Key battleground states are exploring the legal viability of potentially disqualifying former President Donald Trump from running for president again under the 14th Amendment. The provision in question states that any official who takes an oath to uphold the Constitution and engages in insurrection or rebellion is disqualified from holding public office. However, the enforcement of this provision has rarely been applied. Election officials in New Hampshire and Michigan are studying the matter and seeking legal advice on whether Trump could be disqualified from future office.
New Hampshire Secretary of State David Scanlan, a Republican, has requested the state’s attorney general to examine the potential applicability of the provision to the upcoming election cycle. While he clarified that he is not taking a position on the disqualification question or seeking specific action, he believes it is important to study the matter in anticipation of potential lawsuits. Michigan Secretary of State Jocelyn Benson, a Democrat, also expressed her intention to consult with election officials in other key states to act collectively on constitutional challenges regarding Trump’s eligibility.
Last year, liberal activists and constitutional scholars attempted to use the 14th Amendment to disqualify lawmakers who were connected to the January 6 insurrection. Although their efforts gained limited traction, they did secure a few legal victories that may serve as precedents in challenging Trump’s ballot access in the future. Advocacy group Free Speech For People has recently sent letters to top election officials in multiple states, urging them to exclude Trump from the ballot using the Constitution’s Insurrectionist Disqualification Clause.
However, it is unlikely that any secretary of state would unilaterally take such aggressive action, and any attempt to disqualify Trump would undoubtedly be challenged in court. Protracted litigation, similar to past cases against GOP lawmakers, is more probable. Nevertheless, multiple groups have promised to file lawsuits seeking Trump’s disqualification.
While the efforts to disqualify Trump have predominantly been championed by liberal activists, some conservative legal scholars have recently endorsed the idea. The legal community continues to debate the merits of this approach.
Trump himself has consistently denied any wrongdoing regarding the January 6 insurrection. He currently faces federal and state charges related to his alleged attempts to undermine the 2020 election. Despite these legal challenges, Trump maintains a commanding lead over other contenders for the Republican primary nomination.
In summary, election officials in key battleground states are exploring the legal possibility of disqualifying Donald Trump from running for president again based on the 14th Amendment’s insurrectionist disqualification clause. While challenges and litigation are expected, the debate surrounding this issue continues within both liberal and conservative legal circles. Trump, meanwhile, continues to deny any wrongdoing and remains a frontrunner for the GOP primary nomination.
