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this post was submitted on 12 Aug 2023
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This is the best summary I could come up with:
Baude and Paulsen’s paper, set to be published in the University of Pennsylvania Law Review, focusing on plain-language readings on Section 3 of the 14th Amendment and the way its key terms were used in political discussion around the time of enactment.
If this interpretation is correct, then the legal case against Trump is fairly straightforward — all established by facts in public reporting, evidence from the January 6 committee, and the recent federal indictment.
Even if (let’s say) the members of a state board of elections think someone below the drinking age would make the best president in American history, the law is clear that such a person can’t hold office and thus can’t be permitted to run.
Every official involved in the US election system, from a local registrar to members of Congress, has an obligation to determine if candidates for the presidency and other high office are prohibited from running under Section 3.
Moreover, state election officials are not federal judges; the very existence of Griffin’s Case, however poorly reasoned, creates real doubt as to whether they are legally empowered to do what Baude and Paulsen are telling them they have to do.
Best case, there’s a write-in campaign to put Trump in the presidency, giving rise to a constitutional crisis if he won (since the Supreme Court would have ruled him ineligible in upholding the state officials’ actions).
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