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The Lawfare Podcast

Unpacking the Supreme Court’s Fourteenth Amendment Ruling

Mar 11, 2024
The podcast discusses the Supreme Court's ruling on disqualifying Trump under the Fourteenth Amendment, leaving many questions unanswered. Experts analyze the implications, internal dynamics of the ruling, historical context, and challenges of enforcing Section Three. They also touch on protecting personal information online and the complexities of election law.
49:09

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Quick takeaways

  • The Supreme Court's ruling in Trump v. Anderson clarified that states cannot disqualify a former officeholder like Donald Trump from the presidential ballot for engaging in insurrection, highlighting the importance of congressional legislation for enforcement of Section 3 of the 14th Amendment.
  • The court's decision underscored the need for congressional action to effectively apply Section 3 of the 14th Amendment to federal officials, raising concerns about the potential challenges and ambiguities that may arise in future enforcement actions.

Deep dives

The Supreme Court's Ruling on Section 3 of the 14th Amendment

The Supreme Court's ruling in Trump v. Anderson on Section 3 of the 14th Amendment held that states cannot disqualify a former officeholder like Donald Trump from the presidential ballot for engaging in insurrection. This ruling leaves questions unsettled and may lead to chaos in the future. To enforce Section 3 against federal officials, the court suggested the need for congressional legislation and highlighted the critical role of Section 5 of the 14th Amendment.

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