Minnesota Supreme Court Dismisses ‘Insurrection Clause’ and Allows Trump on Primary

 November 9, 2023

In a recent landmark decision, the Minnesota Supreme Court rejected a lawsuit aimed at barring former President Donald Trump from the state's primary ballot.

The court ruled that political parties have the discretion to choose their primary candidates, irrespective of any potential disqualifications to hold office.

The case centered on the application of Section 3 of the 14th Amendment, often referred to as the 'Insurrection Clause.' The lawsuit filed by the group Free Speech For People argued this clause should prevent Trump from running in the presidential primary due to his alleged role in the January 6th Capitol attack.

Details of the Ruling

However, the court sidestepped the issue of interpreting the 'Insurrection Clause.' Instead, it focused on the state law, explaining that it permits parties to nominate any candidate they want for the primary ballot. Chief Justice Natalie Hudson stated:

"There is no state statute that prohibits a major political party from placing on the presidential nomination primary ballot, or sending delegates to the national convention supporting, a candidate who is ineligible to hold office."

While the court's decision was seemingly limited to the context of Minnesota's laws, it effectively allowed Trump's name to remain on the ballot.

Reactions to the Decision

The response to the judgment was as polarized as the political landscape itself. Free Speech For People, the group behind the lawsuit, expressed disappointment but remained undeterred. Ron Fein of Free Speech for People reflected on the ruling, saying:

"We are disappointed by the court’s decision. However, the Minnesota Supreme Court explicitly recognized that the question of Donald Trump’s disqualification for engaging in insurrection against the U.S. Constitution may be resolved at a later stage."

Meanwhile, Trump celebrated the court's decision on Truth Social, his social media platform, labeling the lawsuit as "ridiculous" and a "hoax."

Implications and Future Legal Battles

The Minnesota Supreme Court's decision could potentially set a precedent for similar ongoing cases in states like Colorado. Legal experts suggest that the debate over applying the 14th Amendment's 'Insurrection Clause' will likely reach the U.S. Supreme Court.

The latter has not previously ruled on Section 3 of the 14th Amendment, which bars individuals who have engaged in insurrection against the Constitution from holding office. This leaves the interpretation of the clause and its implications for Trump's eligibility in uncharted territory.

The Minnesota Supreme Court's ruling, while not directly addressing this constitutional issue, has nonetheless added a significant layer of complexity to the unfolding legal drama.

A Timeline of the Case

The lawsuit's journey to the Minnesota Supreme Court began following the events of January 6, 2021, when supporters of Trump stormed the U.S. Capitol building. The court heard arguments in the case on November 2, 2022, and delivered its decision on November 8, 2022.

Despite this setback, Free Speech for People pledged to continue trying to bar Trump's candidacy. Thus, similar legal battles are anticipated to continue in other states.

As the nation waits for these cases to unfold and potentially reach the U.S. Supreme Court, the question of Trump's eligibility to run for office remains a contentious topic of debate.


  • The Minnesota Supreme Court has dismissed a lawsuit seeking to bar Donald Trump from the state's primary ballot.
  • The court avoided ruling on applying the 'Insurrection Clause' of the 14th Amendment, focusing instead on state law, which allows parties to nominate any candidate they choose for the primary ballot.
  • Free Speech For People, the group behind the lawsuit, expressed disappointment but remains undeterred in their efforts.
  • Trump celebrated the dismissal of the "ridiculous" lawsuit on his social media platform, Truth Social.
  • Similar cases are ongoing in other states, and the 14th Amendment's 'Insurrection Clause' issue is expected to reach the U.S. Supreme Court eventually.
  • The Minnesota Supreme Court's decision adds a layer of complexity to the unfolding legal drama surrounding Trump's eligibility to run for office.

About Robert Cunningham

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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