Despite — or perhaps partly because of — the many lawsuits he faces, Donald Trump is holding his head high in the race for the Republican nomination. Next year’s elections are likely to be a repeat of the 2020 battle between Trump and Joe Biden. Isn’t it?

A growing group of lawyers and politicians say Trump can no longer run for office based on the 14th Amendment to the US Constitution.

A clause in the amendment states that anyone who “participates in an insurrection or insurrection” after taking an oath to defend the constitution can no longer hold public office. This provision was written after the American Civil War and was intended to prevent ex-officers from Southern states from ending up in Congress.

Two conservative law professors, William Pott and Michael Stokes Paulsen, argue that University of Pennsylvania Law Review Trump should no longer be president because of his role in the Capitol storm and his attempt to reverse the election results.

Attack on the Capitol

Former conservative judge J. Michael Luttig and Lawrence Tribe, a liberal constitutional law professor, joined in a recent article. Atlantic For that view. “The former president’s efforts to subvert the 2020 presidential election and the resulting attack on the U.S. Capitol place him squarely within the scope of the disqualification clause.”

This clause has not been used against a presidential candidate before. If it is enforced by a state or court, Trump’s eligibility will be challenged to the Supreme Court.

Democratic congressmen Adam Schiff and Tim Kaine said this weekend that Trump could be disqualified under the amendment.

However, other prominent advocates believe the text does not apply to Trump. Michael McConnell, a law professor at Stanford University, argued that terms such as “insurrection and insurrection” refer only to the most extreme rebellions against the government, such as civil war, and therefore do not apply to Trump.

Unsubstantiated claim

The Trump camp sees the debate surrounding the split as further evidence that Democrats want to unfairly sideline the former president. “This is a ploy by far-left communists and fascists to steal the election again,” Trump wrote on the social media site Truth on Monday, referring to the baseless claim that he actually won the 2020 election.

The first steps to get Trump off the ballot have already been taken. In New Hampshire, a Republican candidate is suing to disqualify Trump from the state. The Liberal Action Group has written to nine states asking them to implement freedom of speech for people individually.

Some Secretaries of State have already indicated that they are considering it. Michigan Secretary of State Jocelyn Benson said she plans to discuss how to address the issue with her colleagues.

More polarized than ever

However, there are risks involved in implementing the rule. In an opinion piece, the editor-in-chief The Wall Street Journal It will damage American democracy, at a time when American society is already more polarized than ever. Also, it could increase Trump’s chances of winning the election.

You’d think Donald Trump’s opponents would have learned something. Since 2016, they have contested the ballot box with the former president and won every time. But when they use lawsuits, indictments, or false conspiracy claims, they strengthen Trump.

Tom Kieft is the Foreign Affairs Coordinator at Head Parole and writes about developments in Ukraine, the EU and the US.