From having this discussion on another site, I’d like to point of that the 14th amendment has different sections, which section 5 states – “The congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Which section 3 is a provision of this article or the 14th amendment. Congress did pass legislation stating the south was in a state of insurrection signed into law by President Lincoln. After ratification congress did pass numerous laws dealing with enforcement of the entire 14th amendment. Then in 1872 congress passed the amnesty act rescinding most if not all laws dealing with section 3. No such appropriate legislation was passed dealing with 1-6 nor has the president, the DOJ, Homeland security or any other federal agency declared or stated 1-6 was an insurrection nor do any of the 91 federal indictments charge Trump with insurrection. Not having done so, this could be your punt by the SCOTUS.
I don’t speak lawyerese, the SCOTUS will read and interpret the constitution in lawyerese, not in plain English. But if the federal government to include congress, the president, all other federal government agencies never declared nor stated 1-6 was an insurrection per section 5 with the appropriate legislation, then the SCOTUS may or might interpret since this wasn’t done, 1-6 wasn’t an insurrection officially and legally. Thus, making section 3 applying to Trump, null, void and moot.
