Trump lawyers claim judges have no authority to enforce 14th Amendment

During oral arguments this week, lawyers for former President Donald Trump argued that a Michigan challenge to his constitutional eligibility to appear on the ballot is invalid because judges don't have authority to enforce Section 3 of the 14th Amendment, The Messenger reported on Thursday.

"One of Trump's lawyers, Michael Columbo, said that the power to enforce the section of the amendment 'resides in Congress alone,' adding the section only applies to elected officials-to-be and not to candidates running for office," reported Aneeta Mathur-Ashton. "He added that the 'judicial review, if any, should occur only after the Electoral (College) and congressional processes have run their course,' arguing that those challenging Trump’s eligibility want to turn an after-the-fact 'Section 3 disqualification into a ballot access qualification'" — in other words, any case on this should be heard in 2025 after he hopes to have won the election.

The opposing counsel, Mark Brewer, argued this standard would be absurd, saying, “We’ve heard this morning about chaos… talk about chaos. That would require the country then to what, rerun the entire presidential election.”

Voters and legal activists around the country have sued in multiple states, arguing that the 14th Amendment's Insurrection Clause prohibits Trump from running for office, as he is accused of helping to incite the January 6 attack on the U.S. Capitol.

The challenge faces a number of legal questions, because there isn't clear case law established on how to enforce the amendment — which is Trump's counsel's justification for his argument.

Other states where such challenges have been filed include Colorado, where the case is ongoing, and Minnesota, where the state Supreme Court just ruled the state lacks authority to enforce the disqualification with respect to a primary ballot but could re-hear the case again during the general election proceedings.