On December 30, 2023, legal analyst Glenn Kirschner, as reported by Newsweek, issued a resounding declaration, branding it “inconceivable” for the Supreme Court to sanction former President Donald Trump’s potential return to the White House amidst endeavors to disqualify him from state ballots.
As Trump emerges as the leading contender for the 2024 GOP presidential nomination, the political arena is ensnared in legal entanglements. Recent speculative general election polls depict a close contest between Trump and President Joe Biden, underscoring the enduring appeal of the former president among Republican voters.
Nevertheless, Trump’s political aspirations suffered a significant setback when both the Colorado Supreme Court and Maine’s secretary of state declared him ineligible to appear on their respective ballots. These rulings hinged on accusations of Trump’s role in orchestrating the Capitol riot on January 6, 2021, invoking the 14th Amendment and its clause prohibiting individuals engaged in insurrection against the U.S. government from holding elected office.
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While these verdicts are poised for appeals and further legal scrutiny, they mark a pivotal step in broader endeavors to thwart Trump’s potential return to the presidency.
Glenn Kirschner, a former assistant U.S. attorney and prominent legal commentator, delved into these recent developments in a YouTube video. Focusing on the 14th Amendment’s disqualification clause, Kirschner characterized it as “53 simple, straightforward, unmistakable words” making it “inconceivable” for Trump to seek the presidency again. He emphatically stated, “It is inconceivable that the United States Supreme Court would rule that someone who engaged in insurrection should be permitted to hold the presidency again.”
Responding to the Colorado Supreme Court’s decision, the Colorado Republican Party swiftly petitioned the U.S. Supreme Court, contending in a detailed 34-page submission that Section 3 of the 14th Amendment does not apply to the presidency. They argued that the clause is not self-executing and asserted that only Congress has the authority to enforce it.
Simultaneously, Citizens for Responsibility and Ethics (CREW), the legal watchdog group initiating the initial lawsuit to block Trump, submitted a petition to the Supreme Court. They urged an expedited review of the Colorado decision, emphasizing the urgency before primary voting begins in January.
Legal challenges invoking Section 3 of the 14th Amendment have been a recurrent theme in efforts to prevent Trump’s inclusion on state ballots. Past attempts in states like Michigan, Minnesota, Florida, Rhode Island, and New Hampshire faced dismissals, while decisions are pending in states including New York, New Jersey, Texas, and others.
