It seems the Republican party will take a chance on former President Donald Trump. The insurrectionist and former President is way ahead in the primary and is considered the likely nominee. So far state judges have ruled against attempts to exclude him from the primary ballot but at least some of those decisions are being appealed

This is the section of the 14th Amendment that is at the heart of this. By the way this is provided provided by the Legal Information Institute at Cornell Law School. By the way, the The bolding of a few phrases is mine to draw attention to the part of the section I will discuss below.

Section 3.
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

The Colorado case is currently being appealed to the Colorado Supreme Court. The lower court found that former president Trump engaged in insurrection but rejected an effort to keep him off the state’s primary ballot because it is unclear whether the amendment applies to the presidency.

I think it is clear. It was just unthinkable that a President would engage in such conduct. They did not specify the President but is is hard to imagine any reason they would specify a wide range of offices but think it was OK if the President engaged in insurrection or gave comfort to those who did. The words or hold any office indicates they did not means their list to be limited to those mentioned.

I think the former President did engage in insurrection But there are many who disagree. But clearly he did give aid or comfort by doing nothing to fight the insurrection, with his message to the insurrectionists hours after the attack on the Capital, and with his words about pardoning the January 6 insurrectionists.

The Republican party will take a chance on former President Donald Trump if he is chosen as their candidate Even is he is allowed to remain on the primary ballot, there is a chance the a lawsuit could remove him from the general election ballot or he may be disqualified when he attempts to take office,