Donald Trump is facing every legal challenge imaginable as he attempts to run for re-election.
The Supreme Court will be the final battleground for these cases.
And the Supreme Court threw Trump a 2024 curveball that no one saw coming.
As Donald Trump gained momentum in the polls his opponents on the left and in the Never Trump movement concocted a new brand of lawfare to deny him a second term.
Trump’s opponents decided that Trump couldn’t win the election if no one could vote for him.
That’s why anti-Trump legal scholars devised a scheme to ban Trump’s name from the ballot over the events of January 6 claiming Section 3 of the 14th Amendment disqualified Trump due to its prohibition on anyone who engaged in insurrection or rebellion against the United States from holding office.
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof,” Section 3 of the 14th Amendment states.
Fringe GOP presidential candidate John Castro filed a lawsuit asking the court to remove Trump’s name from the ballot.
A lower court rejected the suit on the grounds that Castro lacked standing.
Castro attempted to address that matter in his appeal to the Supreme Court.
“A primary candidate has judicial standing to bring a claim challenging the eligibility of a fellow primary candidate for competitive injury in the form of a diminution of votes and/or fundraising if the primary candidate believes that the fellow primary candidate is ineligible to hold public office and to prevent actions irreconcilable with the U.S. Constitution,” Castro’s legal filing read.
But the Supreme Court rejected Castro’s appeal.
The idea that the 14th Amendment bans Trump from running for office was always legally preposterous.
Congress crafted the 14th Amendment with a very specific definition of insurrection and rebellion in mind as it pertained to the Civil War.
And even the weaponized Biden Justice Department never charged Trump with inciting an insurrection.
In fact, University of California at Berkeley Law Professor John Yoo explained that there was exactly one legal proceeding where Donald Trump faced charges of fomenting an insurrection – the Senate impeachment trial following the events of January 6.
The Senate acquitted Trump on those charges which Yoo said settled the matter.
“The Senate’s acquittal is the only official finding by a federal or state institution on the question of whether Trump committed insurrection. The failure of the special counsel to charge insurrection and the Senate to convict in the second impeachment highlights a serious flaw in the academic theory of disqualification,” Yoo stated.
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