• Video
  • Shop
  • Culture
  • Family
  • Wellness
  • Food
  • Living
  • Style
  • Travel
  • News
  • Book Club
  • Newsletter
  • Privacy Policy
  • Your US State Privacy Rights
  • Children's Online Privacy Policy
  • Interest-Based Ads
  • Terms of Use
  • Do Not Sell My Info
  • Contact Us
  • © 2026 ABC News
ABC News

Supreme Court hears historic Trump 14th Amendment case: Key moments

Former President Donald Trump is arguing before the U.S. Supreme Court against being disqualified for office under the 14th Amendment.
1:15
ABC News Photo Illustration, Getty Images - Chip Somodevilla / Staff, DNY59
Justice Alito expresses concern about states retaliating
By Alexandra Hutzler, Quinn Owen
Last Updated: February 8, 2024, 6:58 PM

The U.S. Supreme Court on Thursday heard a historic case challenging Donald Trump's ability to hold office again over his role in the Capitol attack on Jan. 6, 2021.

Trump asked the justices to overturn an unprecedented Colorado Supreme Court decision deeming him ineligible to appear on the state's GOP primary ballot because, it said, he "engaged in insurrection." Trump has long denied any wrongdoing.

The legal battle centers on a previously obscure provision of the Constitution's 14th Amendment -- Section 3 -- ratified shortly after the Civil War.

Latest headlines:

  • Justices skeptical of 14th Amendment case banning Trump from ballot
  • Trump speaks after arguments conclude
  • Justice Alito expresses concern about states retaliating
  • Attorney for Colorado secretary of state begins argument
  • Challengers' counsel argues this case is about 'protecting democracy'
Here's how the news developed. All times Eastern.

Feb 08, 2024 6:58 PM

Justices skeptical of 14th Amendment case banning Trump from ballot

The nation's hight court appeared highly critical of a Colorado Supreme Court decision that would ban Trump from the state's 2024 GOP primary ballot under Section 3 of the 14th Amendment.

In more than two hours of oral arguments, each of the court's nine justices expressed skepticism that an individual state has the authority to deny a candidate for federal office from the ballot as an "insurrectionist."

While the court's ultimate decision is not always clear based on the questions raised during a hearing, it appeared likely that a majority of the court is ready to reverse the Colorado decision and put an end to efforts nationwide seeking to disqualify Trump under the rarely used, 150-year-old Constitutional provision.

Read more about takeaways from the arguments here.

-ABC News' Devin Dwyer and Isabella Murray


Feb 08, 2024 5:37 PM

Trump speaks after arguments conclude

Donald Trump spoke from Mar-a-Lago in Florida moments after the arguments concluded at the U.S. Supreme Court in Washington.

The former president largely focused his criticism on President Joe Biden, but briefly addressed what transpired at the nation's high court.

"In watching the Supreme Court today, I thought it was a very beautiful process," he said. "I hope that democracy in this country will continue because right now we have a very, very tough situation with all of these radical left ideas."

PHOTO: Former President Donald Trump speaks at his Mar-a-Lago estate, Feb. 8, 2024, in Palm Beach, Fla.
Rebecca Blackwell/AP
Former President Donald Trump speaks at his Mar-a-Lago estate, Feb. 8, 2024, in Palm Beach, Fla.
Rebecca Blackwell/AP

Feb 08, 2024 5:29 PM

Justice Alito expresses concern about states retaliating

Justice Samuel Alito, questioning the Colorado solicitor general, brought up the possibility of other states retaliating and excluding another candidate from their ballot.

Shannon Stevenson sought to downplay those concerns.

"I think we have to have faith in our system that people will follow their election processes appropriately," she said. "That they will take realistic views of what insurrection is under the 14th Amendment. Courts will review those decisions. This court may review some of them. But I don't think that this court should take those threats too seriously in its resolution of this case."



Feb 08, 2024 5:12 PM

Attorney for Colorado secretary of state begins argument

Shannon Stevenson, the Colorado solicitor general, is now representing Secretary of State Jena Griswold. She is making the case that Colorado has the power, under state election code, to disqualify candidates who are ineligible to assume the office they’re seeking.

"Nothing in the Constitution strips the states of their power to direct presidential elections in this way," she said in her opening. "This case was handled capably and efficiently by the Colorado courts under a process that we've used to decide ballot changes for more than century. And as everyone agrees, the court now has the record that needs to to resolve these important issues."


Feb 08, 2024 5:07 PM

Challengers' counsel argues this case is about 'protecting democracy'

Justice Brett Kavanaugh asked whether the high court should think about democracy when interpreting Section 3, specifically the right of the people to elect candidates of their choice.

Murray, in a lengthy answer, gave an impassioned argument that this case is at the heart of protecting democracy.

"Constitutional safeguards are for the purpose of safeguarding our democracy, not just for the next election cycle but for generations to come," he said. "And second, Section 3 is designed to protect our democracy in that very way. The framers of Section 3 knew from painful experience that those who had violently broken their oaths to the Constitution couldn't be trusted to hold power again again because they could dismantle our Constitution democracy from within."

"President Trump can go ask Congress to give him amnesty by a two-thirds vote but, unless he does that, our Constitution protects us from insurrectionists," he continued.

"This case illustrates the danger of refusing to apply Section 3 as written because the reason we're here is that President Trump tried to disenfranchise 80 million Americans who voted against him and the Constitution doesn't require that he be given another chance."

PHOTO: Anti-Trump demonstrators protest outside the U.S. Supreme Court as the court considers whether former President Donald Trump is eligible to run for president in the 2024 election, Feb. 8, 2024, in Washington.
Roberto Schmidt/AFP via Getty Images
Anti-Trump demonstrators protest outside the U.S. Supreme Court as the court considers whether former President Donald Trump is eligible to run for president in the 2024 election, Feb. 8, 2024, in Washington.
Roberto Schmidt/AFP via Getty Images

GMA Newsletters

Sign up for our newsletters to get GMA delivered to your inbox every morning!

Up Next in news

PHOTO: In this screen grab from a video, Andon Market is shown in San Francisco, Calif.

This San Francisco shop is run completely by an AI agent

April 23, 2026
VIDEO: Trump orders Navy to 'shoot and kill' any boat laying mines in Strait of Hormuz

Trump orders Navy to 'shoot and kill' any boat laying mines in Strait of Hormuz

April 23, 2026
PHOTO: In this Aug. 12, 2016, file photo, the Orange County Courthouse is shown in Santa Ana, Calif.

Mother charged after teen son allegedly hits and injures 81-year-old veteran while riding e-motorcycle

April 23, 2026

The latest lifestyle and entertainment news and inspiration for how to live your best life - all from Good Morning America.
  • Contests
  • Terms of Use
  • Privacy Policy
  • Do Not Sell My Info
  • Children’s Online Privacy Policy
  • Advertise with us
  • Your US State Privacy Rights
  • Interest-Based Ads
  • About Nielsen Measurement
  • Press
  • Feedback
  • Shop FAQs
  • ABC News
  • ABC
  • All Videos
  • All Topics
  • Sitemap

© 2026 ABC News
  • Privacy Policy— 
  • Your US State Privacy Rights— 
  • Children's Online Privacy Policy— 
  • Interest-Based Ads— 
  • Terms of Use— 
  • Do Not Sell My Info— 
  • Contact Us— 

© 2026 ABC News