Democracy & Elections

Section 3, Insurrection, and the 2024 Election Event

Alan Z. Rozenshtein
Monday, October 30, 2023, 9:42 AM
Lawfare Senior Editor Alan Rozenshtein will give introductory remarks and moderate a conversation at 12:15 p.m. CT. 

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On October 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 Donald Trump from the 2024 presidential ballot.

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.

Watch the live event here or above.

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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