As former President Donald Trump dominates the Republican presidential primary, some liberal groups and legal experts contend that a rarely used clause of the Constitution prevents him from being president after the Jan. 6, 2021, attack on the U.S. Capitol.

The 14th Amendment bars from office anyone who once took an oath to uphold the Constitution but then “engaged” in “insurrection or rebellion” against it. A growing number of legal scholars say the post-Civil War clause applies to Trump after his role in trying to overturn the 2020 presidential election and encouraging his backers to storm the U.S. Capitol.

Two liberal nonprofits pledge court challenges should states’ election officers place Trump on the ballot despite those objections.

The effort is likely to trigger a chain of lawsuits and appeals across several states that ultimately would lead to the U.S. Supreme Court, possibly in the midst of the 2024 primary season. The matter adds even more potential legal chaos to a nomination process already roiled by the front-runner facing four criminal trials.

  • @morphballganon@mtgzone.com
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    510 months ago

    You are implying that a different republican nominee could possibly do better than Trump. Do you think DeSantis, Pence, Ramaswamy or whoever could do better than Trump in the general election? Really?

    • @Hazdaz@lemmy.world
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      210 months ago

      They are all awful pieces of garbage, but from a general population (not just Republicans), all of them would do better than Trump. Zero doubt about that. The fact that they are “somebody different” or “not as old as Joe” would gain those people votes.

      • @morphballganon@mtgzone.com
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        310 months ago

        Pence was Trump’s pathetic bootlicker for 99% of his presidency. DeSantis is a whiny quitter, denying his people federal aid when offered. Ramaswamy is just copying Trump’s bs rhetoric (and many republicans are racist).

        You are assuming that Trump voters are rational.

    • AFK BRB Chocolate
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      210 months ago

      Maybe? Republicans are generally going to vote for whomever gets the Republican nomination, but Trump is so over the top that some moderate Republicans just can’t swallow voting for him. He’s defending himself against multiple felony indictments, and not everyone is able to brush that off. They may not love someone like Pence, but that may not be different from the number of Democrats who think Biden is too old but will vote for him because he’s the Democrat running.