Is Trump Disqualified? Republicans Prepare to Fight Long-Shot Legal Theory

Former President Donald Trump is facing a new legal challenge to his eligibility to run for president again in 2024. A group of Republicans, led by former South Carolina Representative Joe Cunningham, is arguing that Trump is disqualified from running again because he was impeached by the House of Representatives for inciting the January 6th Capitol riot.

The legal theory is based on the 14th Amendment to the U.S. Constitution, which prohibits anyone who has “engaged in insurrection or rebellion against” the United States from holding federal office. The amendment was passed after the Civil War to prevent former Confederate leaders from returning to power.

Cunningham and his allies argue that Trump’s actions on January 6th meet the definition of insurrection or rebellion. They point to Trump’s speech to his supporters on the morning of the riot, in which he told them to “fight like hell” and “take back our country.” They also point to the fact that Trump’s supporters stormed the Capitol building, resulting in five deaths.

Trump’s lawyers have dismissed the legal challenge, arguing that it is “frivolous” and “without merit.” They say that the 14th Amendment does not apply to Trump because he was impeached after he left office.

It is unclear whether the legal challenge will be successful. The Supreme Court has never ruled on whether the 14th Amendment applies to former presidents. However, the court has ruled that the amendment applies to former state officials.

Even if the legal challenge is successful, it is unlikely to prevent Trump from running for president again. The Supreme Court would need to issue a ruling before the 2024 election, and it is possible that the court would not have time to do so.

In the meantime, Republicans are preparing to fight the legal challenge. The Republican National Committee has already filed a brief in support of Trump, and other Republicans are expected to file briefs as well.

The legal challenge is likely to be a long-shot, but it could have a significant impact on the 2024 presidential election. If the challenge is successful, it could prevent Trump from running for president again. Even if the challenge is unsuccessful, it could damage Trump’s political standing and make it more difficult for him to win the Republican nomination.


The legal challenge to Trump’s eligibility to run for president again is a long-shot, but it is a challenge that Republicans are taking seriously. The outcome of the challenge could have a significant impact on the 2024 presidential election.

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