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this post was submitted on 29 Feb 2024
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This will inevitably be challenged, probably along due process lines. And they'll have a point: Who determines if a candidate is disqualified under the 14th Amendment, what process of law makes that determination and who is involved? 14A is unfortunately vague on that front.
To date, everyone excluded under 14A Section 3 other than Trump has fallen under one of two groups: They've either been a public official of the Confederacy or they've been convicted in criminal court of doing something that definitely falls afoul of 14A Section 3 (including one Jan 6 participant, with the last person before that being charged under the Espionage Act about a hundred years ago). Being found guilty beyond a reasonable doubt unanimously by a jury after being given an opportunity to defend himself as well as possible is a much higher bar than has been applied to Trump.
And remember, this isn't about Trump, specifically - whatever is decided will apply going forward, and the GOP will try to wield it against any Democrat they can make a plausible case for. If the opinion of a judge that a candidate should be disqualified is all it requires, well there are plenty of right wing judges out there.