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Lower courts have already ruled that Trump engaged in insurrection – apparently Trump’s legal team are going to claim that the 14th amendment does not apply to former presidents (although there is no such exclusion in the amendment wording; or at least does not apply to Trump) and that to deny Trump would disenfranchise millions of Americans.
While this may be true, it is not a valid legal argument against him being barred from running, having sworn to uphold the constitution, and then engaged in insurrection.
It will be a challenging ruling for the Supreme Court to either ignore Trump’s insurrection (already been found in lower courts), or to decide that the 14th amendment does not apply to former presidents (or just Trump).
If elected, there is a good chance that Trump will dis-banned the Supreme Court, not wanting anyone with executive power to prevent him becoming a dictator.
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For more on marking an answer as the "Best Answer", please visit our FAQ.//If elected, there is a good chance that Trump will dis-banned the Supreme Court, not wanting anyone with executive power to prevent him becoming a dictator //
This could be a reason they might rule against him, (even the Trump appointees), because they see that coming.
Netanyahu has tried a similar thing with the Israeli supreme court.
I doubt it though.
//just interpreted in different ways locally//
It's a technicality about whether the President is an 'officer' of the govt or not.
When they drafted the amendment it seemed so absurd that the POTUS might take part in an insurrection, they didn't feel it necessary to specifically include that in the wording. Yet here we are with that exact thing having happened, and different courts having to interpret it differently.
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