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Look Away: How the Supreme Court Could Set Aside Trump’s Disqualification for Insurrection under the Fourteenth Amendment


It’s 2028. Donald J. Trump announces that he will run for a third term, as he nears the end of his current second term. Rejecting claims that this would be a violation of the 22nd Amendment (“No person shall be elected to the office of the President more than twice”), Trump claims that the Amendment was only intended to apply to terms. He quotes from the U.S. Supreme Court’s landmark decision in Trump v. Anderson (2024): “In our democracy, we must trust the people, not unelected judges, to choose our leaders.”
Does this sound crazy? Like a bad dream? Some people would say that the text 22nd The Constitution and the judges’ duty to uphold it are so clear that this scenario is unimaginable. Trump would either be removed from the ballot for being ineligible or his votes would not count. Right?
Don’t be so sure.
If the U.S. Supreme Court fails to properly handle the pending case, Trump v. Anderson, you might find that some portions of your Constitution no longer apply—at least when they conflict with the will of our would-be “Dictator for a Day.” As I discussed in “Rebel Yell: Why a Civil War Amendment Has Donald Trump Fighting to Keep His…

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