In the justices’ biggest election case since Bush v. Gore, the court will be weighing arguments over whether Trump is disqualified from reclaiming the White House.
Their only opening is on the eligibility question, which is a simple yes or no.
It can’t be a simple yes or no, though, because the eligibility restriction can be waived. And the amendment says “No person shall … hold any office”, which says nothing about running for office. There’s nothing that says that waiver has to come before declaring any candidacy.
I would not put it past them to say something like “He is currently ineligible. If he runs anyway, then Congress can wait to decide to waive it until after the election”. Kicking the can as far down the road as possible, in the hopes that Trump loses and none of this is necessary.
It can’t be a simple yes or no, though, because the eligibility restriction can be waived. And the amendment says “No person shall … hold any office”, which says nothing about running for office. There’s nothing that says that waiver has to come before declaring any candidacy.
I would not put it past them to say something like “He is currently ineligible. If he runs anyway, then Congress can wait to decide to waive it until after the election”. Kicking the can as far down the road as possible, in the hopes that Trump loses and none of this is necessary.