A recent opinion piece in The Hill has stirred controversy by advocating for Congress to utilize the 14th Amendment to prevent President-elect Trump from assuming office. Former law journal editors Evan A. Davis and David M. Schulte argue that Trump's actions constitute "insurrection" and thus disqualify him under the amendment's provisions.
The authors cite several instances as evidence, including Trump's second impeachment trial, the congressional investigation into the January 6th Capitol events, and a Colorado Supreme Court ruling (later overturned by the U.S. Supreme Court) barring Trump from the state's 2024 ballot. They emphasize that the Supreme Court's decision didn't negate the lower court's finding of insurrection, leaving room for Congressional action.
Davis and Schulte propose that Congress reject Trump's electoral votes under the Electoral Count Act, arguing that a vote for a constitutionally disqualified candidate is inherently irregular. They suggest that if all of Trump's electoral votes were discounted, Vice President-elect Kamala Harris would become president.
This controversial call to action has sparked widespread criticism. Trump campaign spokesman Steven Cheung accused Democrats of attempting to overturn the election, while Eric Trump labeled the authors "sick." Other commentators have described the article as endorsing insurrection and conspiring to overturn the election results. Some critics pointed out the apparent hypocrisy, noting that similar rhetoric about Biden in 2021 led to legal repercussions.
Former presidential candidate John Delaney offered a dissenting view, urging Democrats to accept the election results and work with Trump when in the nation's best interest. He cautioned against pure obstructionism.
