Democracy & Elections

The Lawfare Podcast: What Disqualifying Trump from the 2024 Ballot Would Mean for American Politics and Democracy

Alan Z. Rozenshtein, Larry Jacobs, Julia Azari, Ilya Somin, Eric Segall
Wednesday, November 1, 2023, 8:00 AM
The University of Minnesota Law School held a conference on the implications of Section 3 disqualification. This is one of the panels. 

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In the wake of Donald Trump's role in the attempt to overturn the 2020 election and the Jan. 6 attack on the Capitol, lawsuits in states around the country are seeking to disqualify him from the 2024 election. Challengers to his eligibility invoke Section 3 of the Fourteenth Amendment, which provides in relevant part that "No person shall . . . hold any office . . . under the United States . . . who, having previously taken an oath . . . as an officer of the United States . . . to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."

As of now, there are nearly two dozen states in which litigation is ongoing to bar Trump from the ballot, and that number is only expected to grow. Earlier this week, a Colorado district began a week-long bench trial and, this Thursday, the Minnesota Supreme Court will hear oral argument. And if a state does disqualify Trump, the United States Supreme Court will no doubt immediately hear the case.

On Monday October 30, the University of Minnesota Law School held a conference with leading law and political science scholars on "Section 3, Insurrection, and the 2024 Election: Does the Fourteenth Amendment Bar Donald Trump from the Presidency?" Today's Lawfare Podcast is a recording of one of the conference panels, which focused on the political implications of the Section 3 cases.

The moderator was Larry Jacobs of the Hubert H. Humphrey School of Public Affairs at the University of Minnesota, and the panelists were Julia Azari, a Professor of Political Science at Marquette University; Ilya Somin, a Professor of Law at George Mason University's Antonin Scalia Law School; and Eric Segall, a Professor of Law at the Georgia State College of Law.

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.
Larry Jacobs is a political scientist, professor at the University of Minnesota, and author of “Democracy under Fire: Donald Trump and the Breaking of American History.”
Julia Azari is a professor of political science at Marquette University.
Ilya Somin is Professor of Law at George Mason University, B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute, and author of Free to Move: Foot Voting, Migration and Political Freedom.
Eric Segall is the Ashe family chair professor of law at Georgia State University.

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