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Another suit to disqualify Trump under the Constitution's 'insurrection' clause is filed in Michigan

A liberal group on Friday filed a lawsuit in Michigan contending that former president Donald Trump is disqualified from regaining his old job based on a rarely used, post-Civil War provision in the U.S. Constitution.
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FILE - Former President Donald Trump speaks in Clinton Township, Mich., Wednesday, Sept. 27, 2023. Trump is set to make a personal pitch to California Republicans in a bid to solidify his support in a GOP presidential contest he has dominated for months. The leading GOP White House hopeful is scheduled to give a speech Friday, Sept. 29, 2023, at a state Republican Party convention near Disneyland. (AP Photo/Mike Mulholland, File)

A liberal group on Friday filed a lawsuit in Michigan contending that former president Donald Trump is disqualified from regaining his old job based on a rarely used, post-Civil War provision in the U.S. Constitution.

This is the first time an organization with significant legal resources has sought to block the GOP frontrunner鈥檚 campaign in a swing state.

Free Speech For People argued that Trump's attempt to overturn his 2020 election loss and encouragement of the Jan. 6, 2021 attack on the U.S. Capitol violated section three of the 14th Amendment, which holds that anyone who swore an oath to uphold the constitution and then 鈥渆ngaged in insurrection or rebellion鈥 against it is barred from holding office.

The case is the second the organization has filed to block the GOP presidential frontrunner's bid, following one in .

Dozens of cases have been filed nationally but the Free Speech For People cases and one filed in by another liberal group are the first brought by organizations with significant legal resources.

Trump has from the ballot as 鈥渆lection interference鈥 and his attorneys argued in the Colorado case that it violates his free speech rights.

Those are seen as most likely to reach the U.S. Supreme Court, which has never ruled on the provision.

Michigan is a particularly significant location for a challenge because it is both a swing state and its Democratic Secretary of State, Jocelyn Benson, wrote in The Washington Post earlier this month that she and other top election officers don't have the ability to bar Trump under the clause.

Section three has only been used a handful of times since the Civil War.

Nicholas Riccardi, The Associated Press

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