Elie Honig criticized Maine Secretary of State Shenna Bellows' decision to bar former President Donald Trump from the ballot on Thursday, arguing that Bellows based her ruling on YouTube clips, news reports, and other things that would never pass the bar in normal court.
The 14th Amendment, Section 3 says in plain text that if you shall have engaged in insurrection, you can't be in office. She takes that to mean that if she determines that Donald Trump engaged in insurrection, he can't be on the Maine primary ballot. Is it that simple? Honig replied, No, it's not that simple.
The argument against is, first of all, the 14th Amendment Section 5 says Congress has the authority to pass laws to implement this. They did, they passed the criminal law, and the argument is that means Congress, not the states. But perhaps, and this is the argument that the Maine secretary of state and Colorado made, the states can do it too. If that's true, then section 2 question two is, were the processes, were the hearings fair? Did they comport with due process?
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