Raskin was indeed emphatic in his belief that Trump is barred from the presidency by virtue of section 3 of the Fourteenth Amendment, saying that “Donald Trump is disqualified just as if he were running and not a born U.S. citizen or if he were running and he were 24 years old.” He also said that, as a result of Trump’s impeachment and Senate trial (in which 57 Senators voted to convict, but not the requisite 67), “you’ve got robust, bicameral, bipartisan majorities that have already established this as a fact.” (He made the same point twice, saying a bit earlier that 57 Senators determined “as a constitutional fact” that Trump incited an insurrection.)
Perhaps most significantly, referring to the disqualification provision in the Fourteenth Amendment, Raskin said “we have to abide by it.” Although the timing point was not specifically addressed in the interview, this statement indicates to me that Raskin would be prepared to invoke section 3 of the Fourteenth Amendment on January 6, 2025 if the U.S. Supreme Court had not already ruled definitively one way or the other on the merits of the provision’s applicability to Trump. How many other members of Congress would join Raskin in this respect is unknowable at this point. But the more momentum that Raskin would have behind an effort to disqualify Trump on January 6, 2025, the greater the constitutional crisis it would be in my judgment–because at that point Trump would have won the popular vote in enough states for an Electoral College victory, and the voters rightfully would consider themselves robbed of their choice. Hence, the imperative to settle this issue before voters cast their ballots in November of next year.