Unpacking the Supreme Court’s Fourteenth Amendment Ruling
Mar 11, 2024
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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.
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.
Enforcing Section 3 and Questions Ahead
The court's decision raises questions about the enforcement of Section 3 of the 14th Amendment, especially regarding federal officials. The majority opinion implies the necessity of congressional legislation to effectively enforce Section 3. However, the potential application of the congruence and proportionality test to such legislation may introduce ambiguity and challenges in future enforcement actions.
Congress's Power and Interpretation Challenges
The podcast discussion delves into the complexities of Congress's power to enforce Section 3 without specific legislation in the context of the 12th Amendment and the Electoral Count Reform Act. The uncertain scope of congressional authority in interpreting and implementing Section 3 poses potential challenges in addressing eligibility issues of candidates like Donald Trump.
Criticism and Legal Interpretation Analysis
Prominent legal scholars have criticized the Supreme Court's ruling as an 'originalist disaster' for its cursory treatment of Section 3 of the 14th Amendment. The opinion is deemed as disrespectful to the framers of the amendment and lacking in historical accuracy. The podcast panelists further discuss the shortcomings of the decision, highlighting contradictions and misinterpretations in its legal analysis.
On March 4, the Supreme Court ruled in Trump v. Anderson, holding that states cannot disqualify Donald Trump from appearing on the presidential ballot under Section 3 of the Fourteenth Amendment. Section 3 bars former officeholders who have since engaged in insurrection from taking future public office—and in recent months, a slew of lawsuits from voters and advocacy groups have pointed to the provision in seeking to strike Trump from the ballot in various states for his conduct on Jan. 6. The Court’s judgment rules out that possibility—but leaves a surprising amount of questions unsettled, in a way that may queue up chaos in the coming months.
To make sense of the Court’s ruling, Lawfare Senior Editor Quinta Jurecic spoke with fellow Senior Editor Roger Parloff, who has been closely watching the Section 3 cases; Ned Foley, an expert in election law at The Ohio State University; and Gerard Magliocca of Indiana University, who has been studying Section 3 since before it was cool.