Liberal organizations aim to utilize the Constitution’s insurrection clause for preventing Trump’s inclusion in 2024 ballots

Can Trump Run for President Again?

Background

As former President Donald Trump dominates the Republican presidential primary, some liberal groups and legal experts contend that a rarely used clause of the Constitution prevents him from being president after the Jan. 6, 2021, attack on the U.S. Capitol. The 14th Amendment bars from office anyone who once took an oath to uphold the Constitution but then “engaged” in “insurrection or rebellion” against it.

Legal Challenges

A growing number of legal scholars say the post-Civil War clause applies to Trump after his role in trying to overturn the 2020 presidential election and encouraging his backers to storm the U.S. Capitol. Two liberal nonprofits pledge court challenges should states’ election officers place Trump on the ballot despite those objections.

Potential Legal Chaos

The effort is likely to trigger a chain of lawsuits and appeals across several states that ultimately would lead to the U.S. Supreme Court, possibly in the midst of the 2024 primary season. The matter adds even more potential legal chaos to a nomination process already roiled by the front-runner facing four criminal trials. Now Trump’s very ability to run could be litigated as Republicans are scheduled to start choosing their nominee, starting with the Iowa caucuses on Jan. 15.

Complexity of the Issue

Though most litigation is unlikely to begin until October, when states begin to set their ballots for the upcoming primary, the issue has gotten a boost from a recently released law review article written by two prominent conservative law professors, William Baude and Michael Paulsen. They concluded that Trump must be barred from the ballot due to the clause in the third section of the 14th Amendment.

State Secretaries of State

Other secretaries of state are warily navigating the legal minefield. In a radio interview earlier this week, Michigan Secretary of State Jocelyn Benson, a Democrat, said “there are valid legal arguments being made” for keeping Trump off the ballot and that it’s something she is discussing with other secretaries of state, including those in presidential battlegrounds.

Trump’s Response

Trump argues that any effort to prevent him from appearing on a state’s ballot amounts to “election interference” — the same way he is characterizing the criminal charges filed against him in New York and Atlanta and by federal prosecutors in Washington, D.C., and Florida.

Legal Precedent

The eventual, bigger court challenges are expected to draw greater legal firepower. Ratified in 1868, the 14th Amendment helped ensure civil rights for freed slaves — and eventually for all people in the U.S. — but also was used to prevent former Confederate officials from becoming members of Congress and taking over the government they had just rebelled against.

Conclusion

If any state bars Trump from running, his reelection campaign is expected to sue, possibly taking the case directly to the U.S. Supreme Court. If no state bans him, Free Speech For People and another nonprofit, Citizens for Responsibility and Ethics in Washington, would likely challenge his presence on the ballot. It’s critical that the high court decides this issue to maintain the integrity of the presidential election process.

Read More of this Story at apnews.com – 2023-08-31 10:32:00