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Event: Section 3, Insurrection, and the 2024 Election

Alan Z. Rozenshtein
Tuesday, October 10, 2023, 12:28 PM

The University of Minnesota Law School will hold a conference to discuss the ongoing lawsuits to disqualify former President Donald Trump from the 2024 election ballot under Section 3 of the Fourteenth Amendment.

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On Oct. 30, the University of Minnesota Law School, in collaboration with the Center for the Study of Politics and Governance at the Hubert H. Humphrey School of Public Affairs, the American Constitution Society, and the Federalist Society will hold a conference bringing together legal and policy experts to discuss the ongoing lawsuits to disqualify former President Donald Trump from the 2024 presidential ballot. You can register for the conference here.

Challenges to Trump's eligibility allege that, through his actions around the 2020 election and the January 6 attack on the Capitol, he violated Section 3 of the Fourteenth Amendment, which provides that “No person shall . . . or hold any office . . . under the United States . . . who, having previously taken an oath . . . as an officer of the United States, . . . shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”  

The conference will coincide with major litigation in two ongoing Section 3 cases: the November 2 oral argument in the Minnesota supreme court and an evidentiary hearing, which will begin on October 30, in a Colorado trial court. These are the first two cases challenging Trump’s eligibility, and, especially if either result in Trump’s disqualification, will likely be heard by the United States Supreme Court.

Confirmed attendees include:

  • Julia Azari, Professor of Political Science, Marquette University
  • Nicholas Bednar '16, Associate Professor of Law, University of Minnesota Law School
  • Elizabeth Bentley, Visiting Assistant Professor of Law, University of Minnesota Law School
  • Josh Blackman, Professor of Law and Centennial Chair of Constitutional Law, South Texas College of Law Houston
  • Ned Foley, Charles W. Ebersold and Florence Whitcomb Ebersold Chair in Constitutional Law, Ohio State Moritz College of Law
  • Mark Graber, University System of Maryland Regents Professor, University of Maryland Francis King Carey School of Law
  • Kristin Hickman, McKnight Presidential Professor of Law, University of Minnesota Law School
  • Lawrence R. Jacobs, McKnight Presidential Chair in Public Affairs and director of the Center for the Study of Politics and Governance, University of Minnesota Hubert H. Humphrey School of Public Affairs
  • Andrea Katz, Associate Professor of Law, Washington University School of Law in St. Louis
  • Kurt Lash, E. Claiborne Robins Distinguished Chair in Law, University of Richmond School of Law
  • Derek T. Muller, Professor of Law, Notre Dame Law School
  • Michael Paulsen, Distinguished University Chair and Professor, University of St. Thomas School of Law
  • Alan Z. Rozenshtein, Associate Professor of Law, University of Minnesota Law School, and Senior Editor, Lawfare
  • Eric Segall, Ashe Family Chair Professor of Law, Georgia State University College of Law
  • Ilya Somin, Professor of Law, George Mason University, and B. Kenneth Simon Chair in Constitutional Studies, Cato Institute
  • David J. Zoll, Charles N. Nauen, and Rachel A. Kitze Collins, Lockridge Grindal Nauen P.L.L.P. (counsel for petitioners challenging Trump’s eligibility in the Minnesota Supreme Court)

You can find more details on the conference here. Register online here.


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Alan Z. Rozenshtein is an Associate Professor of Law at the University of Minnesota Law School, a senior editor at Lawfare, and a term member of the Council on Foreign Relations. Previously, he served as an Attorney Advisor with the Office of Law and Policy in the National Security Division of the U.S. Department of Justice and a Special Assistant United States Attorney in the U.S. Attorney's Office for the District of Maryland.

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