Many experts are stating that GOP candidate Donald Trump would likely be rejected from 2024 ballots due to the Fourteenth Amendment’s “Insurrection Clause” if legally charged.
Law professor James Gardner stated that “”Until recently, nobody would have said that there was even a real chance of a sort of rebellion or insurrection against the United States of the kinds the amendment would deal with.”
“Now is certainly the most important context to which the provision is relevant since the 1870s,” he added. (Trending: Chilling Update On Biden Bribery Scheme)
The clause reads:
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an office of the United States, or as a member of any State legislature, or as an executive or judicial office of any State, to support the Constitution of the United States, shall have engage in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Other experts, however, believe that it would be an incredibly far stretch to connect Trump to the January 6th riot at the Capitol to the point of pulling him from ballots.
If brought to the legal system, the case would likely end up with the Supreme Court, at which point most assume that SCOTUS would move to keep Trump on the ballot.
“I think that the situation that would be most fraught is if the state courts in New York and California throw him off, but the state courts in Alabama and Georgia keep him on,” Gardner stated.
“So, then you’d have a disagreement among perfectly well-authorized judicial systems…It needs to be decided by the Supreme Court for everybody.”
A judge in Colorado has refused to dismiss a lawsuit aimed at blocking former President Donald Trump from appearing on the state’s 2024 presidential ballot.
The lawsuit claims that Trump’s involvement in the Capitol incursion amounts to “insurrection,” violating the 14th Amendment. (Trending: Biden Completely Botches Iconic American Quote)
The judge blocked attempts to dismiss the case and stated that the issue should be decided at trial.
Judge Hands Trump Loss: Refuses to Dismiss Lawsuit to Block Him from Colorado Ballot, Setting Up Unprecedented Trial https://t.co/YG8raAmGcH pic.twitter.com/XFe2ppP54P
— Home Defense Gun (@HomeDefenseGun) October 23, 2023
The Trump campaign criticized the ruling and expressed confidence in its reversal.
Colorado District Judge Sarah Wallace issued a 24-page ruling that said the issue of whether Colorado Secretary of State Jena Griswold has the power to remove Trump’s name from the ballot “is a pivotal issue and one best reserved for trial.”
“If the Party, without any oversight, can choose its preferred candidate, then it could theoretically nominate anyone regardless of their age, citizenship, residency,” Wallace wrote.
“Such an interpretation is absurd; the Constitution and its requirements for eligibility are not suggestions, left to the political parties to determine at their sole discretion,” she continued.
The Trump campaign criticized the ruling by saying, “She is going against the clear weight of legal authority. We are confident the rule of law will prevail, and this decision will be reversed – whether at the Colorado Supreme Court, or at the U.S. Supreme Court.”
“To keep the leading candidate for President of the United States off the ballot is simply wrong and un-American.”
Trump still needs to win the Republican nomination, but polls show him with a significant lead.
The case will proceed to trial on Oct. 30. The Supreme Court has already declined a separate case seeking to disqualify Trump from running for president.
