Florida federal lawsuit filed by Lawrence Caplan (South Florida resident) to attempt to have PDJT removed and disqualified from 2024 Presidential ballot in Florida under the 14 Amendment of the U.S. Constitution.
https://www.sun-sentinel.com/2023/08/25/trump-ineligible-for-presidency-because-of-his-role-in-insurrection-lawsuit-says/
Quick research:
-
No Precedent, Arguments Both Sides, so Can't Predict Outcome
https://cbsaustin.com/news/nation-world/fact-check-team-legal-experts-debate-whether-the-14th-amendment-disqualifies-trump-from-return-to-presidency-disqualification-clause-section-3-officer-of-the-us-indictments-2020-election-jack-smith-classified-documents-insurrection-rebe
-
Applying What We Do Have, No Disqualification Likely:
“Why Twisting The 14th Amendment To Get Trump Won’t Hold Up In Court” (on due process grounds, confusion between state and federal power on this issue, and Constitutional crisis scenarios, among other things)
https://electionlawblog.org/?p=138411
-
Mixed Results in Similar Efforts:
"…Rep. Marjorie Taylor Greene (R-Ga.) … an administrative law judge ruling that “the evidence [Greene engaged in the insurrection] is lacking….”
“Rep. Madison Cawthorn (R-N.C.) …ultimately mooted by Cawthorn losing his primary race, but … federal appeals court [ruled] candidates can be disqualified under the 14th Amendment, despite a 19th century-era law that was passed to ensure ex-Confederates could still hold office.
“Couy Griffin, a local commissioner in New Mexico, was …removed from office and barred from holding office again because of his role in the January 6 riot,marking the first time the 14th Amendment had been used to remove someone since 1869."
https://www.forbes.com/sites/alisondurkee/2023/08/22/can-trump-be-disqualified-from-the-presidency-why-even-conservative-legal-experts-are-in-favor-of-it/?sh=16f9bab939fb
-
Bloomberg OpEd Reluctantly Concedes, No Disqualification:
"The takeaway is that the scholars’ article helps show what’s wrong with originalism, in both theory and practice. Donald Trump is manifestly unfit to be president. Butit’s up to voters to block him. Magic words from the past won’t save us."
https://www.bloomberg.com/opinion/articles/2023-08-20/14th-amendment-doesn-t-bar-trump-from-presidency-alas?sref=LfZwdw4Z#xj4y7vzkg
Anon: There is a strong push in media with dozens of articles already published citing why it "has" to happen to this "insurrectionist," DJT, so if it can be challenged in time for the Supreme Court to issue an edict against removal before the 2024 election, it would prevent blue States from simply remove him – in a manifest "interference with election" way thereby creating, to put it mildly, a mess.
=
OVERVIEW:
"Key Facts
"Section three of the 14th Amendment, enacted in the aftermath of the Civil War, states no person shall “hold any [state or federal] office” if they’ve previously taken an oath of office and then “engaged in insurrection or rebellion against the [U.S.], or given aid or comfort to the enemies thereof.”
"Conservative legal scholars William Baude and Michael Stokes Paulson, …Northwestern University law professor Steven Calabrisi, a founder of the conservative Federalist Society,…conservative legal scholar J. Michael Luttig and left-leaning Laurence Tribe all agree, essentially, that “No person who sought to overthrow our Constitution and thereafter declared that it should be ‘terminated’ and that he be immediately returned to the presidency can in good faith take the oath” required of presidents and/or he is Constitutionally disqualified as an “insurrectionist.”
"[OTOH] Stanford Law professor Michael McConnell wrote …letting secretaries of state disqualify political opponents from the ballot would be “profoundly anti-democratic” and he doesn’t believe January 6 rises to the level of an insurrection, warning disqualifying Trump “could empower partisans to seek disqualification every time a politician supports or speaks in support of the objectives of a political riot.”
"Harvard University law professor Noah Feldman also opposed the 14th Amendment strategy in a Bloomberg op-ed, noting a 1869 circuit court ruling held section three of the amendment could only go into effect if Congress passed legislation directing it to be implemented (which Baude and Paulson’s piece argues should be overturned). [see, https://www.washingtonpost.com/business/2023/08/20/14th-amendment-doesn-t-bar-trump-from-presidency-alas/b36a93e8-3f54-11ee-9677-53cc50eb3f77_story.html]
https://www.forbes.com/sites/alisondurkee/2023/08/22/can-trump-be-disqualified-from-the-presidency-why-even-conservative-legal-experts-are-in-favor-of-it/?sh=16f9bab939fb