Glenn Kirschner, a legal analyst and former federal prosecutor, said in early January that the Supreme Court should not allow former President Donald Trump to have a second term. The very idea, in fact, was “inconceivable,” according to Kirschner.
Clear Words
“I want to say it’s ‘almost’ inconceivable,” Kirschner said in a YouTube video, “but you know what, I’m going to drop the ‘almost’: it is inconceivable that the United States Supreme Court would rule that someone who holds the office of the presidency, who then engaged in insurrection, should be permitted to hold the office of the precedence again.”
No Ambiguity
Kirschner cited “53 clear, unmistakable words in the 14th Amendment” as justification for his argument. The part of the 14th Amendment in question is Section Three, which is 109 words long in its totality.
The Words in Question
According to Section Three of the 14th Amendment, no individual shall “hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Case in Point
The Colorado Supreme Court and the secretary of state in Maine both ruled that Trump could not appear on the 2024 election ballot in either state. They cited as proof of his ineligibility his direct participation in and cause of the January 6 Capitol riot.
Recent Success
These two lawsuits barring Trump from the ballot aren’t the first attempts. Cases also citing Section Three of the 14th Amendment were dismissed in Michigan, Minnesota, Rhode Island, New Hampshire, and Florida.
Further Cases
More such cases are still pending in other states, including large ones like New York and Texas. Should they also prove successful, Trump’s chances at winning the presidency in the 2024 election would be practically zero.
Fierce Battle
The decision in Colorado is currently being considered by the Supreme Court. Having recently heard oral arguments, Justices are expected to make their decision as soon as possible.
Direct Appeal
Indeed, both the Colorado Republican Party and the legal watchdog group that filed the first lawsuit blocking Trump from the ballot have already petitioned the Supreme Court. The Republicans want the justices to undo the Colorado ruling, while the legal group unsuccessfully pressured the Court to expedite its review of that ruling, arguing that it must be settled before January when primary voting begins.
GOP Justification
The Colorado Republican Party’s argument covers 34 pages. They claim that Section Three of the 14th Amendment doesn’t apply to the president and argue that only Congress, not a state legislature, can enforce it.
Popularity Contest
Despite Trump’s legal setbacks, the former president remains the clear favorite for presidential nominee among Republican voters. He easily won primary contests in Iowa and New Hampshire.
Pending Rematch
Trump is also performing well in polls against President Joe Biden, who will likely be the Democratic Party’s presidential nominee. Some polls put Biden ahead, while others have Trump in the lead.
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