Politico: “There are two ways the theory might be tested. One strategy is for politicians, advocacy groups or even ordinary voters to file lawsuits seeking judicial declarations that Trump is ineligible to run. This strategy is already in its infant stages, with two obscure plaintiffs filing lawsuits in New Hampshire and Florida in recent days.”
“The other, more politically perilous option would be for one or more states to embrace the theory outright and simply refuse to list Trump on their ballots. That might force Trump to file his own lawsuits asking courts to order his candidacy restored in those states. So far, no state has moved to bar Trump from the ballot, though secretaries of state around the nation are discussing the issue among themselves.”
“Either scenario could thrust the courts, and likely the Supreme Court, into an unsettled debate over the meaning of the insurrection clause, a long-winded 110-word provision that was ratified in 1868 and has rarely been interpreted — or even invoked — since then.”
Steven Calbresi: “Section Three of the Fourteenth Amendment bans anyone from holding any federal office who has taken an oath to uphold the Constitution and who then breaks that oath by engaging in ‘insurrection or rebellion against the same.’ Donald J. Trump is precisely such a person.”
