Trump’s Eligibility for Holding Office

This week the Supreme Court will hear arguments on whether, under Section 3 of the 14th Amendment to the Constitution, Trump should be excluded from holding a federal office because he participated in an insurrection. The question should be answered in the affirmative.

As is more often the case than not, judges (or justices) can construct a line of legal argument that satisfies their personal preference but reads as if it’s the result of scholarly analysis. They are not supposed to do that, of course. They are supposed to try to reach a conclusion that is intellectually honest and most truthfully supported by the law. The extreme right-wing justices that dominate the present Supreme Court have demonstrated a willingness to ignore this principle. Their personal preferences tend to be paramount. It would be a stunning surprise if the Court found Trump ineligible to serve.