- The Cook County judge sided with voters trying to oust Trump from the primary ahead of the state's March 19 Republican primary
- The U.S. Supreme Court has considered whether states can throw Trump off the ballot using an argument about his alleged participation on Jan. 6
- Illinois is the third state, after Colorado and Maine, to try to oust Trump from the election
An Illinois state judge has barred former President Donald Trump from the Republican presidential primary in Illinois over his alleged role in the Jan. 6 Capitol riots.
Cook County Circuit Court Judge Tracie Porter ruled in favor of Illinois voters who argued that Trump should be barred from the state's mid-March primary and the Nov. 5 general election.
Voters brought their lawsuit over Trump's conduct on January 6, 2021, when he allegedly violated the Anti-Insurrection Clause of the 14th Amendment.
Porter delayed the entry into force of her ruling amid an unexpected appeal from the former president's legal team.
An Illinois state judge has barred former President Donald Trump from the Republican presidential primary in Illinois over his alleged role in the Jan. 6 Capitol riots
Voters brought their lawsuit over Trump's conduct on January 6, 2021, when he allegedly violated the Anti-Insurrection Clause of the 14th Amendment
The legal arguments to bar him from the ballot largely revolve around a novel application of the 14th Amendment to the U.S. Constitution, which largely hinges on whether or not the Jan. 6 riots can be defined as an insurrection
Illinois is currently one of a few states attempting to exclude the likely Republican nominee for president from both the primary and general elections.
The legal arguments to bar him from the ballot largely revolve around a novel application of the 14th Amendment to the U.S. Constitution, which largely hinges on whether or not the Jan. 6 riots can be defined as an insurrection.
The U.S. Supreme Court has taken up the issue after a Colorado court tried to do the same – the Justice Department is expected to make a decision on the matter soon.
The court is widely expected to reject arguments that Trump should be barred from holding office.
Porter's ruling relied heavily on the Colorado Supreme Court's previous decision, whose decision the U.S. Supreme Court will likely find wrong.
The judge wrote in her ruling that she “recognizes the significance of this decision and its impact on the upcoming Illinois primary election.”
“The Illinois State Board of Election should remove Donald J. Trump from the ballot for the March 19, 2024 general primary election or cause the suppression of all votes cast for him.”
Cook County Circuit Court Judge Tracie Porter ruled in favor of Illinois voters who argued that Trump should be barred from the state's mid-March primary and the Nov. 5 general election
Three states have now tried to oust Trump from the ballot ahead of the primaries and general elections
Trump's legal team was given a short deadline to appeal Porter's decision
Porter axed Trump a month after the same challenge was dismissed by the Illinois State Board of Elections – a bipartisan panel that voted unanimously to dismiss the case because it claimed it lacked jurisdiction over the matter.
Wednesday's decision makes Illinois the third state, after Colorado and Maine, to try to oust Trump from the election.
The lawsuit was filed by a group of voters in alliance with Free Speech For People, a legal advocacy group that tried but failed to remove Trump from the ballot in Michigan, Minnesota and Oregon.
Both former states' decisions were stayed until the Colorado case was appealed to SCOTUS.
Nicholas Nelson, one of Trump's lawyers, said that January 6 could best be described as a “political insurrection.” He said it was an angry mob rather than an organized group with a specific set of legal goals
In late January, Porter explained to Trump's legal team the technical difference between an “insurrection” and an “insurrection.” She also questioned whether Trump must first be convicted of a crime before he can be removed from office.
“Is it important to understand why this crowd came together and what they were actually trying to do?” the judge asked Trump’s lawyers.
Nicholas Nelson, one of Trump's lawyers, said that January 6 could best be described as a “political insurrection.” He said it was an angry mob rather than an organized group with a specific set of legal goals.
“It was a government act and there is no indication that the rioters had a plan.” “They were just angry,” he said.