Courts & Litigation Democracy & Elections

Minnesota Moves Forward on Section 3 Case Against Trump

Hyemin Han
Thursday, September 21, 2023, 4:20 PM
Parties in a Fourteenth Amendment Section 3 challenge against Trump are being asked to address key questions on the statute’s interpretation.

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On Sept. 20, Minnesota Supreme Court’s chief justice ordered that petitioners in the state bringing a Section 3 challenge against former president Donald Trump file briefs addressing key Section 3 interpretation questions. Justice Lorie Gildea gave petitioners until Oct. 4 to make arguments about the justiciability of their claim and their interpretations of the legal construction of Section 3. The latter includes, but is not limited to, whether Section 3 is self-executing, is meant to disqualify potential presidential candidates, and applies to someone who once served as president. 

The order also granted the Republican Party of Minnesota’s unopposed motion to intervene in the case as a respondent. The Republican Party of Minnesota, as well as original respondent Minnesota Secretary of State Steve Simon, will have to file briefs on their interpretations of Section 3’s legal construction as well.

Oral arguments are currently set to begin on Nov. 2.

You can read the order here or below: 

Hyemin Han is an associate editor of Lawfare and is based in Washington, D.C. Previously, she worked in eviction defense and has interned on Capitol Hill and with the U.S. Mission to the United Nations. She holds a BA in government from Dartmouth College, where she was editor-in-chief of The Dartmouth independent daily.

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