The overlooked section of the 14th Amendment to the US constitution, which prohibits officials who have engaged in insurrection or rebellion, is sparking legal battles over Donald Trump’s potential return to office.
Resurrected Constitutional Provision
The 14th Amendment to the US constitution, originally written after the civil war to prevent former Confederates from holding office, is gaining attention for its ban on individuals who engaged in insurrection or rebellion.
Application to Donald Trump
Following the Capitol insurrection and his role in spreading election misinformation, lawsuits have been filed in 28 states arguing that this constitutional provision bars Donald Trump from seeking office again.
Legal Challenges and Judicial Responses
Multiple legal challenges have been brought, forcing judges to confront constitutional questions. While some judges have acknowledged Trump’s role in the insurrection, they have been hesitant to intervene in the 2024 election.
Continued Legal Controversy
The legal battles are ongoing, with cases being appealed to state supreme courts and the potential for more success as the general election approaches or if Trump faces conviction in ongoing criminal trials.
Reluctance of the Judiciary
Amid concerns of being accused of influencing elections, the judiciary appears reluctant to intervene, potentially leaving the ultimate decision to the Supreme Court.