The 14th Amendment to the Constitution bans anyone who “engaged in insurrection or rebellion against” the U.S. from holding office.

A Florida lawyer is suing Donald Trump in an attempt to disqualify his current run for president. Lawrence A. Caplan’s Thursday lawsuit claims that the ex-president’s involvement in the Jan. 6 Capitol riot would make him ineligible to run again, thanks to the Constitution’s 14th Amendment—a Civil War-era addition aimed at preventing those who “engaged in insurrection or rebellion against” the U.S. from holding office. “Now given that the facts seem to be crystal clear that Trump was involved to some extent in the insurrection that took place on January 6th, the sole remaining question is whether American jurists who swear an oath to uphold the U.S. Constitution upon their entry to the bench, will choose to follow the letter of the Constitution in this case,” the lawsuit says, also citing Trump’s alleged efforts to overturn the 2020 election results in Georgia. Legal experts say it’s an uphill battle to argue in court, since the amendment has hardly been exercised in modern history. “Realistically, it’s not a Hail Mary, but it’s just tossing the ball up and hoping it lands in the right place,” Charles Zelden, a professor of history and legal studies at Nova Southeastern University, told the South Florida Sun Sentinel.

archive link to South Florida Sun Sentinel article: https://archive.ph/1BntD

    • @TransplantedSconie@lemm.ee
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      3311 months ago

      I would think anyone who is an American citizen has standing to do this. The overturning of a fair election and the destruction of the peaceful transfer of power has horrible consequences for us all.

        • catreadingabook
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          2511 months ago

          I’m not a lawyer (yet) as I haven’t taken the bar exam, but I remember learning this in law school.

          I can’t find the original court filing that all these news articles are reporting, but presumably, this is a special kind of suit seeking a “declaratory judgment” - a suit asking the court to prevent a harm before it happens.

          Cornell Law School discusses it in a somewhat lengthy read but put “simply”, for standing in this kind of case, the court would want to see:

          a concrete controversy (as opposed to a hypothetical one, e.g. you can’t seek a declaratory judgment “in case my neighbor decides to hit me”),

          between adverse parties (some random citizen can’t sue you for breaking a promise you made to your grandma),

          that is ripe (where enough has already happened that a decision right now wouldn’t require much speculation),

          not moot (has to be able to affect the current case, for example, declaratory judgment isn’t appropriate to determine “should he have done that?”), and

          the court’s decision is needed to prevent imminent harm (has to be relatively certain that a party would be adversely affected if the court doesn’t prevent it from happening).

          Here there could be issues of ripeness: the court might not want to act on the mere possibility that Trump will be found guilty of insurrection etc. Courts don’t like to tell people what they can and can’t do unless a real situation makes it necessary, otherwise the court would risk encroaching on powers that belong to the other branches of government.

        • tim-clark
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          1011 months ago

          That case is also an example of this working. The case in front of the Supreme Court had no standing since is was fake plaintiffs.

    • Telorand
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      1211 months ago

      Standing could be as simple as “it harms the American people to allow him to run.” The lawyer doesn’t have to be directly injured, since class action lawsuits are brought on behalf of entire groups all the time.

      Not that it’s a slam dunk reason, but I would hope and think the lawyer in question knows that they have to prove some amount of standing.

        • @halcyoncmdr@lemmy.world
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          1111 months ago

          ETA: I am still shocked you can be a felon and still run for and be president. That is something new I learned.

          Many of our laws are based on people being at bare minimum reasonable. Election laws especially are written so that the electorate can decide.

          Should a federal conviction for having marijuana plants prevent someone from running for office? Or should the citizens be able to make that decision when voting?

          The problem is that because many of our laws lack specificity some modern assholes are attempting to use those loopholes and trying to politicize absolutely everything. Combined with the fact that many people no longer have the time to properly research things on their own (assuming they even have proper critical thinking education now), a decent segment of the population no longer is getting unbiased or minimally biased factual information from “news” sources due to the repeal of laws requiring that over the decades.

        • Telorand
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          511 months ago

          Yep. Basically the 14th is the quickest path to disallowing his run. But he can get multiple life sentences for murdering a million people and still run.

      • @Im14abeer@midwest.social
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        110 months ago

        No comment on this lawyer’s standing, but class action suit’s standing, claim that the class members have been injured in the same or similar ways as the lead plaintiff. The lead plaintiff is suing for a direct injury.

    • @flossdaily@lemmy.world
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      811 months ago

      The Supreme Court, under these lunatic Republicans, have shown that standing is whatever they want it to be.

      However, there are election officials in every state, and perhaps every county, that determine which candidates are qualified to appear on a ballot. Each of them has not just the right, but the DUTY to disqualify Trump for his role in the insurrection.

    • @afraid_of_zombies@lemmy.world
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      711 months ago

      Standing doesn’t seem to be a thing anymore. In the same year we had an atheist being told that they couldn’t get upset about prayers to Jesus in a government meeting of his town that was open to the public and that a website design company can refuse to be involved in a gay marriage despite having no gay clients.

      On one side we have someone upset about an government eastablishment of a church in their local government on the other we have a hypothetical.

        • snooggums
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          911 months ago

          The reason that there isn’t a national law that codified Row v Wade is REPUBLICAN OBSTRUCTION.

          The system is set up to make it extremely difficult to pass anything, and the Republican party has enforced mandatory party unity on abortion and gun rights for the last four decades.

    • Jordan Lund
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      311 months ago

      I don’t think it will even get as far as standing.

      The difference between Trump and the other guy removed from office because of 1/6:

      https://abcnews.go.com/amp/Politics/judge-removes-local-official-engaging-jan-insurrection/story?id=89463597

      Is that that guy had actually been convicted. Hasn’t happened for Trump… yet.

      My expectation would be that because Trump’s case has not yet been adjudicated, he still has the premise of innocent until proven guilty, and until such time, he’s still qualified.

      • @BigNote@lemm.ee
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        211 months ago

        Well according to the theory of the case the 14th amendment is self-executing, so it doesn’t require that Trump be convicted. It remains to be seen how well that stands up in court however.

        • Jordan Lund
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          110 months ago

          The trick is the language of the 14th:

          Forbids anyone from holding office who “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

          What does “shall have engaged” mean? Who decides if they actually engaged or not? This is why we need a court decision, as we had in the other guy who was removed. He was convicted of conspiring to overthrow the government, he got removed from office.

          Trump and his ilk are going to argue that they were the legitimate rulers, that the rebellion was AGAINST THEM. That’s why we can’t just kick them out without a ruling.

    • @BigNote@lemm.ee
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      111 months ago

      You may be right, I am not a lawyer either, but regardless, I would be very hesitant to accept anything said about it here. Let’s just say that the “Lemmy Bar Association” doesn’t exactly have a great record with legal analysis.