“Disenfranchisement and Chaos”: The Supreme Court Hears Pivotal Case on Whether Trump Is Eligible to Run for President
by Andy Kroll
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On Feb. 8, the Supreme Court will hear oral arguments in Donald J. Trump v. Norma Anderson et al, a case that could swing a presidential election in a way not seen since Bush v. Gore a quarter-century earlier.
The crux of Trump v. Anderson boils down to this: Should a former commander in chief be disqualified from seeking the presidency again if he engaged in insurrection?
The answer to that question — and even the premise of the question itself — has sparked furious debates among lawyers, law professors and historians. Many of those disputes revolve around two contested subjects: the definition of insurrection, and the true meaning of the 14th Amendment to the U.S. Constitution.
That amendment — passed in 1866 and ratified in 1868 — is probably best known for its first section, which stated that all Americans should receive equal protection under the law. But the amendment’s third section took up a different issue: what to do with former members of the Confederacy who had “engaged in insurrection” — or had given “aid or comfort” to insurrectionists — and now wanted to hold elected office in the government they had fought against.
More than 150 years later, a constitutional fix crafted with Jefferson Davis in mind is being used to argue that former President Trump is ineligible to be president again. There is no clear precedent in the case. The text of the 14th Amendment’s third section is confusing and vague. The range of potential decisions by the high court is vast. But whatever the court decides, the ruling will have enormous implications for American democracy.
How Did We Get Here?Last September, six Colorado voters — four registered Republicans and two independents — filed a lawsuit that said Trump was disqualified from appearing on Colorado’s 2024 Republican primary ballot because he’d engaged in insurrection on Jan. 6, 2021, and thus, under Section 3 of the 14th Amendment, could no longer seek the presidency.
After months of legal wrangling, the case went before the Colorado Supreme Court. A majority of the panel, in a 4-3 decision, stunned the country by concluding that Trump had engaged in insurrection, that his fiery rhetoric was not protected speech under the First Amendment and that Trump could not appear on the ballot in Colorado’s........
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