‘The Original Intent of the Founders Is Very Clear’: Trump Should Be Kept off 2024 Ballot
Obama administration solicitor general makes his case
When members of the US Supreme Court interrupt their winter recess this week to hear arguments on whether Donald Trump should be allowed to run for president this year, they'll be hearing some powerful reasons to keep him off the ballot.
That’s according to a prominent attorney who served as the Obama administration’s advocate in front of the high court.
The justices Thursday will hear the case about whether Trump be excluded from the ballot because of his role in the Jan. 6, 2021, attacks on the U.S. Capitol.
Although they’ll be considering the outcome of a December ruling by the Colorado state supreme court to keep the Republican off the ballot in that state, the justices’ decision will have much more far-reaching consequences as Trump has also been barred from Maine’s presidential election and could be barred in many more states, as well.
At issue is Section 3 of the 14th Amendment, which disqualifies from holding public office anyone who has engaged in insurrection against the federal government.
Trump incited violent supporters on January 6 to attack the US Capitol Building in an attempt to prevent the lawful certification of Democrat Joe Biden as president, in an illegal attempt to hold power.
Those across the political spectrum, including a number of conservative attorneys and legal scholars, want the 14th Amendment enforced against Trump.
“Well, I think there have been phenomenal friend of the court briefs that were filed in this case. I don't think the party briefs were that good. But if you make your way through these friend-of-the-court briefs, there is a right legal answer, Jen, and it's one offered by William Bard and Michael Paulson, who are two conservative Federalist Society lawyers, and they say Trump is disqualified,” former acting solicitor general Neal Katyal said, in an on-camera appearance on MSNBC. “And yes, Trump has many defenses, but they all fail. Like Trump says he's not an insurrectionist -- yeah, right. He says the president isn't an officer under the United States Constitution, but the text says otherwise, as does the original intent. He says you need a law of Congress, but that would blow a hole through the 14th Amendment and its other clauses like equal protection. He doesn't actually have good legal arguments.
“And so hopefully, the advocates can really bring that about on Thursday and make that point clear, and can speak truth to power and say, ‘Look, you're a Supreme Court, you've talked all about the original intent of the founders,’” Katyal added. “Here the original intent of the founders is very clear, someone like Donald Trump has no business running for office in our constitutional democracy.”
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