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Bloomberg Law

Attempts to Keep Trump Off the Ballot

Nov 29, 2023
Elections law expert Richard Briffault and Bloomberg Law Supreme Court Reporter Kimberly Strawbridge Robinson discuss attempts to keep Trump off the ballot, including legal challenges under the 14th Amendment. They also explore the implications of recent court rulings on voting rights and the pressure faced by federal public defenders. The podcast touches on the conservative nature of the eighth circuit and the expansion of the Second Amendment.
33:57

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Quick takeaways

  • Challenges to former President Donald Trump's eligibility to be a presidential candidate based on his actions during the January 6th attack on the Capitol could have significant implications for future elections and the interpretation of the 14th Amendment.
  • A recent ruling by the 8th Circuit Court of Appeals threatens to limit the ability of individuals to challenge voting rights violations under the Voting Rights Act of 1965, which could have far-reaching implications for voting rights across the country.

Deep dives

Legal Challenges Under the 14th Amendment

A series of legal challenges have been brought against former President Donald Trump's eligibility to be a presidential candidate based on his actions during the January 6th attack on the Capitol. These challenges center around the interpretation of Section 3 of the 14th Amendment, which prohibits individuals who have engaged in insurrection against the Constitution from holding certain offices in the United States. Courts in Colorado, Michigan, and Minnesota have so far refused to disqualify Trump under this provision, although a judge in Colorado did find that he engaged in insurrection during the attack. The issue of whether the presidency is considered an office under the United States is also being debated. The ultimate resolution of these challenges remains uncertain, but it could have significant implications for future elections and the interpretation of the 14th Amendment.

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