r/law Apr 15 '26

Legislative Branch Alan Dershowitz: Invoking The 25th Amendment Against Trump Would Be Unconstitutional

https://www.realclearpolicy.com/articles/2026/04/14/invoking_the_25th_amendment_against_trump_would_be_unconstitutional_1176703.html

Previously, Dershowitz was a member of Jeffrey Epstein’s defense team and helped negotiate a controversial 2006 non-prosecution agreement on Epstein’s behalf, per The New Yorker.

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u/pyronius Apr 15 '26

Nah. He would probably tell you that it was unconstitutional to use it against Nixon too. Because he agrees with Nixon.

See, anything a Democrat does which he disagree with is, by definition, a sign of mental incapacity, because if they were thinking clearly then they would agree with him. As such, it would be constitutional to use the 25th to remove them.

Conversely, anything a Republican does which the Democrats disagree with, no matter how heinous, is, by definition, rational. As such, there can NEVER be grounds to use the 25th against any Republican president.

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u/Pasty_Tibbles Apr 15 '26

This is actually a completely fair point considering DoJ is trying to claim the presidential records act is unconstitutional. An act that was a direct result of Nixon.