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U.S. Supreme Court,
Government

Oct. 2, 2023

U.S. Supreme Court needs to consider Trump’s eligibility

An urgent public interest exists in the U.S. Supreme Court resolving the uncertainty and controversy about whether Trump is eligible to run for or serve as President.

John H. Minan

Emeritus Professor of Law
University of San Diego School of Law

Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.

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Article II, Section 3, of the Constitution provides that the President “shall take Care that the Laws be faithfully executed.” On Jan. 20, 2017, former President Donald Trump took the presidential oath of office to “preserve, protect, and defend” the Constitution. On Nov. 15, 2022, Trump filed paperwork with the Federal Election Commission as a candidate for President.

Section 3 of the Fourteenth Amendment disqualifies any person from “hol...

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