Those seeking to have the former president ruled ineligible are relying on a civil war-era provision of the 14th amendment to the US constitution that states no person can hold public office if they "have engaged in insurrection or rebellion" against the constitution, "or given aid or comfort to the enemies thereof".
They argue Trump's incitement of the deadly 6 January 2021 attack on the US Capitol, in which his supporters attempted to prevent Congress from certifying Joe Biden's 2020 election victory, perfectly encapsulates the clause that has yet to be seriously tested in a courtroom.
In Denver and in Minnesota's supreme court on Thursday, hearings will commence in cases that could ultimately end up in the US supreme court, regardless of which side wins in the lower court. The rulings are likely to be swiftly appealed, dragging the cases out, with next year's general election only 12 months away.
"We've had hearings with presidential candidates debating their eligibility before - Barack Obama, Ted Cruz, John McCain," said Derek Muller, a law professor at the University of Notre Dame, listing candidates challenged on whether they met the constitutional requirement of being a "natural-born citizen".
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