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Trump Should Not Be Disqualified by an Ambiguous Clause

Threats To Democracy,Donald Trump,Democracy,Colorado,Maine,14th Amendment,2024 Presidential Election,Democratic Party

From the Left
Opinion

Challenges to disqualify Donald Trump from the office of president under Section 3 of the 14th Amendment are popping up all over the country. On Thursday the secretary of state of Maine ruled that Mr. Trump would be ineligible for the state’s primary ballot, a decision that can be appealed to the state’s Supreme Court. On Wednesday the Michigan Supreme Court ruled narrowly that the state will allow Mr. Trump to stay on the primary ballot but left open a potential future challenge to his inclusion on a general-election ballot.

But so far only one — the Colorado Supreme Court’s ruling that bars Mr. Trump from the primary ballot — has reached the doorstep of the U.S. Supreme Court.

The Supreme Court should take the case and reverse the Colorado Supreme Court ruling and do so for the very reason cited by the Colorado judges. According to the Colorado court (quoting an earlier, unrelated case), Section 3 should be interpreted “in light of the objective sought to be achieved and the mischief to be avoided.”

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