The American Democracy Minute Radio Report & Podcast for Jan. 1, 2024
Today’s Script
(Variations occur with audio due to editing for time. Today’s Links below the script)
You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.
December 27th, state Republicans appealed former President Donald Trump’s disqualification from the Colorado primary ballot to the U.S. Supreme Court. The Fourteenth Amendment seems clear: If you took an oath and supported an insurrection, you’re disqualified from holding office. But it’s far from simple, and untested legal territory.
In the appeal of the Colorado decision, Republicans argue three things: Is the President an “officer of the United States” as defined by the Fourteenth Amendment Section 3? Does the Fourteenth Amendment allow states to “Self Execute” Section 3, or does Congress need to authorize it? And, does blocking a political party from offering the candidates of its choice violate the party’s right to free speech under the First Amendment?
Other issues raised by scholars include whether Donald Trump can be barred from the ballot without due process. While there appears to be ample evidence, the former President has not yet been convicted of insurrection. UCLA election law scholar Rick Hasen told PBS NewsHour that the Constitution doesn’t specify what body gets to determine whether a candidate has engaged in insurrection. In Colorado, it was a trial court judge and not a jury. In Maine, it was the Secretary of State.
Hasen added that if Trump prevails on any of these questions, he’s likely to remain on the ballot.
Find more analysis and the Colorado Republicans’ appeal at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
Reuters – Republicans appeal Trump Colorado ballot disqualification to US Supreme Court – attorney
Cato Institute – Trump’s Disqualification: A Primer
Colorado Republican Central Committee – Appeal to the U.S. Supreme Court
Politico – US Supreme Court officially asked to take up Trump’s 14th Amendment issue
New York Times – (Possible paywall) How the Supreme Court May Rule on Trump’s Presidential Run
Daily Beast – (Opinion) Here’s What SCOTUS Should Do With the Trump Ballot Cases
Brennan Center for Justice – (Opinion/Analysis) Accountability for Trump
Groups Taking Action:
Free Speech for People, Citizens for Responsibility and Ethics in Washington (CREW), Mi Familia Vota
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#Democracy #DemocracyNews #Insurrection #14thAmendment #USSupremeCourt #SCOTUS #ColoradoPolitics #CREW