There is a growing movement in legal circles to ban Donald Trump from the ballot using Section 3 of the 14th Amendment.
It’s reaching critical mass.
And now the state is about to ask the Supreme Court to kick Trump off the ballot in 2024.
New Hampshire Secretary of Secretary of State David Scanlan is reportedly consulting with the State Attorney General about disqualifying Donald Trump from the Primary ballot using Section 3 of the 14th Amendment, which bans anyone engaged in insurrection and rebellion against the United States from holding office.
Congress ratified the 14th Amendment after the Civil War and wrote Section 3 to keep former Confederate general and top military officials from returning to office.
But in recent weeks a steady drumbeat of articles from legal scholars on the Left and Never-Trump Right argued Section 3 bars Trump from serving as President again because of what happened on January 6.
Never-Trump former Judge Michael Luttig and left-wing Harvard Law Professor Lawrence Tribe wrote an op-ed making the case Section 3 disqualifies Trump.
“The disqualification clause operates independently of any such criminal proceedings and, indeed, also independently of impeachment proceedings and of congressional legislation,” Luttig and Tribe argued. “The clause was designed to operate directly and immediately upon those who betray their oaths to the Constitution, whether by taking up arms to overturn our government or by waging war on our government by attempting to overturn a presidential election through a bloodless coup.”
New Hampshire Secretary of State Scanlon is a Republican who previously said he had no opinion on if January 6 was an insurrection and that it was up to the courts to decide if that was the case.
Former Trump endorsed Senate candidate Bryant “Corky” Messner reportedly brought the idea of disqualifying Trump from the New Hampshire ballot as a way of getting this issue in front of the Supreme Court immediately.
“I really don’t view myself as turning on Trump, as odd as that sounds,” Messner said in an interview with ABC News. “I love this country. I’ve served this country. I’ve taken an oath to this country. My sons are serving right now and I believe someone’s got to step up to defend the Constitution.”
“Someone needs to take some action legally so this thing can get in front of the Supreme Court sooner rather than later to interpret this section,” Messner added.
If Donald Trump wins the nomination, leftists will sue to ban Trump from the ballot.
There is virtually no chance the Supreme Court would ever adopt the insane interpretation of the Section 3 that leftists want.
But any legal challenges after Trump wins the nomination would eat up time and the campaign’s money.
Messner believes conservatives need to short circuit those legal challenges and put this issue to bed right away.