If have synopsized an NRP interview today with Gerard Magliocca, a law professor at Indiana University and the author of "American Founding Son: John Bingham And The Invention Of The Fourteenth Amendment." Below is a link to the interview and an earlier WaPo opinion piece by Magliocca and another professor of law.
Professor Magliocca says:
According to the Constitution Congress has the power to give someone an exemption from Section 3 of the 14th Amendment with a two-thirds vote in each house. They can do that at any time. And that means, in part, that it's up to the Supreme Court to decide whether the law applies to Trump, but only the law. Trump is ineligible unless Congress should vote that he should get to run.
The Supreme Court would focus on legal issues, like whether they think January 6 was an insurrection or whether it covers the presidency.
Whether Trump should be allowed to run is something that should be left to Congress, especially in the event that the court were to say that he is disqualified.
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