California’s lieutenant governor sent a letter to the state’s secretary of state on Wednesday asking her to explore "every legal option" to remove former President Don...
To be honest, I just don’t see how he can be disqualified without a conviction. Among others, it requires state courts to rule on out-of-state conduct. For instance, in the (admittedly unlikely) event that the jan 6th charges against T are dismissed, should he be allowed back on the ballot?
The question you are trying to get at is whether or not section 3 is self-executing. The answer is that it’s not a settled matter.
The consensus right now, as far as I can tell based on my media consumption, is that the SCOTUS will overturn the Colorado decision. The real question is how they will decide to do so.
To be honest, I just don’t see how he can be disqualified without a conviction. Among others, it requires state courts to rule on out-of-state conduct. For instance, in the (admittedly unlikely) event that the jan 6th charges against T are dismissed, should he be allowed back on the ballot?
Section 3 of the Fourteenth Amendment does not expressly require a criminal conviction, and historically, one was not necessary.
Does Arnold Schwarzenegger need to be convicted of having been born in Europe?
That’s a bit of apples to oranges. Nobody contests the fact that Schwarzenegger is born in Europe, while Trump’s case is literally pending in court.
The question you are trying to get at is whether or not section 3 is self-executing. The answer is that it’s not a settled matter.
The consensus right now, as far as I can tell based on my media consumption, is that the SCOTUS will overturn the Colorado decision. The real question is how they will decide to do so.