In the Wall Street Journal, Jason L. Riley: A Disqualified Trump Could Still Appear on the Ballot. From the core of the argument:
A brief filed by the National Republican Senatorial Committee in support of Mr. Trump … argues that even if Section 3 disqualifies the former president from holding office, it doesn’t follow that he’s disqualified from seeking office because Congress can later decide to remove the disqualification through a two-thirds vote.
“By its plain text, section 3 identifies a disqualification from serving in certain offices, but does not disqualify a covered person from running for office,” the brief reads. “And that textual distinction is particularly important because, unlike certain other disqualifications, section 3 makes that disqualification removable—and it commits the decision of whether and when to remove it exclusively to Congress.” The Colorado Supreme Court erred in removing Mr. Trump’s name from the ballot because even if the court were “correct that President Trump cannot take office on Inauguration Day, that court had no basis to hold that he cannot run for office on Election Day and also seek removal of any alleged disqualification from Congress if necessary.”
Under such a scenario, which is contemplated in the 20th Amendment, Mr. Trump’s running mate would serve as acting president until Congress decided the matter. If the justices are looking for a way to keep Mr. Trump on the ballot and not disenfranchise the supporters of someone who is currently leading President Biden in the polls, it’s one possibility.
Agreed (although I think a little more argument is needed on why the Colorado court can't remove him under state law). See here.
Posted at 6:07 AM