Trump vs. the Woke: Let the People Decide

Shenna Bellows, Maine’s secretary of state, has ordered Donald Trump’s name removed from the Republican primary ballot. Invoking Section 3 of the post-Civil War 14th Amendment, Ms. Bellows claims Mr. Trump engaged in insurrection against the U.S. when he did whatever he did, or didn’t do, on Jan. 6, three years ago this week. Recently, Colorado’s Supreme Court ordered Mr. Trump’s name deleted from that state’s Republican primary ballot for the same reason. Other states have been toying with the idea. It’s up to the U.S. Supreme Court to decide whether the disqualifications are constitutional.

The justices may decide the matter on narrow or legalistic grounds—by a close parsing of the 14th Amendment, and of the term “insurrection.” They must rule on whether Mr. Trump’s rhetoric, actions or failures to act on that day amounted to a violent uprising against the American government. Two powerful lines of argument clash: