Former President Donald Trump has appealed a ruling by Maine's Democratic Secretary of State, Shenna Bellows, that disqualified him from the ballot due to his role in the January 6, 2021, attack on the U.S. Capitol. This decision marked the first time in history that a secretary of state utilized Section 3 of the 14th Amendment to bar someone from running for the presidency. Section 3 prohibits individuals who have "engaged in insurrection" from holding office. Trump's appeal will now go to Maine's Superior Court.

Additionally, Trump is expected to appeal a similar ruling by the Colorado Supreme Court directly to the U.S. Supreme Court. The Colorado court's 4-3 ruling, also based on Section 3 of the 14th Amendment, was the first time in history that the provision was used to prevent a presidential contender from appearing on the ballot. Trump's critics have filed numerous lawsuits in an attempt to disqualify him from running in multiple states, but until now, none have succeeded.

Critics argue that these rulings set a dangerous precedent, allowing partisan election officials to disqualify candidates they oppose. They also argue that the courts cannot simply declare the January 6 attack an insurrection without a more established judicial process. However, supporters of using Section 3 against Trump argue that the attack was unprecedented in American history and that few cases are as ripe for its application.

The legal territory surrounding Section 3 is relatively uncharted, with its only notable use occurring in the years following the Civil War to prevent defeated Confederates from returning to government positions. Legal scholars believe it was last cited by Congress in 1919 to block the seating of a socialist representative who opposed U.S. involvement in World War I. However, Section 3 has resurfaced in recent years, with a judge using it to remove a New Mexico county commissioner from office in 2022 and liberal groups attempting to block the reelection bids of Republican Representatives Madison Cawthorn and Marjorie Taylor Greene due to their roles in the January 6 attack.

Conservatives warn that if Trump is removed from the ballot, Section 3 could be used against opponents in unexpected ways. They suggest it could even be used to remove Vice President Kamala Harris because she raised bail money for individuals arrested after the murder of George Floyd. Trump and his allies have criticized the cases against him as anti-democratic and have tried to link them to President Joe Biden, claiming that liberal groups funding the cases share prominent donors with the Democratic president. However, the Biden administration has stated that the president has no role in the litigation.

In response to Bellows' ruling, Trump has filed an 11-page complaint in Maine Superior Court, arguing that she was biased and should have recused herself. He also claims that he was denied due process and that Bellows lacked statutory authority to hear the challenges to his candidacy. Trump is asking the court to require Bellows to immediately list his name on the Republican presidential primary ballot and overturn her ruling.

Trump's eligibility for the presidency has been challenged in over two dozen states, but Bellows is the only top election official to have disqualified him under Section 3. In Colorado, the state's Supreme Court ruled 4-3 to keep Trump off the primary ballot, but the decision was halted to allow for review from the U.S. Supreme Court. The Colorado GOP has appealed the ruling, and Colorado Secretary of State Jena Griswold has stated that Trump will be included on the ballot unless the Supreme Court declines to hear the case or upholds the Colorado Supreme Court's decision.

Unlike in Colorado, Maine law requires voters to petition the secretary of state with challenges to a candidate's qualifications, followed by a public hearing where the challengers present their case. Bellows held such a hearing and determined that Trump's actions surrounding the January 6 attack warranted his disqualification. She emphasized that no secretary of state had ever deprived a presidential candidate of ballot access based on Section 3 but argued that her actions were necessary to respond to an assault on the foundations of the government.

The final decision on Trump's eligibility will likely be made by the U.S. Supreme Court, which has never issued a ruling on Section 3 of the 14th Amendment. Trump's appeal in Maine and the Colorado case will both play a significant role in shaping the court's interpretation of this provision.