#14th-amendment

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supreme-court
www.npr.org
1 month ago
Law

The 14th Amendment : Throughline

The 14th Amendment has had a significant impact on various Supreme Court cases and legal decisions in the U.S.
The lofty phrases like due process, equal protection, and liberty in the 14th Amendment have played a central role in shaping American society. [ more ]
www.nytimes.com
3 months ago
US politics

Three Big Legal Questions

The Supreme Court appears skeptical of Colorado's effort to keep Donald Trump off the ballot
The court is considering who should decide the consequences of Trump's conduct: Washington, individual states, Congress, or the electorate [ more ]
www.nytimes.com
3 months ago
US politics

A Good Day for Trump and His Lawyers

The Supreme Court appears likely to overturn a ruling that removed Donald Trump from Colorado's presidential ballot
The justices were receptive to arguments that the provision in question does not apply to presidents and requires separate Congressional enforcement [ more ]
www.nytimes.com
3 months ago
US Elections

Dozens of House Republicans Declare Trump's Jan. 6 Actions Were Not Insurrection

House Republicans are trying to bolster Trump's claim that he did nothing wrong in connection to the events of January 6th.
They have signed onto a resolution declaring that Mr. Trump did not engage in insurrection in an effort to influence courts and state election officials. [ more ]
www.mediaite.com
3 months ago
Law

MSNBC Legal Analyst Tells Psaki Insurrectionist' Trump Has No Good Legal Arguments For Supreme Court Ballot Ban Case

President Trump is considered an insurrectionist by MSNBC legal analyst Neal Katyal.
Trump's legal arguments for the Supreme Court case about banning him from the ballot are weak. [ more ]
www.nytimes.com
3 months ago
US Elections

Trump Asks Supreme Court to Rule He Is Eligible to Hold Office

Donald Trump is urging the Supreme Court to reverse a ruling that barred him from the primary ballot in Colorado and declare him eligible to seek and hold the office of the presidency.
The case turns on Section 3 of the 14th Amendment, which bars those who engaged in insurrection or rebellion from holding office, unless Congress removes the prohibition with a two-thirds vote. [ more ]
moresupreme-court
us-supreme-court
www.theguardian.com
2 months ago
Law

Trump's apologists say it doesn't matter if he's guilty of insurrection. That's not true | Mark Graber

Prominent conservatives view Trump's innocence as irrelevant
US Supreme Court allows Trump to remain on the presidential ballot despite allegations of treason [ more ]
www.nytimes.com
2 months ago
US politics

Supreme Court Ballot Opinion Ends Uncertainty, but Not Anger

The U.S. Supreme Court unanimously decided that states cannot disqualify former President Trump based on the 14th Amendment.
The ruling angered Republicans who saw the lawsuits as undemocratic and rallied support for Trump's candidacy. [ more ]
www.theguardian.com
2 months ago
US politics

Trump was wrongly removed from Colorado ballot, US supreme court rules

The US Supreme Court ruled that Donald Trump was wrongly removed from Colorado's primary ballot, overturning the state court's decision.
The decision was a significant one as it involved interpreting the 14th amendment with regard to insurrectionist behavior by a candidate. [ more ]
ABA Journal
3 months ago
Law

Chemerinsky: Supreme Court will hear some of its biggest cases of the term this month

The U.S. Supreme Court will hear important cases this month, including Trump v. Anderson and Moody v. NetChoice.
Trump v. Anderson considers whether Trump is disqualified from being president due to the 14th Amendment. [ more ]
www.nytimes.com
4 months ago
Law

Oregon Supreme Court Lets Trump Stay on Primary Ballot, for Now

The Oregon Supreme Court has ruled that former President Donald J. Trump can remain on the state's primary election ballot for 2024, pending a decision from the U.S. Supreme Court on a similar challenge in Colorado.
More than 30 lawsuits have been filed in various states claiming that Trump is ineligible to serve as president due to his involvement in the insurrection on January 6th. Trump's campaign has argued that the 14th Amendment does not apply to him and has criticized the lawsuits as partisan and antidemocratic. [ more ]
english.elpais.com
4 months ago
US politics

Trump asks Maine judge for pause to let US Supreme Court rule on ballot access

Former President Donald Trump asks state judge to halt proceedings on ballot access in Maine to allow U.S. Supreme Court time to rule on a similar case in Colorado.
Maine Democrat Shenna Bellows barred Trump from running for presidency under Section 3 of the 14th Amendment, which prohibits those who engaged in insurrection from holding office. [ more ]
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supreme-court-ruling
New York Post
2 months ago
Law

A 9-0 Supreme Court ruling on Trump shows that democracy isn't partisan

A unanimous Supreme Court ruling upheld that states can't remove Trump from ballots based on a flawed interpretation of the 14th Amendment.
The ruling emphasizes the importance of fair legal interpretations and highlights the dangers of allowing partisan politics to influence judicial decisions. [ more ]
www.nytimes.com
2 months ago
US politics

Highlights of the Supreme Court's Opinions on Trump's Ballot Eligibility

States cannot bar presidential candidates using the 14th Amendment
U.S. Supreme Court ruled that states cannot enforce Section 3 of the 14th Amendment against federal officeholders. [ more ]
Above the Law
2 months ago
Law

SCOTUS Keeps Trump On The CO Ballot Because ... Eh, Whatever, It's All Vibes

The Supreme Court ruled that states cannot disqualify Trump from the ballot under Section 3 of the 14th Amendment.
The Court emphasized that Congress must pass implementing legislation for Section 3 to be enforced, preventing states from taking independent action. [ more ]
moresupreme-court-ruling
14th Amendment
www.nytimes.com
5 months ago
US Elections

Colorado Supreme Court Takes Up Trump's Eligibility to Be President

The Colorado Supreme Court is hearing arguments on whether former President Donald Trump is barred from holding office again under Section 3 of the 14th Amendment.
Several justices appeared skeptical of arguments made by Trump's lawyer, including the notion that Section 3 did not apply to the presidency. [ more ]
www.nytimes.com
5 months ago
US Elections

Opinion | Is Trump Disqualified From Holding Office? The Question Matters, Beyond Him.

State courts have declined to rule in favor of challenges asserting that Donald Trump should be disqualified from holding the presidency again under Section 3 of the 14th Amendment.
Challengers argue that Trump engaged in insurrection or rebellion against the country on January 6, 2021, but critics argue that invoking Section 3 is an attempt to short-circuit the ballot box.
Section 3 of the 14th Amendment was intended to prevent proponents of political violence from disenfranchising voters and is relevant in the aftermath of the January 6 attack on the Capitol. [ more ]
www.nytimes.com
5 months ago
Law

Colorado Supreme Court Agrees to Take Up Trump's 14th Amendment Case

The Colorado Supreme Court will hear an appeal regarding whether Donald Trump can remain on the state's primary ballot.
Plaintiffs argue that Trump's actions before and during the January 6 attack on the U.S. Capitol disqualify him from running.
Oral arguments are scheduled to begin on December 6, and a decision will impact Trump's eligibility for the 2024 election. [ more ]
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emptywheel
2 months ago
Left-wing politics

SCOTUS Lines Up Behind Trump's Defensive Strategy - emptywheel

Republicans on SCOTUS aligning with Trump in legal cases.
Majority decision in Colorado ballot case favors Trump. [ more ]
emptywheel
2 months ago
Left-wing politics

SCOTUS Invites Jack Smith to Supercede Trump with Inciting Insurrection - emptywheel

States cannot enforce the 14th Amendment for Federal offices
Congress must exclude insurrectionists from office [ more ]
The Nation
3 months ago
US politics

Donald Trump Makes a Mockery of the Constitution

The 14th Amendment, ratified in 1868, is the most far-reaching and significant amendment to the Constitution and is at odds with Trump's actions and policies.
Trump has violated not only the 14th Amendment, but also other parts of the Constitution, including the emoluments clause and appropriations clause. [ more ]
Truthout
3 months ago
US politics

Trump Isn't Simply Ignorant of the Constitution - He's Outright Hostile to It

The 14th Amendment to the Constitution is at odds with Donald Trump's goals of autocratic rule and white male privilege.
Trump has violated multiple parts of the Constitution, including the emoluments clause and appropriations clause. [ more ]
www.nytimes.com
3 months ago
US politics

A Legal Outsider, an Offbeat Theory and the Fate of the 2024 Election

Seth Barrett Tillman's unusual interpretation of the U.S. Constitution is gaining attention in the Supreme Court case regarding Donald Trump's eligibility for Colorado's primary ballot.
Tillman argues that the phrase 'officer of the United States' in the Constitution refers only to appointed positions, not the presidency. [ more ]
Slate Magazine
3 months ago
Law

The Trials Won't Stop Donald Trump From Becoming President Again. Here's What Might.

Should states be allowed to remove Donald Trump from the ballot based on the plain meaning of the 14th Amendment?
Should judges limit Trump's use of courtrooms as campaign stops and hate rallies? [ more ]
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