Florida Lawyer Sues Trump to Disqualify Him From 2024 Race

uphillbothways@kbin.social to politics @lemmy.world – 885 points –
Florida Lawyer Sues Trump to Disqualify Him From 2024 Race
thedailybeast.com

The 14th Amendment to the Constitution bans anyone who “engaged in insurrection or rebellion against” the U.S. from holding office.

A Florida lawyer is suing Donald Trump in an attempt to disqualify his current run for president. Lawrence A. Caplan’s Thursday lawsuit claims that the ex-president’s involvement in the Jan. 6 Capitol riot would make him ineligible to run again, thanks to the Constitution’s 14th Amendment—a Civil War-era addition aimed at preventing those who “engaged in insurrection or rebellion against” the U.S. from holding office. “Now given that the facts seem to be crystal clear that Trump was involved to some extent in the insurrection that took place on January 6th, the sole remaining question is whether American jurists who swear an oath to uphold the U.S. Constitution upon their entry to the bench, will choose to follow the letter of the Constitution in this case,” the lawsuit says, also citing Trump’s alleged efforts to overturn the 2020 election results in Georgia. Legal experts say it’s an uphill battle to argue in court, since the amendment has hardly been exercised in modern history. “Realistically, it’s not a Hail Mary, but it’s just tossing the ball up and hoping it lands in the right place,” Charles Zelden, a professor of history and legal studies at Nova Southeastern University, told the South Florida Sun Sentinel.

archive link to South Florida Sun Sentinel article: https://archive.ph/1BntD

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Standing could be as simple as "it harms the American people to allow him to run." The lawyer doesn't have to be directly injured, since class action lawsuits are brought on behalf of entire groups all the time.

Not that it's a slam dunk reason, but I would hope and think the lawyer in question knows that they have to prove some amount of standing.

No comment on this lawyer's standing, but class action suit's standing, claim that the class members have been injured in the same or similar ways as the lead plaintiff. The lead plaintiff is suing for a direct injury.

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