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The Lawfare Podcast

What Disqualifying Trump From the 2024 Ballot Would Mean for Election Law

The Lawfare Podcast

The Lawfare Institute

Politics, Terrorism, National Security, News, Foreign Policy, Diplomacy, Intelligence, Rule Of Law, Military, Constitutional Law, Current Events, International Relations, History, International Law, Government, Law

4.76.4K Ratings

🗓️ 24 November 2023

⏱️ 79 minutes

🧾️ Download transcript

Summary

In the past few weeks, there have been several notable developments in lawsuits seeking to disqualify Donald Trump from the 2024 election under Section 3 of the 14th Amendment. The Minnesota Supreme Court dismissed a case against Trump but invited the petitioners to refile once Trump won the GOP nomination. A court in Michigan rejected a challenge to Trump's eligibility on the grounds that Congress, not the courts, should ultimately decide. And, most recently, a Colorado trial court held that, although Trump did engage in insurrection before and during Jan. 6, Section 3 does not apply to presidents.

As these and other cases make their way through the courts, and with the potential that the Supreme Court will at some point weight in, we're bringing you another portion of a conference held last month at the University of Minnesota Law School (for a previous excerpt, see the November 1 edition of the Lawfare Podcast). This panel, focusing on the interplay between the Section 3 challenges and election law, was moderated by University of Minnesota Law School Professor Nick Bednar, and featured Professor Ned Foley of the Ohio State College of Law, Professor Derek Muller of Notre Dame Law School, and Professor Andrea Katz of Washington University School of Law.

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Transcript

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0:00.0

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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

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0:48.6

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0:50.4

T's and C's apply.

0:51.3

Check the Uber app. If you are saying today a candidate is not qualified, he could be qualified in a few months or in a year if Congress acts and makes him qualified.

1:10.0

And that just kind of changes the dynamics of the factual universe you're looking at.

1:15.2

And again to this notion that Congress, one is the question of self-execution.

1:20.3

But another is a question of the ability to lift the disability and whether or not that sort of weighs into how courts sort of view this or treat this going forward is something inappropriate for them.

1:30.0

I'm Alan Rosenstein, associate professor of law at the University of Minnesota and Senior Editor at Lawfair, and this is the Lawfair podcast for November 24, 2003.

1:40.0

In the past few weeks, there have been several notable developments in lawsuits seeking to disqualify Donald Trump from the 2024 election under section 3 of the 40th amendment.

1:50.0

The Minnesota Supreme Court dismissed a case against Trump but invited the petitioners to refile once Trump won the GOP nomination.

1:56.0

A court in Michigan rejected a challenge to Trump's eligibility on the grounds that Congress, not the court, should ultimately decide.

2:02.0

And most recently, a Colorado trial judge that Congress, not the court, should ultimately decide.

2:03.0

And most recently, a Colorado trial judge held that,

2:05.6

although Trump did engage an insurrection before and during January 6th,

2:09.2

Section 3 does not apply to presidents.

2:12.2

As these and other cases make their way through the courts

...

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