New Article: Forcibly Sweeping Section 3 Up To The Supreme Court
We are now 100 days into the Trump Administration. As best as I can tell, there has been zero litigation over whether Section 3 of the Fourteenth Amendment disqualifies Trump from the presidency. During the Joint Session of Congress on January 6, 2025, there were zero objections raised based on Section 3. Yet, it is hard to believe that about fifteen months ago, the Supreme Court was being asked to disqualify Trump from the ballot.
As regular readers of this blog will recall, Seth Barrett Tillman and I were actively engaged in the process to disqualify Trump between 2021 and 2024. I discuss many of the things we did during this time in a new article for the Mississippi Law Journal’s symposium issue on the Fourteenth Amendment.
Here is the abstract of Forcibly Sweeping Section 3 Up To The Supreme Court:
In the wake of January 6, 2021 a two-year lawfare campaign was waged to prevent Donald Trump from being re-elected president. That movement reached its pinnacle on December 19, 2023, when the Colorado Supreme Court ruled that Section 3 of the Fourteenth Amendment disqualified Donald Trump from the presidency. But less than three months later, on March 3, 2024, the United States Supreme Court unanimously reversed the state court. Pr
Article from Reason.com
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