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Left: Republican presidential candidate former President Donald Trump speaks at a campaign event Saturday, Jan. 27, 2024, in Las Vegas. (AP Photo/John Locher)/ Right: In this Nov. 6, 2014, file photo Supreme Court Justice Antonin Scalia speaks in Washington. President Donald Trump has visions of establishing by the final months of his second term—should he win one—a “National Garden of American Heroes” that will pay tribute to some of the prominent figures in the nation’s history, including Justice Scalia, that he sees as the “greatest Americans to ever live.” (AP Photo/Kevin Wolf)

Left: Republican presidential candidate former President Donald Trump speaks at a campaign event on Saturday, Jan. 27, 2024, in Las Vegas. (AP Photo/John Locher)/ Right: In this Nov. 6, 2014, file photo Supreme Court Justice Antonin Scalia speaks in Washington. (AP Photo/Kevin Wolf)

Before he left the White House in 2020, Donald Trump proposed that a garden be built to honor those he dubbed “the greatest Americans to ever live” and on his list of honorees, he named the late U.S. Supreme Court Justice Antonin Scalia. The garden never came to fruition and as it has turned out in more recent days, that “greatest American” may end up aiding Trump’s disqualification on the ballot in the 2024 election.

Legal expert and journalist Roger Parloff at Lawfare published a comprehensive report on Jan. 24 exploring a significant letter and its history that goes to the heart of the lawsuits now spread out across the country seeking to disqualify — or defend — Trump’s eligibility on the ballot under Section III of the Constitution’s Fourteenth Amendment. 

The provision bans those who “engaged” in insurrection and who previously took an oath to support the Constitution as an “officer of the United States,” from ever holding office again.

As Law&Crime has reported extensively, in December the Colorado Supreme Court found that under this criteria, Trump was disqualified. The state’s lower court had split the difference before that ruling, finding Trump did “engage” in insurrection on Jan. 6, 2021, but 2nd Judicial District Judge Sarah Wallace stopped short of declaring that Trump, as president, was defined as an “officer of the United States.”

A frenzied appeals process followed and with it, a national discourse and debate continued among scholars, lawyers, politicians, journalists, and voters alike. Now history is poised to be made when the U.S. Supreme Court will hear oral arguments weighing the nuances on Feb. 8.

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