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In the past few weeks, there have been several notable developments in lawsuits seeking to disqualify Donald Trump from the 2024 election under Section 3 of the 14th Amendment. The Minnesota Supreme Court dismissed a case against Trump but invited the petitioners to refile once Trump won the GOP nomination. A court in Michigan rejected a challenge to Trump's eligibility on the grounds that Congress, not the courts, should ultimately decide. And, most recently, a Colorado trial court held that, although Trump did engage in insurrection before and during Jan. 6, Section 3 does not apply to presidents.
As these and other cases make their way through the courts, and with the potential that the Supreme Court will at some point weight in, we're bringing you another portion of a conference held last month at the University of Minnesota Law School (for a previous excerpt, see the November 1 edition of the Lawfare Podcast). This panel, focusing on the interplay between the Section 3 challenges and election law, was moderated by University of Minnesota Law School Professor Nick Bednar, and featured Professor Ned Foley of the Ohio State College of Law, Professor Derek Muller of Notre Dame Law School, and Professor Andrea Katz of Washington University School of Law.