Maine’s decision to become the second state to disqualify Donald Trump from the ballot raises the stakes for the U.S. Supreme Court to intervene quickly on a dispute that threatens to upend the 2024 election. It’s a case that may also determine whether states can enforce a power that Congress expressly gave to itself, experts said.
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Mike Davis, a retired Senate Judiciary Committee lawyer and founder of the Article III Project think tank, said states have no power to enforce the 14th amendment. “Congress has to do it,” he told Just the News.
He noted Congress passed a law for criminal prosecution of insurrection after the 14th amendment and he believes a candidate would have to be convicted under that law for the amendment’s disqualification to apply.
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