Alas, Trump Is Still Eligible to Run for Office: Noah Feldman

A law review article claiming that Donald Trump is automatically disqualified from holding elected office is getting attention in large part because it was written by two conservative, originalist law professors, William Baude and Michael Stokes Paulsen. Baude and Paulsen argue that Trump should be excluded from ballots for giving aid to an “insurrection or rebellion” in violation of Section 3 of the 14th Amendment.

There are two problems with the notion that Trump can and should be kept off the ballot by state election authorities.

First, although Baude and Paulsen’s originalism is honest and conscientious, originalists outside of academia ...