Donald Trump is officially registered to run for president if he wins the Republican nomination. This has been confirmed by several states, including Michigan, Texas, and Florida. In these states, challenges to Trump’s eligibility have been thrown out or not filed at all. In other states, however, the former president is having difficulties.
Former U.S. President Donald Trump is facing challenges in some states
Section 3 of the 14th Amendment is being used as a lens to look at Donald Trump’s eligibility for the 2024 presidential ballot in a number of court cases across the United States. This part of the Constitution says that people can’t be president if they have been involved in an uprising or rebellion against the United States. This makes Trump’s campaign less certain.
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U.S. Supreme Court yet to decide on the matter
The problems have happened in several states, and the results have been different each time. Notably, Trump has already been disqualified by the Colorado State Supreme Court for his role in the January 6th attack on the Capitol. This decision is now being reviewed by the U.S. Supreme Court.
Top Michigan Democrat seeks answers from the U.S. Supreme Court as soon as possible
Michigan Secretary of State Jocelyn Benson (D) emphasized the importance of knowing whether former President Trump can run for office again.
“[W]e need clarity,” Benson said in an interview on MSNBC’s “The Weekend.” “I mean, you can’t have a scenario in which voters are uncertain, or a political party is uncertain or election administrators are uncertain as to who should be on the ballot.”
Benson recently submitted an argument to the Supreme Court concerning Trump’s ability to run for president. She argued it’s crucial for the Supreme Court to decide if Trump is allowed to be president again and whether states can remove him from election ballots based on that decision.
“These questions must be fully answered now because election officials, like the Secretary, need to know whether the former President is eligible to appear on the ballot as a candidate, and voters deserve to know whether he is eligible to hold the office of President before casting their votes,” Benson’s brief read.
U.S. Supreme Court appeared hesitant to go ahead with blocking Trump from appearing on the ballot
During a discussion at the Supreme Court last week, the justices seemed reluctant to prevent Trump from being on the ballot. They appeared to lean towards Trump’s argument that states shouldn’t have the power to remove federal candidates from ballots. Questions were raised about whether the 14th Amendment’s Insurrection Clause could be used against a presidential candidate.
“What’s a state doing deciding who other citizens get to vote for president?” Justice Elena Kagan asked.
Chief Justice John Roberts pointed out the potential risk of other states trying to disqualify Democratic candidates if the court decides against Trump, highlighting the significant implications of such a decision.
The Civil War-era provision prevents individuals who served as an “officer of the United States” and then engaged in insurrection from holding federal office, unless Congress votes to lift their disqualification.