Sam Moyn and Ilya Somin on Disqualifying Trump Under Section 3
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 2 February 2024
⏱️ 74 minutes
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Summary
Next week, the Supreme Court will hear argument in Trump v. Anderson, former President Donald Trump’s appeal of the Colorado Supreme Court’s historic decision taking him off the state’s presidential primary ballot. In determining whether the Colorado Supreme Court erred in ordering Trump excluded from the state’s ballot, the Supreme Court faces one of the most fraught questions facing our democracy today.
Lawfare Associate Editor Hyemin Han asked two legal scholars who could not disagree more with one another whether they think the Supreme Court should disqualify Trump under Section 3 of the 14th Amendment. Sam Moyn is Chancellor Kent Professor of Law and History at Yale University. He thinks the Supreme Court has to unanimously reverse the Colorado Supreme Court’s decision and keep the current Republican frontrunner on the ballot. Ilya Somin is Professor of Law at George Mason University and B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. He thinks the Supreme Court should take Trump off the ballot despite its facially anti-democratic optics. They went through the legal questions in front of the Court, the political and philosophical implications of disqualifying Trump under Section 3, and the interplay of law and politics that overlays it all.
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Transcript
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| 0:00.0 | The following podcast contains advertising. |
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| 0:08.0 | become a material supporter of Lawfair at Patreon.com slash Lawfair. That's Patreon.com |
| 0:16.4 | slash Lawfair. Also check out Lawfair's other podcast offerings, rational security, chatter, lawfare no bull, and the aftermath. |
| 0:30.0 | When you have millions of Americans, I don't know if they're ready to take up |
| 0:38.4 | arms in defense of Donald Trump's candidacy, but I think we should be very wary of just the possibility |
| 0:47.1 | that this kind of decision could look unholy |
| 0:51.6 | to tens of millions of our fellow citizens. |
| 0:55.0 | I'm Hayman Hahn, Lawfair Associate Editor. |
| 0:59.0 | This is the Lawfair Podcast for February 2nd, 2024. |
| 1:04.3 | Next week, the Supreme Court will hear argument in Trump v. Anderson, former President |
| 1:09.1 | Donald Trump's appeal of the Colorado Supreme Court's historic decision taking him off the state's |
| 1:14.2 | presidential primary ballot. In determining whether the Colorado Supreme Court |
| 1:18.7 | erred in ordering Trump excluded from the state's ballot, the Supreme Court faces one of the most fraught questions |
| 1:24.4 | facing our democracy today. I asked two legal scholars who couldn't disagree more |
| 1:29.8 | with one another whether they think the Supreme Court should disqualify Trump under Section 3 of the 14th Amendment. |
| 1:36.7 | Sam Moyne is Chancellor Kent, Professor of Law and History at Yale University. |
| 1:41.6 | He thinks the Supreme Court has to unanimously |
| 1:44.2 | reverse the Colorado Supreme Court's decision |
| 1:46.8 | and keep the current Republican front runner on the ballot. |
| 1:50.5 | Ilia Soman is professor of law at George Mason University and B Kenneth Simon Chair in constitutional studies at the Cato Institute. |
| 1:58.0 | He thinks the Supreme Court should take Trump off the ballot despite its facially |
... |
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