I still think that the Supreme Court will see the havoc a ban will wreak, but these days ….

friend and mentor

Two “conservative” constitutional law professors have written an article supporting the removal of Trump from the ballot. You can read the abstract below, but it’s the conclusion, with its suggestion that “potentially many more” candidates can be barred that is most alarming.

Abstract

The Sweep and Force of Section Three

University of Pennsylvania Law Review, Vol. 172, Forthcoming

Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion. Because of a range of misperceptions and mistaken assumptions, Section Three’s full legal consequences have not been appreciated or enforced. This article corrects those mistakes by setting forth the full sweep and force of Section Three.

First, Section Three remains an enforceable part of the Constitution, not limited to the Civil War, and not effectively repealed by nineteenth century amnesty legislation. Second, Section Three is self-executing, operating as an immediate disqualification from office, without the need for additional action by Congress. It can and should be enforced by every official, state or federal, who judges qualifications. Third, to the extent of any conflict with prior constitutional rules, Section Three repeals, supersedes, or simply satisfies them. This includes the rules against bills of attainder or ex post facto laws, the Due Process Clause, and even the free speech principles of the First Amendment. Fourth, Section Three covers a broad range of conduct against the authority of the constitutional order, including many instances of indirect participation or support as “aid or comfort.” It covers a broad range of former offices, including the Presidency. And in particular, it disqualifies former President Donald Trump, and potentially many others, because of their participation in the attempted overthrow of the 2020 presidential election.

This headline (the article itself is behind a paywall) shows what’s in store:

Venezuela bars opposition candidates from poll | Financial Times

Venezuela's opposition has been dealt a heavy blow after the Supreme Court ruled late on Tuesday in favour of disqualifying 272 politicians from running in regional elections over corruption ...