An open letter to the U.S. Senate

Trump's 2024 candidacy eligibility: Applying 14th Amendment disqualification clause?

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The 14th Amendment disqualifies individuals who have "engaged in insurrection or rebellion" against the United States from holding federal office. Given Trump's efforts to overturn the 2020 election results, which culminated in the January 6th Capitol riots aimed at disrupting the peaceful transfer of power, and given the fact that Smith concluded he would have been convicted if not for the fact he won the Presidency, there are legal arguments that he may be constitutionally ineligible to run for president again in 2024. The rulings in Colorado and Maine barring Trump from their state primary ballots, while being appealed, establish precedents for applying the 14th Amendment's disqualification clause. With Trump's indictments also alleging election subversion, the legal theory that he engaged in an insurrectionist effort to retain power after losing re-election has gained traction across the political spectrum. Ultimately, the Supreme Court is positioned to issue a decisive ruling on whether the 14th Amendment prohibits Trump's candidacy.

▶ Created on January 14 by Doctors for women's rights

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