The potential eligibility of Donald Trump for the 2024 presidential race is a matter that may soon rest with the US Supreme Court, as confirmed by former federal judge Michael Luttig on Sunday.
At the heart of this issue is the interpretation of Section 3 of the 14th Amendment, which bars individuals from holding federal office if they have previously taken an oath to support the Constitution and subsequently engaged in insurrection or rebellion against it.
While some legal experts, including Luttig and other conservative scholars, argue that Trump's actions on January 6 and his efforts to overturn the 2020 election may disqualify him, others remain sceptical about whether his conduct meets the threshold for insurrection.
The enforcement of this provision is uncharted territory, and the exact mechanism for doing so remains unclear. Secretaries of state, responsible for overseeing candidate eligibility, are currently studying how this process might unfold.
Luttig emphasised the significance of this question, stating, "This is one of the most fundamental questions that could ever be decided under our constitution." He also noted that the Supreme Court is likely to address it sooner rather than later, possibly before the first primaries.
Notably, Trump appointed three of the current Supreme Court justices, resulting in a 6-3 conservative majority. This case will unfold amidst ongoing concerns about the court's credibility, fueled by ethics scandals and its controversial decision to overturn Roe v. Wade last year.
Election officials in early primary states will soon face decisions regarding challenges to Trump's eligibility, with various groups pledging to bring such challenges. These officials are expected to encounter significant pressure, exemplified by the false claims made by conservative personality Charlie Kirk about efforts to remove Trump from the ballot in New Hampshire.
Regarding this matter, the New Hampshire secretary of state, Dave Scanlan, and the attorney general, John Formella, issued a joint statement emphasising that no official position has been taken on the potential applicability of Section 3 of the 14th Amendment to the upcoming presidential election cycle. They have sought legal advice on the meaning and potential applicability of this provision.