A former federal judge, Michael Luttig, indicated that the U.S. Supreme Court will soon determine whether former President Donald Trump is eligible to run for the presidency in 2024.
What Happened: Luttig predicted that the Supreme Court will pass judgment on Trump’s eligibility “sooner rather than later, and most likely before the first primaries.”
Certain legal authorities assert that Trump could be barred from running under section 3 of the 14th Amendment. This clause prohibits anyone from holding federal office if they have pledged support to the constitution and subsequently engaged in an insurrection or rebellion against it.
Luttig, alongside other conservative scholars, suggests that Trump’s actions on Jan. 6 and his attempts to reverse the 2020 election results could disqualify him from running for the presidency.
However, some scholars are in doubt whether Trump’s conduct equates to insurrection. The enforcement mechanism for this provision remains unclear, with state secretaries currently studying how the process may unfold.
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“This is one of the most fundamental questions that could ever be decided under our constitution,” Luttig said during an appearance on MSNBC’s Velshi.
“And it will be decided by the Supreme Court of the United States sooner rather than later, and most likely before the first primaries.”
Why It Matters: The 14th Amendment’s insurrection clause, which was crafted post-Civil War and included in the Constitution since 1868, is currently a topic of heated debate due to its potential implications for Trump’s political future. Rep. Adam Schiff (D-Calif.) contends that Trump's disqualification from public office aligns with the provisions. Schiff asserted It s, "It's a disqualification from holding office again, and it fits Trump to a T."
Contrarily, Trump’s allies have denounced these claims these claims as an “absurd conspiracy theory.” They refute the arguments by top Democrats like Schiff and Sen. Tim Kaine (D-Va.) that the 14th Amendment’s insurrection clause could exclude Trump from the 2024 presidential ballot.
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