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The Lawfare Podcast: The Colorado Supreme Court Has Its Day

Benjamin Wittes, Roger Parloff, Gerard Magliocca, Jen Patja
Thursday, December 21, 2023, 8:00 AM
What happens next now that the CO Supreme Court has banned Trump from the primary ballot?

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In an end-of-the-day ruling on Tuesday, the Colorado Supreme Court struck Donald Trump from the Republican primary ballot on grounds that he was disqualified for the presidency as a result of Section 3 of the 14th Amendment. The decision now appears to be fast-tracked to Supreme Court consideration that could obliterate it or make it apply nationally. 

To go over all the twists and turns, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff and Gerard Magliocca, a professor at the University of Indiana, who wrote a key law review article on Section 3 of the 14th Amendment. They talked about the Colorado decision—where it's strong, and where it's less strong. They talked about how this is going to land at the Supreme Court—which parts the justices are likely to accept, and which parts they're going to pick apart. They talked about the politics of it all, and they talked about what it means to engage in insurrection.

Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.
Roger Parloff is a journalist based in Washington, D.C. In recent years, he has regularly contributed to Yahoo Finance and Air Mail News, and has also been published in The New York Times, ProPublica, New York, and For 12 years, he was the main legal correspondent at Fortune Magazine. He is an attorney who no longer practices. He is a senior editor at Lawfare.
Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of four books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. In 2008, Professor Magliocca held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013. In 2014, Professor Magliocca received the Indiana University Trustees Teaching Award.
Jen Patja is the editor and producer of The Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.

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