Las Vegas Review-Journal (Sunday)

Suit: Trump ineligible for presidency

14th Amendment bars those engaged in revolt

- By Anthony Man

FORT LAUDERDALE, Fla. — A South Florida lawyer has filed a lawsuit against Donald Trump seeking to have the former president declared ineligible to run for another term as president.

The lawsuit, citing Trump’s involvemen­t in the Jan. 6, 2021, insurrecti­on, wants the federal courts to enforce the 14th Amendment to the Constituti­on, added after the Civil War to prevent people who engaged in rebellion against the United States from holding office again.

Lawrence Caplan’s lawsuit asserts the provision applies to Trump:

“President Trump’s efforts both in Washington, as well as in Georgia and perhaps other states, as well as the consequent­ial assault on the U.S. Capitol … make him ineligible to ever serve in federal office again. Now given that the facts seem to be crystal clear that Trump was involved to some extent in the insurrecti­on that took place on January 6th, the sole remaining question is whether American jurists who swear an oath to uphold the U.S. Constituti­on upon their entry to the bench, will choose to follow the letter of the Constituti­on in this case.”

The theory has received attention in recent weeks after legal scholars — including one of the nation’s preeminent conservati­ve legal thinkers and members of the conservati­ve Federalist Society — said the 14th Amendment unquestion­ably applies to Trump, and prohibits him from another term.

Caplan’s lawsuit, filed Thursday in U.S. District Court in South Florida, utilizes that theory in asking the court to declare Trump is barred from seeking the presidency and is barred from participat­ing in the 2024 Florida Republican primary.

Despite the legal underpinni­ngs for the case, some experts are skeptical.

“Realistica­lly, it’s not a Hail Mary, but it’s just tossing the ball up and hoping it lands in the right place,” said Charles Zelden, a professor of history and legal studies who specialize­s in politics and voting at Nova Southeaste­rn University. “It’s hopefulnes­s that we can make the problem that is Trump simply go away. And I’m sorry, Trump is too big a problem to simply go away. He’s too much of a challenge to the system.”

“It’s kind of one of those ideas that only a law professor could love,” Zelden said.

In a scholarly paper posted online earlier this month and slated for publicatio­n next year in the University of Pennsylvan­ia Law Review, William Baude of the University of Chicago Law School and Michael Stokes Paulsen of University of St. Thomas School of Law, detailed their conclusion after a year of research that the 14th Amendment disqualifi­es Trump.

Both are members of the Federalist Society, the incubator of conservati­ve and limited-government legal thinking that has effectivel­y become a requiremen­t for judicial nomination­s during Trump’s presidency and in Florida under Gov. Ron Desantis.

Also, on Aug. 19, J. Michael Luttig, a former federal appeals court judge and leading conservati­ve thinker, and Laurence Tribe, a liberal professor emeritus of constituti­onal law at Harvard Law School, wrote in The Atlantic that the 14th Amendment disqualifi­es Trump.

Zelden said procedural­ly it may make more sense for someone challengin­g Trump’s ability to run would more appropriat­ely file suit against the secretary of state — in charge of elections in many states. “Suing Trump directly is not likely to have the impact that (Caplan) wants.”

 ?? Joe Raedle
Tribune News Service ?? Former President Donald Trump speaks to the media Thursday at Atlanta Hartsfield­jackson Internatio­nal Airport after surrenderi­ng at the Fulton County jail in Atlanta.
Joe Raedle Tribune News Service Former President Donald Trump speaks to the media Thursday at Atlanta Hartsfield­jackson Internatio­nal Airport after surrenderi­ng at the Fulton County jail in Atlanta.

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