Efforts to disqualify Trump for reelection create a prime case for the Supreme Court’s consideration

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The fight to remove former President Trump from the 2024 ballot could make it to the Supreme Court, according to court watchers, who say it’s unclear how the justices would rule if they get involved in the political fray.

Several lawsuits alleging Mr. Trump should be disqualified from the election have been launched across the country, and it is the type of case that would warrant a look from the high court, especially if Mr. Trump’s foes succeed in throwing him off the ballot under Section 3 of the 14th Amendment

“Depending on how the case comes to the Court, that could cut either way. If all this sounds like we don’t know, that’s about right. As with so many things Trump, we’re truly in unchartered waters,” he said. Harvard University professor emeritus Laurence Tribe said he believes the Constitution’s 14th Amendment is clear and it would be too big of a hurdle for Mr. Trump to surmount, reasoning he shouldn’t be able to run for reelection.

He is currently facing federal trials in southern Florida over his handling of classified documents and in Washington for trying to overturn the 2020 election. Both cases are being prosecuted by special counsel Jack Smith. “The Senate’s acquittal is the only official finding by a federal or state institution on the question of whether Trump committed insurrection. The failure of the special counsel to charge insurrection and the Senate to convict in the second impeachment highlights a serious flaw in the academic theory of disqualification,” Mr. Yoo wrote, along with co-author Robert Delahunty, a fellow at the Claremont Institute’s Center for the American Way of Life.

 

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