Supreme Court skeptical that Colorado − or any state − should decide for whole nation whether Trump is eligible for presidency
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February 08, 2024
Derek T. Muller, Professor of Law, University of Notre Dame -
The Conversation
Both liberal and conservative justices weighed in during oral arguments before the U.S. Supreme Court on Feb. 8, 2024, asking questions concerning whether a constitutional provision, Section 3 of the 14th Amendment, gave states too much power to affect a national election.
Colorado’s highest court relied on the provision in a December 2023 ruling that the state could bar former President Donald Trump from the state’s primary ballot because they determined he committed insurrection.
“Why should a single state have the ability to make this determination, not only for their own citizens, but for the rest of the nation?” asked liberal Justice Elena Kagan on Feb. 8.
The Conversation’s senior politics and democracy editor, Naomi Schalit, spoke with Notre Dame election law scholar Derek Muller after the oral arguments.
Muller had submitted an amicus brief to the court “in support of neither party” in the case, using the opportunity to describe some concerns for the court’s consideration about whether and how states go about the business of judging qualifications of candidates before putting their names on the ballot.
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