According to Mediate, over the weekend, Judge Michael Luttig joined MSNBC’s Ali Velshi to discuss the ongoing debate surrounding the possibility of former President Donald Trump being barred from seeking office again under the 14th Amendment.
Luttig, a highly respected conservative jurist and former federal judge, emphasized the significance of the issue, noting that it’s one of the most fundamental questions that could be decided under the U.S. Constitution. He predicted that the Supreme Court of the United States would likely address this matter sooner rather than later, possibly before the first primaries where Trump’s candidacy could be at stake. This would be especially pertinent if secretaries of state begin to consider disqualifying Trump from the ballot due to his efforts to overturn the 2020 election.
Luttig highlighted a key distinction within Section Three of the 14th Amendment. He explained that the disqualification it entails is specifically related to an insurrection or rebellion against the Constitution of the United States, not just any rebellion against the authority of the United States. He suggested that both interpretations of this section are likely to be considered reasonable, ultimately leading to the former president’s disqualification under the 14th Amendment.
The discussion on this topic was sparked by Professors William Baude and Michael Stokes Paulsen, both conservative members of the Federalist Society, who published a law review article titled “The Sweep and Force of Section Three” in mid-August. In their article, they argue that, based on an originalist interpretation of the Constitution, Trump’s disqualification from running for office again is automatic, drawing a historical parallel to the post-Civil War era when former Confederate soldiers and officeholders were barred from government positions.
“This is one of the most fundamental questions that could ever be decided under our Constitution, and it will be decided by the Supreme Court of the United States sooner rather than later, and most likely before the first primaries in which Donald Trump would be put on the ballot or disqualified from the ballot by one of those secretaries of state,” Luttig, a highly regarded conservative jurist and former federal judge, said when asked about the possibility of Trump being removed from ballots for having worked to overturn the 2020 election.
“Ali, if I may say, the disqualification clause of the 14th Amendment in Section Three of that amendment that you read at the top of this segment, the gravity of that disqualification is an insurrection or rebellion against the Constitution of the United States,” Luttig continued, adding:
It is not, according to the literal terms of Section three, an insurrection or rebellion against the authority of the United States of America. And yet it’s the fact that either, and likely both of those interpretations of Section three will ultimately be held to be reasonable that the former president would, under the law most likely be disqualified under the 14th Amendment
