(ConservativeJournal.org) – Former President Donald Trump may face a complete ban from the 2024 presidential ballot. Liberal groups have recently brought up a clause in the US Constitution that indicates one who incites “rebellion” may not be able to run for president, in reference to the January 6 “attack”.
The 14th Amendment of the Constitution prevents from holding office anyone who has previously taken an oath to uphold the Constitution but then “engaged” in “insurrection or rebellion” against it. Some legal scholars argue that this clause applies to Trump.
While most litigation is not expected to begin until October, when states prepare their primary ballots, a recent law review article by conservative law professors William Baude and Michael Paulsen has given momentum to the argument against Trump’s eligibility. They concluded that based on the 14th Amendment’s third section, Trump should be barred from the ballot. Baude and Paulsen argue that Trump’s actions following the 2020 election, specifically his attempt to overturn the 2020 presidential election and encouraging his supporters to storm the Capitol, clearly fall within the scope of this provision.
Two liberal nonprofit organizations have pledged to challenge Trump’s candidacy in court if states’ election officers allow him on the ballot despite these objections.
This legal battle will lead to lawsuits across all states, eventually reaching the US Supreme Court. There is a chance all of this will be happening during the 2024 elections. Gerard Magliocca, a law professor at Indiana University, warns that these cases could be active during the primaries, potentially leading to different outcomes in different states before the Supreme Court issues a final decision.
This further complicates the already tumultuous nomination process, as Trump already faces four criminal trials. Trump’s eligibility to run could now be subject to even more legal scrutiny just as Republicans begin choosing their nominee, starting with the Iowa caucuses on January 15.
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