The 'Plain Language' Path for the Court to Rule, for Now, on Trump's Disqualification
"But rejecting the clear language of the 14th Amendment to say that it bars Trump from running for the office, is to fall prey to the very criticism levelled at some justices: deciding a case based on feelings and politics, rather than law," according to Rory Little, a professor at The University of California College of the Law, San Francisco.
January 18, 2024 at 05:25 PM
9 minute read
CommentaryThe original version of this story was published on The Recorder
There is a plain language, if unsatisfying, path for the U.S. Supreme Court to avoid the politically explosive constitutional issues surrounding Donald Trump's current campaign for the presidency. Unfortunately, the path described below will not be satisfying to people who vehemently oppose Trump, and I count myself among that number. But "constitutional avoidance" is a wise doctrine based on not deciding constitutional cases unless a solid case or controversy demands it. Because the constitutional text of Section 3 of the Fourteenth Amendment only blocks people from "holding" a federal office, and not from running for it, and because something unexpected may happen between now and Nov. 5, the court should, briefly and unanimously, reverse and remand the Colorado Supreme Court decision currently set for argument on Feb. 8.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3The 'Biden Effect' on Senior Attorneys: Should I Stay or Should I Go?
- 4'That's Disappointing': Only 11% of MDL Appointments Went to Attorneys of Color in 2023
- 5'You Are Not Alone': 120 Sex Assault Victims Plan to Sue Sean 'Diddy' Combs
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250