Former President Trump’s legal team has filed a petition with the Supreme Court to overturn a decision by the Colorado Supreme Court that disqualified him from running for president under Section 3 of the 14th Amendment.
The petition argues that the section only prohibits individuals from holding office, not from running or being elected, and that Congress can remove the disqualification at any time.
The argument is considered legally weak but is likely politically strategic. (Trending: Sports Icon Dies Suddenly At 56)
The final decision on Trump’s qualifications may ultimately rest with Congress, and the outcome may depend on the political makeup of the House and Senate.
“Section 3 of the Fourteenth Amendment prohibits individuals only from holding office,” the petition states.
“It does not prevent anyone from running for office, or from being elected to office, because Congress can remove a section 3 disqualification at any time—and Congress can remove that disability after a candidate is elected but before his term begins.”
“Forcing President Trump to prove that he is not disqualified before appearing on the ballot effectively adds a new, extra-constitutional requirement to running for office,” it adds.
“It requires that a president be ‘qualified’ under section 3 not only on the dates that he holds office, but also on the dates of the primary and general elections — and on whatever date a court renders judgment on his eligibility for the ballot.”
Despite the legal flimsiness of the claim, it could be a politically astute move, banking on potential Republican support in Congress.
The case’s outcome is uncertain, and the strategy to return Trump to the ballot seems unlikely to gain much support.
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