• Schadrach
    link
    14 months ago

    Right, but 14A has only ever been used to disqualify two categories of people - public officials of the Confederacy and people convicted of an appropriate crime (such as the Espionage Act or charges related to Jan 6).

    Trump is neither, so he’s going to challenge being disqualified by anything less on due process grounds. 14A is vague on that. Which ends with SCOTUS essentially deciding what due process should be, likely by looking at how it’s been used historically.