Question for #lawtwitter. My family and I are having a discussion: a family member (and others on this website) has put forward that Congress could pass legislation deeming Trump not qualified to serve as president under section 3 of 14th Amdt. My sense is that for that section
to apply, it would require some legal determination of guilt of insurrection or rebellion by an article iii body. Short of that, legislation applying to Donald Trump would be, in effect, a bill of attainder.
Of course the constitution creates an all legislative mechanism for disqualification from federal office in the impeachment and removal process, but that requires a 2/3rds majority in the senate.
Similarly, each chamber can expel members by a 2/3rds majority. Anything short of those processes for Trump or Cruz or Hawley, absent a judicial determination of guilt, would be a Bill of Attainder, meaning no one, by a simple majority, could ever be forbidden from serving. Y/N?
And clarifying, this is not about removal from office in next 10 days. We're talking forbidding him from holding office in the future. To me, that only seems possible through 2 routes: constitutional impeachment/removal route or judicial finding of guilt of aiding insurrection.

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More from @SarahEMcBride

12 Jan
Today is the day! At around 2PM I will be officially sworn in as the Senator from the First Senate District. I’m excited!
I’ll take my oath today on my childhood bible, given to me when I was 8 at Westminster Presbyterian Church, where I still attend today.

You get to pick whatever you’d like to swear in on and this is what I’ve chosen! Image
I have had my outfit laid out for a few days. These are the moments you plan for! Image
Read 12 tweets
8 Nov 20
Seven years ago, my parents and I drove down to Legislative Hall to testify before the Delaware State Senate and to urge them to pass the Gender Identity Nondiscrimination Act. (1/9)
Standing on the floor of the Delaware State Senate and with tears in our eyes, my parents and I shared our family’s story and asked for something simple: the equal protection of our laws. (2/9)
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13 Jun 20
Donald Trump's roll back of health care protections for LGBTQ people puts millions at risk.

These protections were my late husband Andy's life’s work - an advancement he didn't see before he passed away from cancer. (Thread)
I know the fear of discrimination in health care. I’ve felt it myself. And I saw it in Andy’s eyes as he battled cancer as a transgender man -- the creeping fear that his disease might meet discrimination that could be deadly.
Despite Andy’s cancer eventually taking his life, we were still both lucky -- lucky not to have faced discrimination, lucky to have care, and lucky that his care bought us time to live and love as much as possible. Many aren’t nearly as lucky.
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30 Jan 19
This happened to me earlier today. We had just concluded a really powerful meeting with parents of transgender youth and members of Congress and I won't let this incident diminish the love, pride and solidarity that filled that room just moments before.…
The sad truth is that this kind of harassment is the reality for far too many transgender people, particularly trans women of color, across the country and around the world.
Throughout the incident, I thought about the trans youth who have to experience their hostility and bullying day-in and day-out in the United Kingdom.
Read 5 tweets
16 Oct 17
#MeToo: I’m so open about every other part of my life except one. I can count on one hand the number of people I’ve confided… (1/17)
… in about being sexually assaulted. I stayed quiet for too many reasons. (2/17)
I stayed quiet because of society’s propensity to not believe survivors. (3/17)
Read 17 tweets

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