Insurrection and Eligibility: Analyzing Section 3 of the 14th Amendment

Colorado’s Supreme Court ruled that Donald Trump was ineligible for the Presidency under Section 3 of the 14th Amendment, following a trial, a verdict, and appeals.  The January 6th commission had numerous findings of fact that seemed damning to the former President.  The Special Counsel brought charges against him related to the fateful day.  But the Supreme Court unanimously ruled against Colorado; the Justice Department is dropping their case; the January 6th commission has disbanded. Meanwhile there has been no ruling that Trump did not in fact violate Section 3.  Does it exist?  And if it does, what are the implications for Congress’ certification of the vote in early January 2025?  We return to this subject even as the nation seems to be leaving it behind.  Also - an early look at some of the background to the recess appointment article authored by Prof. Amar and others which will appear soon, and a celebration of a great man and a great historian.  CLE credit is available from podcast.njsba.com.