A murder of leading law professors have argued that the Fourteenth Amendment is self-executing and requires local election officials to remove Trump from the ballot, as though he were a “stable genius” who had not reached the age of 35. Taking their lead, citizens’ groups have commenced actions in at least 21 states to disqualify Donald Trump from running for President because he engaged in an insurrection.

Trump has prevailed in three of these cases, but it is only the first lap around the track…

  • neptune@dmv.social
    link
    fedilink
    English
    arrow-up
    15
    ·
    1 year ago

    Seems pretty clear that Courts should uphold state AGs doing so. It’s what Gorsuch thought about a state removing an immigrant from the allow a decade ago.

    Otherwise, any kid from anywhere is going to run for president in 2028. Make the college application of the century.

  • AnotherAttorney@kbin.social
    link
    fedilink
    arrow-up
    3
    arrow-down
    12
    ·
    1 year ago

    I doubt any judge would actually remove Trump from the ballot, and even if they did there is no way it would survive in the appellate court.

    All this is going to do is further bolster Trump’s claims that there is a witch hunt against him.

    • spaceghoti@lemmy.oneOP
      link
      fedilink
      English
      arrow-up
      13
      ·
      1 year ago

      I don’t know, the Constitution is pretty clear that Trump is disqualified by the factual finding that he instigated and supported an insurrection. Any appellate court that strikes it down is going to reveal itself to be severely partisan.

      • AnotherAttorney@kbin.social
        link
        fedilink
        arrow-up
        1
        arrow-down
        8
        ·
        1 year ago

        the Constitution is pretty clear that Trump is disqualified by the factual finding that he instigated and supported an insurrection

        The fact that every court to address this issue has said this is not the case suggests otherwise.