Legal Battle Over Trump’s Eligibility for Presidency Reaches Supreme Court
Hearings begin this week in two states on lawsuits that could potentially reach the U.S. Supreme Court. The lawsuits aim to use the U.S. Constitution’s insurrection clause to bar former president Donald Trump from running for the White House again. A weeklong hearing on one of the lawsuits in Colorado begins today, while oral arguments are scheduled before the Minnesota Supreme Court on Thursday.
The rulings in these cases are expected to be appealed, ultimately reaching the U.S. Supreme Court. The highest court in the nation has never ruled on the 14th Amendment provision that prohibits individuals who engaged in insurrection from holding higher office after swearing an oath to uphold the Constitution.
While these cases may be seen as long shots, legal experts believe they raise important issues and have a plausible legal path to success. The lawsuits argue that Trump’s efforts to overturn the 2020 election results, which culminated in the Capitol attack on January 6, 2021, disqualify him from the presidency.
Trump’s lawyers, on the other hand, argue that the issues at hand are not simple, as the 14th Amendment provision has not been used in 150 years. They contend that the provision does not apply to the Office of the President since it is not specifically mentioned in the text.
Furthermore, Trump’s legal team argues that he never engaged in insurrection and was merely exercising his right to free speech by expressing his concerns about the legitimacy of the election results. They point to previous cases where the provision was not applied to individuals who rhetorically supported the Confederacy.
The hearings in Colorado could potentially include testimony from witnesses to the January 6 attack or other significant events during Trump’s efforts to overturn the election. The identities of these witnesses have been kept confidential to ensure their safety.
There is limited legal precedent on this issue, with only one other instance of the provision being cited during World War I. However, last year, the provision was successfully used to bar the head of Cowboys for Trump from a county commission seat in New Mexico. Lawsuits were also filed to prevent Republican House members Marjorie Taylor-Greene and Madison Cawthorn from running for re-election, but the outcome of those cases varied.
As these legal battles unfold, the question of whether Trump will be eligible to run for president again remains uncertain. The decisions made by the state and federal courts will shape the future of his political career and have significant implications for the interpretation of the 14th Amendment.
