The Colorado Supreme Court Has Its Day
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 21 December 2023
⏱️ 54 minutes
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Summary
In an end-of-the-day ruling on Tuesday, the Colorado Supreme Court struck Donald Trump from the Republican primary ballot on grounds that he was disqualified for the presidency as a result of Section 3 of the 14th Amendment. The decision now appears to be fast-tracked to Supreme Court consideration that could obliterate it or make it apply nationally.
To go over all the twists and turns, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff and Gerard Magliocca, a professor at the University of Indiana, who wrote a key law review article on Section 3 of the 14th Amendment. They talked about the Colorado decision—where it's strong, and where it's less strong. They talked about how this is going to land at the Supreme Court—which parts the justices are likely to accept, and which parts they're going to pick apart. They talked about the politics of it all, and they talked about what it means to engage in insurrection.
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Transcript
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| 0:51.3 | Check the Uber app. Well, so I think the two big issues they're going to be looking at are, one is kind of this First Amendment type |
| 1:06.0 | argument. |
| 1:07.0 | You see, because they deal with First Amendment issues all the time. |
| 1:11.8 | They have strong views about that and I think that's a way in |
| 1:15.8 | which they can deal with the case if they choose which eliminates the need to |
| 1:20.5 | deal with all the things that they don't, that are new to them. |
| 1:25.0 | I'm Benjamin Wittis and this is the Law Fair Podcast December 21st, 2003. |
| 1:32.0 | In an end of the day ruling on Tuesday the Colorado Supreme Court struck Donald |
| 1:38.4 | Trump from the Republican primary ballot on grounds that he was disqualified for the presidency as a result of Section 3 of the 14th Amendment. |
| 1:49.0 | The decision now appears to be fast-tracked to Supreme Court consideration that could obliterate it or |
| 1:56.7 | make it apply nationally. Joining me in the virtual jungle studio to go over all the twists and turns are Roger |
| 2:07.1 | Parloth, Lawfair senior editor and Gerard Maglioka, a professor at the University of Indiana who wrote a key law review article on |
| 2:18.1 | section 3 of the 14th Amendment. |
... |
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