Virginia Democratic Sen. Tim Kaine said Sunday “there’s a powerful argument to be made” for barring Donald Trump from the presidential ballot based on the 14th Amendment’s ban on insurrectionists holding public office.
“My sense is it’s probably going to get resolved in the courts,” Kaine said on “ABC This Week,” adding that Democrats’ focus should be on winning in 2024.
Legal experts have pointed to the 14th Amendment as a potential long-shot avenue to keep Trump from becoming president. The amendment includes a post-Civil War “disqualification clause” that bars anyone from holding public office if they “have engaged in insurrection or rebellion.” The Constitution does not, however, spell out how to enforce this ban and it has only been applied twice since the late 1800s, when it was used extensively against former Confederates.
Election officials in battleground states, including attorneys general in Michigan and New Hampshire, have said they’re anticipating outside groups to file lawsuits on the matter, and are studying the legality of the provision and how it may disqualify Trump from appearing on ballots in their states.
Liberal activists have championed the 14th Amendment’s disqualification clause and have already vowed to file suits to disqualify the former president, a tactic they have used against other elected officials to little success – though some prominent conservative legal scholars have recently endorsed the idea
