Enacted in the wake of the Civil War, Section 3 of the 14th Amendment disqualifies from public office any individual who has taken an oath to uphold the U.S. Constitution but then engages in insurrection or rebellion against the United States, or gives aid or comfort to its enemies. No prior criminal conviction is required.

Trump was targeted by plaintiffs in cases for his role in “inciting and facilitating” the insurrection at the U.S. Capitol on Jan. 6, 2021, just after the November 2020 general election in which President Joe Biden defeated Trump.