Nine members of the California legislature recently issued a letter to California Attorney General Rob Bonta. They are requesting an official court opinion on the constitutionality of Donald Trump’s potential 2024 presidential run, under the stipulations of the Fourteenth Amendment.
This constitutional amendment prohibits any individual who has instigated “insurrection or rebellion” against the United States from seeking office again. The California lawmakers suggest that Trump’s involvement with the insurrection on January 6th, as well as his conduct before and after the event, could disqualify him from participating in the Republican presidential primary.
California Civil Code moots that the Attorney General, as a public officer, is automatically entitled to challenge the constitutionality of state laws. Citing this, the lawmakers urge Bonta to seek a declaratory judgment regarding Trump’s eligibility.
Responding to the lawmaker’s letter, Bonta’s office acknowledged receipt and promised to review the request. They condemned Trump’s actions but did not comment further.
The push to bar Trump from California’s 2024 ballot under the Fourteenth Amendment appears to be part of a burgeoning national campaign. Legal scholars, including members of the conservative Federalist Society, have suggested that this constitutional amendment could prevent Trump from pursuing reelection. Their theories have garnered wide attention, even as they predict unprecedented legal territory. Most notably, a group of Colorado voters has already filed a suit to eliminate Trump from their primary ballot under the same amendment.
As of now, Trump has pleaded not guilty to four criminal counts, including conspiracy to defraud the US government, conspiracy to obstruct an official proceeding, obstruction of an official proceeding and conspiracy against US voters’ civil rights. A state grand jury in Georgia has also indicted Trump on 13 counts relating to interference with the state’s 2020 election.
This controversy signifies the ongoing polarization of American politics and raises significant questions about the interpretation and ramifications of the Constitution.