THE UNDERAPPRECIATED THREAT TO TRUMP'S REPUBLICAN NOMINATION
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On November 2, the Minnesota Supreme Court will hear arguments in a constitutional challenge to former President Donald Trump's eligibility to again serve as president. The court will work quickly with a potential appeal directly to the U.S. Supreme Court. It is possible the question of Donald Trump's disqualification from the presidency could arrive at the U.S. Supreme Court by the end of this year or perhaps very early next year.
The Fourteenth Amendment of the U.S. Constitution disqualifies from future office former officials who took an oath to uphold the Constitution but then engaged in insurrection or rebellion against the Constitution. Trump's opponents contend that his actions to block the transfer of presidential power, including actions involving the January 6, 2021 riot and attacks on the U.S. Capitol, trigger the disqualification provision. Trump's supporters contend the Fourteenth Amendment prohibition does not apply to him and that its enforcement against Trump would undermine the right of voters to select the president in our democracy.
The case to disqualify Donald Trump from the presidency is not frivolous. Academic opinion is far from unanimous, but several very prominent legal scholars and professionals believe that Trump is indeed disqualified under the Fourteenth Amendment.
If Trump is disqualified by the courts from holding the office, the implications for the 2024 election are massive. Of course, the policy impacts could be dramatic as the nation responds to major geopolitical, fiscal, and technological challenges.
Glenchur and Taylor highlighted the merits of Donald Trump's legal risk, the timing for key court rulings, and the potential impact on the upcoming elections for the White House and congressional races as well as the policy impact - and discussed possible alternatives at the top of both the Republican and Democratic tickets if the Supreme Court shakes the foundation of the current and conventional political outlook heading in 2024.
