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Liberal groups seek to use the Constitution's insurrection clause to block Trump from 2024 ballots (apnews.com)

submitted 1 year ago by MicroWave@lemmy.world to c/politics@lemmy.world

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As former President Donald Trump dominates the Republican presidential primary, some liberal groups and legal experts contend that a rarely used clause of the Constitution prevents him from being president after the Jan. 6, 2021, attack on the U.S. Capitol.

The 14th Amendment bars from office anyone who once took an oath to uphold the Constitution but then “engaged” in “insurrection or rebellion” against it. A growing number of legal scholars say the post-Civil War clause applies to Trump after his role in trying to overturn the 2020 presidential election and encouraging his backers to storm the U.S. Capitol.

Two liberal nonprofits pledge court challenges should states’ election officers place Trump on the ballot despite those objections.

The effort is likely to trigger a chain of lawsuits and appeals across several states that ultimately would lead to the U.S. Supreme Court, possibly in the midst of the 2024 primary season. The matter adds even more potential legal chaos to a nomination process already roiled by the front-runner facing four criminal trials.

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[-] MicroWave@lemmy.world 21 points 1 year ago

Huh? Based on this article, two conservative professors gave the issue a boost because of their recently released law review article, but the liberal non-profit (Free Speech For People) has been urging states to do this since 2021:

Though most litigation is unlikely to begin until October, when states begin to set their ballots for the upcoming primary, the issue has gotten a boost from a recently released law review article written by two prominent conservative law professors, William Baude and Michael Paulsen. They concluded that Trump must be barred from the ballot due to the clause in the third section of the 14th Amendment.

...

In 2021, the nonprofit Free Speech For People sent letters to the top election official in all 50 states requesting Trump’s removal if he were to run again for the presidency. The group’s legal director, Ron Fein, noted that after years of silence, officials are beginning to discuss the matter.

[-] hypelightfly@kbin.social 9 points 1 year ago

Letters aren't lawsuits.

[-] MicroWave@lemmy.world 4 points 1 year ago

And neither are law review articles. I think we're talking about who pushed the idea of using the 14th Amendment first. Of course, the article also acknowledges that the first lawsuit on this issue was filed by a Republican presidential candidate:

On Wednesday, a long-shot Republican presidential candidate, John Anthony Castro, of Texas, filed a complaint in a New Hampshire court contending the 14th Amendment barred Trump from that state’s ballot.

[-] not_that_guy05@lemmy.world 1 points 1 year ago

No what I'm saying is it's not just a liberal thing that this title is trying to stroke flames here. It is the unilateral parties that believes he is a threat to democracy.

What I'm saying is the title is trying to do them vs us again when it's not. Both parties scholars have been arguing this case for Trump not to be allowed again and they are right.

this post was submitted on 31 Aug 2023

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