Cook County Circuit Judge Tracie Porter has ruled to disqualify former President Donald Trump from appearing on the state’s GOP ballot due to his involvement in the events of January 6, 2021. [Source]
Illinois is the third state, following Colorado and Maine, to invoke the Fourteenth Amendment’s insurrection clause as grounds for Trump’s removal from primary ballots.
Judge Porter, recognizing the gravity of her decision, has temporarily stayed her order until March 1, allowing Trump the opportunity to appeal.
The order came as a counter to the Illinois State Board of Elections’ prior dismissal of a challenge against Trump’s candidacy, which had concluded that it lacked the authority to determine if Trump’s actions on January 6 violated constitutional provisions. [Source]
The ruling stems from a broader national debate over the interpretation and application of the Fourteenth Amendment’s disqualification provision, which was originally established in 1868 to prevent former Confederates from holding office.
At the heart of this debate is whether Trump’s encouragement of his supporters to storm the US Capitol constitutes an act of insurrection against the United States.
“This Court shares the Colorado Supreme Court’s sentiments that did not reach its conclusion lightly,” wrote Judge Porter, emphasizing the seriousness with which she approached her decision. Her 72-page ruling concluded that Trump fails to meet the requirements set forth by Section 3 of the Fourteenth Amendment, mandating his removal from the ballot.
The challenge to Trump’s candidacy in Illinois was spearheaded by the liberal advocacy group Free Speech For People, mirroring efforts across the nation to scrutinize Trump’s eligibility under the so-called insurrection clause.
The legal landscape is fraught with contention as several states have reached differing conclusions on Trump’s candidacy, reflecting the unprecedented nature of the situation and the ambiguity surrounding the definition of insurrection.
Trump’s legal team has vigorously contested the application of the Fourteenth Amendment in this context, arguing that the clause is vague and that the events of January 6 do not constitute a legal insurrection.
Trump campaign spokesman Steven Cheung denounced the challenges as “bad-faith” and “bogus,” highlighting previous court rulings in states like Michigan, Minnesota, and Arizona that have allowed Trump to remain on primary ballots.
The Illinois GOP primary, set for March 19, now hangs in the balance as the political and legal drama unfolds. The U.S. Supreme Court is expected to weigh in on the matter, with the high court’s impending decision on the Colorado ruling potentially setting a precedent for how such cases are handled moving forward.
The outcome of this legal battle could have far-reaching implications for the Republican primary.