Lawyers who represent the government in federal court face a never-ending supply of 1st and 14th Amendment cases from creative plaintiffs. Most such Constitutional claims don’t stick. They hit a well-oiled wall of federal case law and slid right off.
Applying the insurrection clause of the 14th Amendment to bar Trump’s 2024 candidacy presents the opposite scenario. There exists virtually no prior cases to follow. In fact, critics who reject Trump’s disqualification under this clause lean almost entirely on the lack of legal precedent.
