Law Professor Alan Dershowitz Expresses Strong Disapproval Over Efforts to Prevent Trump’s 2024 Ballot Participation
Renowned law professor Alan Dershowitz has passionately responded to emerging reports suggesting that various states, including California, might be contemplating measures to hinder former President Donald Trump from participating in the 2024 presidential election.
Dershowitz’s remarks came during an appearance on Steve Bannon’s War Room podcast, where he addressed a column authored by his colleague, Laurence Tribe. Tribe’s column argues that the 14th Amendment of the U.S. Constitution, which prohibits individuals involved in insurrections from holding public office, could potentially be invoked to disqualify Trump from the ballot.
Tribe’s contention is based on the assertion that Trump’s alleged role in inciting the January 6, 2021, riot at the U.S. Capitol aligns with the parameters set forth in the 14th Amendment.
During the podcast, Dershowitz vehemently exclaimed, “The Constitution simply does not allow for this!” He offered a hypothetical scenario where a state governor, like that of Texas, could unilaterally designate a political figure as an insurrectionist based on their personal interpretation of events, resulting in the candidate’s exclusion from the ballot. Dershowitz raised concerns that this approach could potentially trigger a constitutional crisis.
He went on to challenge the notion that the framers of the 14th Amendment would have endorsed such an interpretation without the involvement of proper due process. Dershowitz questioned whether it would align with their intent to empower any secretary of state to single-handedly remove a candidate from the ballot without the backing of a court ruling.
While acknowledging that he wasn’t aiming to position himself as having superior legal acumen to Tribe, Dershowitz emphasized his commitment to an honest and principled interpretation of constitutional doctrines.
“I am just more forthright,” Dershowitz asserted, underscoring his fundamental disagreement with the application of the 14th Amendment in this particular context.