The 14th Amendment bans insurrectionists from seeking office, and the question of whether Trump can even be on the ballot is likely headed to the high court.
While Donald Trump wants to take his case for returning to the White House to some 200 million American voters, he may first need to win over five — a majority on the U.S. Supreme Court.
“If the public record is accurate, the case is not even close. He is no longer eligible to the office of presidency, or any other state or federal office covered by the Constitution,” wrote the University of Chicago Law School’s William Baude and the University of St. Thomas School of Law’s Michael Paulsen. “All who are committed to the Constitution should take note and say so.
Another anti-Trump Republican, former New Hampshire state party chair Fergus Cullen, agreed that Trump’s demise has to come at the ballot box for many Republicans to accept its legitimacy. “I’m afraid the only way for this vampire to be killed in a way voters will accept is if God or the voters drive the stake in themselves,” he said.
Fein said he hopes secretaries of state enforce the 14th Amendment prohibition and strike Trump from the ballot, but that his group is prepared to sue elections officials if they fail to do so. “We’ve assembled top-notch legal teams and we’re ready to go,” he said. Regarding a favourite claim by Trump supporters that January 6 was not really an “insurrection,” the pair point out that Congress itself, by an overwhelming and bipartisan vote, described it as such in a resolution giving the congressional gold medal to four Capitol Police officers who defended the building that day.
The other candidates running for the 2024 nomination, though, have continued their strategy of not criticising Trump for his January 6 actions or the legal consequences arising from them, and have largely remained silent on the 14th Amendment issue, as well.Officials in charge of administering elections across the country, however, have taken notice.
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