A group of North Carolinians failed to get North Carolina Representative Madison Cawthorn kicked off November’s ballot. They’d argued that the 14th Amendment’s “Disqualification Clause” prohibits anyone who participated in an “insurrection” against the government of the United States from appearing on a ballot—and of course, within hours of events on January 6, Democrats started saying that a spontaneous protest at the Capitol constituted an “insurrection.” (The fact that there seem to have been government operatives herding people onto the Capitol grounds and into the building suggests it wasn’t a coincidence that they instantly had a narrative in place.)
Cawthorn was the first to be subject to a 14th Amendment, Section 3 (Disqualification Clause) attack, but the fact is that, back in December, all activities got their Marc Elias, Hillary Clinton’s attorney:
My prediction for 2022: Before the midterm election, we will have a serious discussion about whether individual Republican House Members are disqualified by Section 3 of the 14th Amendment from serving in Congress.
We may even see litigation. pic.twitter.com/pF7P2fw0kn
— Marc E. Elias (@marceelias) December 21, 2021