OPINION: SCOTUS and Congressional Inaction Are Allowing Donald Trump to Get Away with Inciting an Insurrection Open Letter to Mitch McConnell, Rand Paul, Morgan McGarvey

It is time for Congress to fulfill its Constitutional duty and remove Donald Trump from the Presidential ballot pursuant to Section 3 of the 14th Amendment to the Constitution. That section bars from office any person “who, having previously taken an oath… to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.” Proceedings in Colorado, Maine and Illinois have all found Trump guilty of inciting an insurrection, but the Supreme Court has ruled that only Congress, not the States, has authority to enforce Section 3 against federal officeholders and candidates. With three states having found Trump guilty of violating Section 3, why isn’t Congress taking action to establish a process for barring him—and future insurrectionists—from office?

We all witnessed the Insurrection that occurred January 6, 2021. The extensive investigation by the House January 6 Committee recommended that criminal charges be brought against Trump and his allies. Now it is incumbent upon Congress to do its job and provide for the removal of Donald Trump from the Presidential ballot. Call your Senators and Representatives at (202) 224-3121.

Jim Johnson (Retired JCPS Public School Teacher)

Everett Hoffman (Attorney & former Kentucky ACLU Director)

Steve Mershon (Retired Circuit Court Judge)

Jim Wayne (Former State Legislator who represented District 35)

Cathy Ford (Louisville Fellowship of Reconciliation Steering Committee)

Pat Gier (Louisville Fellowship of Reconciliation Steering Committee co-chair)

Chris Harmer (Louisville Fellowship of Reconciliation Steering Committee co-chair) Jim Johnson’s bio: I taught in the JCPS public School system for 31 years. I retired in 2004. I am a member of the Louisville Fellowship of Reconciliation Steering Committee and a member of the Association for the Study of African American Life and History. I am not submitting this narrative on behalf of LFOR or ASALH.