Now, lawyers on day two of the weeklong hearing are arguing whether the infamous events of Jan. 6, 2021 constituted an insurrection under a rarely used clause of the U.S. Constitution that they are trying to use to disqualify former President Donald Trump from the 2024 ballot. The hearing in Colorado is one of two this week — with the second before the Minnesota Supreme Court on Thursday — that could end up before the U.S. Supreme Court, which has never before ruled on the Civil War-era provision in the 14th Amendment. Tuesday’s witnesses are expected to include an expert in right-wing violence and an expert on Section Three of the 14th Amendment, which has only been used a handful of times since it was adopted in 1868.
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