Here's the Disqualification Clause, Section 3 of the Fourteenth Amendment:
>>>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.<<<(emphasis added).
There had been some discussion of this previously with regards to whether or not Trump is barred from public office due to January 6, but most of the discussions I saw were not very detailed.
Two law professors (conservative) recently published a law review article concluding that Trump is barred by Section 3:
>>>Last week, law professors William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas — both members of the conservative Federalist Society —
argued in a law review article that Trump is already constitutionally forbidden from serving in public office because of Section Three of the 14th Amendment. . . . As the professors note, Section Three “can and should be enforced by every official, state or federal, who judges qualifications.”
Most importantly, the authors conclude that Section Three covers a “broad range of conduct against the authority of the constitutional order” and “a broad range of former offices, including the presidency.” They state explicitly that Section Three “disqualifies former President Donald Trump, and potentially many others, because of their participation in the attempted overthrow of the 2020 presidential election.”
Every president, regardless of party,
takes an oath to preserve and defend the Constitution of the United States. Enforcing the Disqualification Clause against an official who violated that oath is an act of patriotism, not partisanship. As Baude and Paulsen correctly state, “Officials must enforce the Constitution because it is law … Section Three has legal force already.”
The Disqualification Clause has already been used successfully to promote accountability for the insurrection, and, in the coming months, it will be used again to prevent Trump and others from serving in public office.<<<
Enforcing the Disqualification Clause against an official who violated their oath is an act of patriotism, not partisanship.
thehill.com
This does not mean that a court would necessarily agree with this analysis, but the law review article does make it much more likely that this issue will be litigated.
