Liberal groups are aiming to prevent former President Donald Trump from running for president again by citing a 2014 opinion from the late Justice Antonin Scalia.
They argue that the 14th Amendment’s “insurrectionist ban” applies to former presidents, countering Trump’s claim that the ban doesn’t apply to him as he is not an “officer” of the United States.
The case, which will determine Trump’s eligibility, is significant given the conservative majority in the Supreme Court.
Trump’s opponents are leveraging Scalia’s opinion to counter his arguments, while some conservatives, including Justice Neil Gorsuch, have also been referenced in the discussions.
Notre Dame Law School Professor Derek Muller, said, “Invoking Scalia is kind of an attempt to cite some moral authority for one of the court’s great originalists.”
“They’re not just citing anyone,” he continued.
Joshua Blackman, a professor at the South Texas College of Law Houston, said, “Part of the problem with this case is people are litigating this issue in blogs and law review articles that are unreviewed.”
“Some of these arguments have substantial problems,” he continued.
Justice Samuel Alito, said, “That sounds like a very weak right if … it’s subject to limitation in that way.”
“Many times, members of the court greatly respect each other but will disagree with what they’ve had to say,” said Notre Dame’s Muller.
“But for public consumption, it certainly can be persuasive,” he concluded.
The impact of these references on the court’s decision remains uncertain.
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