Can GOP Kick Trump Off New Hampshire Ballot? Stay Tuned

A long-shot presidential candidate has filed a lawsuit in New Hampshire’s state court seeking an injunction to keep Trump off the ballot. And a former Republican candidate for Senate is urging the New Hampshire secretary of state to bring a case that could put the issue before the U.S. Supreme Court. Via the New York Times:

On Wednesday, Free Speech for the People, a liberal-leaning group that unsuccessfully tried to strike House Republicans from the ballot in 2022, sent a letter to the secretaries of state in New Hampshire, as well as Florida, New Mexico, Ohio and Wisconsin, urging them to bar Mr. Trump from the ballot under the 14th Amendment.

These efforts employ a theory that has been gaining traction among liberals and anti-Trump conservatives: that Mr. Trump’s actions on Jan. 6, 2021, disqualify him under Section 3 of the 14th Amendment, which bars people from holding office if they took an oath to support the Constitution and later “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

[…] “When it gets to the Supreme Court, as it surely will, this will test the dedication of the justices to principles of law, more than almost anything has for a very long time,” said Laurence H. Tribe, a constitutional law professor at Harvard who believes the insurrection disqualification clearly applies to Mr. Trump, “because they will obviously realize that telling the leading candidate of one major political party, ‘no, no way, you’re not eligible’ is no small matter.”

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