Rep. Jamie Raskin argued that the U.S. Supreme Court passed the responsibility to Congress by ruling that enforcing the 14th Amendment to ban Donald Trump from holding office again is a matter for Congress, not the judiciary. Raskin, speaking to CNN’s Dana Bash, just stressed that House Democrats, including himself, plan to take up this responsibility and bring the 14th Amendment argument to the House floor.
Raskin reiterated his belief in the disqualification of individuals, including Trump, under Section 3 of the 14th Amendment for engaging in insurrection or rebellion after taking an oath of office. Despite the Supreme Court’s stance that it’s up to Congress to enforce this provision, Raskin expressed disagreement, suggesting that other parts of the 14th Amendment are self-executing and do not require specific legislation.
Acknowledging the Court’s decision to not determine the matter judicially, Raskin revealed his collaboration with colleagues like Debbie Wasserman Schultz and Eric Swalwell to revive legislation that would establish a process to determine disqualification under Section 3 of the 14th Amendment for those involved in insurrection.
Raskin made sure to point out that the House of Representatives had already impeached Donald Trump for participating in insurrection by inciting it, and there was a Senate vote reflecting a significant majority in favor. However, the question remains whether Speaker Mike Johnson would permit bringing this matter to the House floor.
“Well, the Court didn’t exactly disagree with it, they just said that they’re not the ones to figure it out,” Raskin said. “It’s not going to be a matter for judicial resolution under section three of the 14th Amendment, but it’s up to Congress to enforce it.” He continued:
I disagree with that interpretation just because the other parts of the 14th Amendment are self-executing. People can go to court and say that something violates equal protection even if there’s not a federal statute that allows them to do that. But in any event, the Supreme Court punted and said it’s up to Congress to act.
And so I am working with a number of my colleagues, including Debbie Wasserman Schultz and Eric Swalwell, to revive legislation that we had to set up a process by which we could determine that someone who committed insurrection is disqualified by section three of the 14th Amendment.
And the House of Representatives already impeached Donald Trump for participating in insurrection by inciting it. So the House has already pronounced upon that, and there was also a 57 to 43 vote in the Senate. The question is whether Speaker Mike Johnson would allow us to bring this to the floor of the House.
The Supreme Court’s 9-0 decision favored Trump, striking down Colorado’s attempt to prevent him from appearing on the ballot in November due to his alleged involvement in the January 6 insurrection.
