Can Trump Stay on the Ballot? Recapping Trump v. Anderson (with Rick Hasen and Derek Muller)
Feb 15, 2024
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Exploring Trump's eligibility to run for president amid insurrection concerns, with insights on the potential chaos in future elections. Delving into the complexities of presidential eligibility, state discretion, and the need for clarity. Advocating for a constitutional amendment for voting rights and sharing personal stories in the realm of election law and a transformative AI summer honors program.
Legal scholars discuss Trump's potential disqualification for an insurrection, highlighting constitutional and procedural uncertainties.
Supreme Court explores various legal interpretations in Trump v. Anderson case, raising concerns about state actions impact on national election.
Discussion emphasizes the challenges of allowing states to determine candidate eligibility, advocating for clarity and uniform standards.
Deep dives
The ongoing case involving Trump's eligibility for office based on insurrection involvement
The podcast episode delves into a recent case regarding former President Trump and his potential disqualification for participating in an insurrection. Scholars Rick Hasen and Derek Mueller discuss the constitutional provisions and legal questions surrounding Trump's eligibility for office, which has led to legal challenges across various states, raising factual, procedural, and legal uncertainties.
Legal arguments presented in the Supreme Court and potential outcomes
During an oral argument, the Supreme Court grapples with various legal interpretations, including whether Trump's actions qualify as engaging in insurrection, the applicability of Section 3 of the 14th Amendment, and potential off-ramps to resolve the case. Justices show concerns about states' disparate actions potentially impacting the national election and explore arguments related to Congress's role in disqualification scenarios.
Implications and challenges of leaving the decision to the states
The podcast highlights the practical challenges and implications of allowing individual states to determine a candidate's eligibility, raising concerns of potential chaos, political gamesmanship, and lack of uniformity in disqualification decisions. Insights from the oral arguments suggest a push towards achieving clarity and uniform standards to avoid a fragmented approach to candidate disqualification.
Differing legal perspectives and historical context surrounding the eligibility debate
Legal scholars present varied interpretations of the Constitution and historical context related to candidate qualifications, with arguments regarding the interpretation of insurrection engagement, the role of Congress in disqualification cases, and the unique challenges posed by the insurrection provision of the 14th Amendment. The discussion delves into intricate legal nuances and historical precedents shaping the eligibility debate.
The role of Election Assistance Commission and insights on election administration
The episode touches on election administration challenges, recount anecdotes, and the importance of election officials ensuring accurate ballot counts and recount procedures. The conversation emphasizes the role of Election Assistance Commission and state election administrators in ensuring fair and transparent election processes, highlighting the complexities and meticulous details involved in managing election disputes and recounts.
Co-hosts John Fortier and Don Palmer are joined by Rick Hasen (Professor of Law at UCLA Law) and Derek Muller (Professor of Law at Notre Dame Law School), to discuss Trump v. Anderson.
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