As the litigation makes its way through the court system, it could also help clear up a few broader questions:Was Jan. 6 an “insurrection,” legally speaking? What does it mean to be “engaged” in insurrection, and what level of involvement triggers the Disqualification Clause? And while Tribe’s view is that Jan. 6 was indeed an insurrection, it is by no means obvious how courts will interpret the 14th Amendment without clearer signals from Congress. “You’re dealing with a very murky and open area of constitutional law,” Tribe said in an interview. “We have to dust it off,” said Representative Jamie Raskin, a Democrat of Maryland who has consulted with Tribe on the topic.

Source: New York Times January 20, 2022 20:37 UTC