Legal scholars are debating the legality of attempts to block Trump from the ballot, while labeling them as dangerous.
Adversaries Push Legal Theory to Keep Trump Off 2024 Ballot
Adversaries of former President Donald Trump, including some fellow Republicans, are pushing a much-debated legal theory to keep the embattled former president off the 2024 ballot in key U.S. states.
The 14th Amendment Argument
Proponents of a 14th Amendment-based theory argue that a post-Civil War clause ought to keep him off the ballot right now, even without a single conviction on the dozens of hotly disputed charges President Trump faces in four separate criminal cases.
Disqualification and the 14th Amendment
Anyone who engaged in a “rebellion” or “insurrection” against the United States must be barred from holding public office, that theory holds. President Trump’s foes argue that the “disqualification” provision of the 14th Amendment was activated on Jan. 6, 2021.
Jan. 6 and the Capitol Riot
While still in office on that date, President Trump encouraged people to protest against the 2020 election results being certified and naming Democrat Joe Biden as the winner. But the largely peaceful demonstration at the U.S. Capitol turned violent. President Trump’s detractors blame him for the outcome.
Legal Experts in Disagreement
However, legal experts disagree over whether the events of Jan. 6 can rightfully be classified as an attempt to overthrow the government. They also dispute whether the 14th Amendment’s disqualification clause applies. They also cannot even agree on whether the disqualification provision remains in effect.
Persistent Efforts to Block Trump’s Candidacy
Regardless, attempts to block President Trump’s candidacy under this theory persist despite the lack of legal clarity–and although similar efforts aimed at other Republican officeholders, including Congressmen, have fallen flat.
Tit-for-Tat Reaction
At the same time, some of President Trump’s supporters are calling for a tit-for-tat reaction. They say President Biden’s alleged entanglements in his son’s foreign business dealings ought to disqualify him from reelection; the president has denied wrongdoing.
Scholars Cannot Agree
A respected constitutional scholar, Mike Davis, denounces the 14th Amendment disqualification theory.
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