Some scholars say Trump is disqualified under the 14th Amendment’s insurrection clause. Here’s how the courts might wade in.
Under a legal theory that’s gaining traction among Democrats and anti-Trump Republicans, a seldom-used clause in the 14th Amendment arguably disqualifies former President Donald Trump from ever holding office again. | Drew Angerer/Getty ImagesIf Donald Trump wants to be on the ballot next year in all 50 states, he might first have to win an unprecedented courtroom battle over the “insurrection clause” of the 14th Amendment.
The other, more politically perilous option would be for one or more states to embrace the theory outright and simply refuse to list Trump on their ballots. That might force Trump to file his own lawsuits asking courts to order his candidacy restored in those states. So far, no state has moved to bar Trump from the ballot, though secretaries of state around the nation are discussing the issue among themselves.
J. Michael Luttig, a conservative former federal judge, and Laurence Tribe, a liberal constitutional law professor, agree. “The former president’s efforts to overturn the 2020 presidential election, and the resulting attack on the U.S. Capitol, place him squarely within the ambit of the disqualification clause, and he is therefore ineligible to serve as president ever again,”Not all legal scholars agree with these interpretations of section three of the 14th Amendment.
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