by Frank Holmes, reporter
Puzzled by polls that show President Donald Trump trouncing Joe Biden in their likely presidential rematch, the Democrats think they have finally found a way to beat Trump.
They aren’t confident they can win at the ballot box… so they plan to beat him in court.
States from sea to shining sea have see left-wing lawsuits challenge Trump’s ability to run for president for allegedly violating the 14th Amendment’s disqualification clause for engaging in “insurrection.”
If judges agree, Trump’s name would be expunged from the ballot, and voters would be denied the choice of voting for the 45th president next November.
The Left has gone all-in on the strategy…but the law isn’t holding up, and they’re starting to lose in one state after another.
The part of the Constitution in question — Section 3 of the 14th Amendment — states:
No person shall be a Senator or Representative in Congress, or elector for President and Vice President, or hold any office, civil or military, under the United States … who, having previously taken an oath, as a member of Congress, or as an officer of the United States … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same … But Congress may, by a vote of two-thirds of each House, remove such disability.
Legal experts say the clause doesn’t apply to Trump. The amendment impacts someone who had “previously taken an oath, as a member of Congress” or an “officer of the United States.”
Trump never served on Congress, and the Supreme Court has ruled that neither president nor vice president are considered officers, because officers are appointed, not elected. “The people do not vote for ‘Officers of the United State,’” ruled Chief Justice John Roberts in 2010.
Even if Trump were eligible, the clause is unenforceable: Congress has to enact legislation for the Constitution to take life, according to an 1869 Supreme Court ruling—and Congress never passed a law.
But Democrats never let the Constitution stand in the way of their plans.
A group calling itself the Constitutional Accountability Center—which received money from George Soros’ Democracy Alliance—filed an amicus brief against Trump in Minnesota. That should raise eyebrows: The Democracy Alliance has come up with numerous plans to rig the elections and turn America blue forever.
Another Soros-funded “nonprofit,” Citizens for Responsibility and Ethics in Washington (CREW), filed an anti-Trump 14th Amendment lawsuit in Colorado.
And the Soros-funded Center for American Progress—the favorite think tank of the Obama and Biden administrations—is behind multiple lawsuits to erase Trump from the ballot.
Some of the Democratic big guns have signed on, as well.
The Horn has reported that a Democratic donor calling himself a Republican, John Anthony Castro, has sued at least 16 states to bar Trump from the 2024 presidential election…but the Democrats’ plans are falling apart.
Unfortunately for the Democrats, judges don’t agree—even extreme liberals and their own appointees.
Kaine spoke about the same time Judge Robin L. Rosenberg, an Obama appointee, dismissed a 14th Amendment challenge to Trump in Florida. Rosenberg ruled that Lawrence Caplan of Boynton Beach lacked standing to even bring the case.
But the dominoes kept falling.
Minnesota’s Supreme Court ruled on November 8 that Trump will stay on that state ballot—and it’s the last in a long line of liberal losing.
Even as a new case opened in Denver—appropriately enough, just before Halloween—a NeverTrump threw in the towel.
Despite the lawsuit, “I fully expect that the former president will be on our ballots” for New Hampshire’s first-in-the-nation primary said Governor Chris Sununu, who considered challenging Trump for the GOP’s 2024 presidential nomination.
Their record is bad, and their prospects are worse, but left-wingers refuse to drop the case.
“Section Three” of the 14th Amendment ‘is not a dead letter,” claimed CAC.
“Refusing to enforce the text of Section Three of the Fourteenth Amendment sends a dangerous message to future insurrectionists.
Section Three is not a dead letter. Refusing to enforce the text of Section Three of the Fourteenth Amendment sends a dangerous message to future insurrectionists. https://t.co/DXMxCm4wyS
— CAC (@MyConstitution) November 9, 2023
But anyone who has read the Constitution has tried to warn the Left to drop the lawsuits and focus on fighting Trump in the presidential campaign.
“I’m going to say it,” wrote one legal expert. “It is a pipe dream to believe that the SCOTUS will affirm any state court opinion that holds that Trump is excluded from that state’s ballot pursuant to Section 3 of the Fourteenth Amendment because he ‘engaged’ in ‘insurrection.’”
I'm going to say it: It is a pipe dream to believe that the SCOTUS will affirm any state court opinion that holds that Trump is excluded from that state's ballot pursuant to Section 3 of the Fourteenth Amendment because he "engaged" in "insurrection." Go ahead, now, block me. https://t.co/MlU052XFyR
— legalnerd (@alegalnerd) November 8, 2023
When it’s all said, the Democrats will lose, and democracy will win.
Frank Holmes is a veteran journalist and an outspoken conservative that talks about the news that was in his weekly article, “On The Holmes Front.”