FLASHBACK: House Democrats push back on concerns over Biden's age: 'Not worried at all'
Fox News' Hillary Vaughn asked House Minority Leader Hakeem Jeffries, Reps. Nancy Pelosi, D-Calif., Katie Porter, D-Calif., Eric Swalwell, D-Calif., and Jamaal Bowman, D-N.Y., if they had any concerns over President Biden's age back in 2023.
A new piece published in The Atlantic this week floated the idea that there might be room for House Democrats to vote against certifying former President Trump for office if he wins re-election.
The article, written by staff writer Russell Berman, argued that if the Supreme Court declined to weigh in on whether Trump is eligible to run for office under the 14th Amendment, then House Democrats could take it upon themselves to vote against certifying him, as it’s up to them to say he’s ineligible.
Berman wrote that "legal scholars say that, absent clear guidance from the Supreme Court, a Trump win could lead to a constitutional crisis in Congress. Democrats would have to choose between confirming a winner many of them believe is ineligible and defying the will of voters who elected him."
A new article from "The Atlantic" warned that House Democrats may vote against certifying former President Trump's election if the U.S. Supreme Court doesn't rule on whether he is eligible for office. (Sean Rayford/Getty Images)
The theory stems from the Colorado Supreme Court case to kick Trump off the state’s primary ballot, which the U.S. Supreme Court took up and heard oral arguments for earlier this month.
As Berman's piece suggested, if the high court does not come down one way or another on whether Trump is eligible for office – as Colorado’s court argued he violated the 14th Amendment’s "Insurrection" clause – then Democrats who believe he is ineligible will have a decision to make.
Berman continued: "In interviews, senior House Democrats would not commit to certifying a Trump win, saying they would do so only if the Supreme Court affirms his eligibility. But during oral arguments, liberal and conservative justices alike seemed inclined to dodge the question of his eligibility altogether and throw the decision to Congress."
He also noted that "Democrats have a serious chance of winning a majority in Congress in November," so they would have the power to do something.
Additionally, he reminded readers that "in early 2021, every House Democrat (along with 10 Republicans) voted to impeach Trump for ‘incitement of insurrection,’ and a significant majority of those lawmakers will still be in Congress next year."
Some Democrats told the outlet they are open to not certifying Trump's election if the Supreme Court doesn't weight in on his eligibility. (Alon Skuy/Getty Images)
Given those factors, Democrats who believe that Trump committed insurrection and have the majority in Congress might feel compelled to decide whether Trump enters office, if the Court declines to declare he’s eligible.
Berman asked Rep. Adam Schiff, D-Calif., currently a leading contender for the U.S. Senate in California, what would happen if the Supreme Court declined to weigh in on Trump’s eligibility. "I don’t want to get into the chaos hypothetical," Schiff replied, though he did note that if the court said Trump was eligible, he would certify him.
Rep. Jim Clyburn, D-S.C., dodged the same question, but blasted Trump, saying, "I think he’s an insurrectionist."
Berman recalled speaking to Rep. Jamie Raskin, D-Md., stating, "The choice that Democrats would face if Trump won without a definitive ruling on his eligibility was almost too fraught for Representative Jamie Raskin of Maryland to contemplate. He told me he didn’t know how he’d vote in that scenario."
Raskin then gave a cryptic response, adding, "There was blood all over the Capitol in the hypothetical you posit."
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Berman also mentioned how legal scholars filed an amicus brief to the Supreme Court, noting that if the justices don't decide on Trump's eligibility, "it is a certainty" that members of Congress would try to disqualify him on January 6, 2025.
When asked if she would be one of these members of Congress, Rep. Zoe Lofgren, D-Calif., replied, "I might be."
After publication of this piece, Lofgren's office reached out for clarification about her comments to The Atlantic and provided the following statement.
"I would like to clarify a recent statement attributed to me in the article, How Democrats Could Disqualify Trump If the Supreme Court Doesn’t, which I am concerned was not put in the full context of the interview," she said in a statement to Fox News Digital.
"The Electoral Count Act does not permit disqualification of Electoral College votes based on insurrection activities of a candidate. After my work on the January 6th Select Committee, I am confident that Mr. Trump engaged in insurrection. The constitutional impact of his behavior is currently a murky legal question and under consideration by the Supreme Court," Lofgren said.
She then added, "I would consider objecting to the electoral vote certification under the Electoral Count Act if the Supreme Court rules that the 14th Amendment required such action despite the Electoral Count Act. I am not considering objecting prior to the Supreme Court issuing its decision and if the decision provides that path legally. I regret that my statement was not clearer and want to be very clear now."
In light of Rep. Lofgren's new statement, The Atlantic told Fox News Digital it had updated its piece "to note this updated statement from the Representative."
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