House Speaker Mike Johnson and other conservatives are blasting reports that Democrats are preparing legislation to try to bar former President Donald Trump from the 2024 ballot, following the Supreme Court’s ruling that Congress alone has power to enforce the Insurrection Disqualification Clause against presidential candidates.

On Monday, the Supreme Court unanimously ruled that states cannot rely on the 14th Amendment’s Section 3 to disqualify candidates for federal office like the presidency over their involvement in an “insurrection.” However, the Court said Congress does have authority under Section 3 to potentially disqualify such candidates.

According to Axios, Rep. Jamie Raskin is already drafting a federal bill that would purportedly allow the Justice Department to sue to remove Trump from the ballot over his alleged role surrounding the events of January 6th, which Democrats call an “insurrection.” Raskin suggests pairing the bill with a congressional resolution formally labeling January 6th an insurrectionary event.

A spokesperson for Speaker Johnson slammed the Democratic efforts, stating “Democrats need to get a grip. In this country, the American people decide the next president—not the courts and not the Congress.”

Conservatives argue that voters, not Congress, should determine Trump’s eligibility through the democratic process. They contend Congress trying to disqualify a leading presidential candidate from the opposing party would be an unprecedented overreach and assault on free elections.

Critics are sounding alarms that such a move by Democrats could dangerously politicize the Justice Department by weaponizing it against a prime political rival of the Biden administration. They warn it would further divide the nation and irreparably damage faith in democratic institutions.

While Trump faces federal investigations related to the 2020 election, he has not been charged with the criminal offense of insurrection that would seemingly be required to trigger disqualification under the 14th Amendment clause.

Moreover, in their minority opinion, liberal justices Sotomayor, Kagan and Jackson warned that the Court’s ruling could improperly constrain how the Insurrection Disqualification Clause can be enforced by Congress – potentially foreclosing methods beyond the legislating based on the 14th Amendment that the majority endorsed.

Raskin’s office did not respond to requests for comment on the specifics of the legislation he is preparing in the wake of the Court’s Section 3 decision.