“Boynton Beach tax attorney Lawrence Caplan filed the challenge in federal court in the Southern District of Florida citing the amendment’s “disqualification clause” for those who engage in insurrections and rebellion against the United States. …
“But constitutional scholar Kevin Wagner said invoking the amendment to kick Trump off the ballot is an endeavor that faces significant legal, constitutional and political hurdles.
“‘There’s a legitimate argument that one can make surrounding the plain wording of the 14th Amendment and the accusations of what the president did on Jan. 6,’ said Wagner, a professor of political science at Florida Atlantic University. ‘But I think it’s a harder lift than people think and at the end of the day you have to find someone that’s willing to enforce it. …
“Caplan’s filing asserts that Trump’s actions on Jan. 6, 2021 violated the amendment and asks that he be barred from seeking the presidency and from appearing on the ballot in Florida’s 2024 presidential primary next March 19. …
“Caplan’s challenge is among the first 14 Amendment-related objections lodged against Trump in a federal court. However, discussion of the 45th president’s disqualification has surged in the past week. …
“FAU’s Wagner agrees that the 14th Amendment may not require Trump’s conviction on any charges for it to be invoked.
“‘What makes it tricky is it doesn’t say you don’t have to be convicted. It just says you have to engage in it,’ he said.
“Nonetheless, despite the cacophony of constitutional chatter, Wagner said he thinks applying the 14th Amendment to Trump will be a challenge because of the scarcity of legal precedents.
“‘The problem here is that there is no real case law, there’s no dominant interpretation that we can all look at and agree that this is how it is done,’ he said.”