The American Democracy Minute Radio Report & Podcast for March 5, 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.

In a unanimous decision March 4th, the U.S. Supreme Court reversed the decision of the Colorado Supreme Court to remove Donald Trump from the Colorado State ballot, ending state efforts to enforce the 14th Amendment’s Section 3.   

The court punted to Congress to enforce the 14th Amendment,  saying QUOTE “The Constitution empowers Congress to prescribe how those determinations should be made. The relevant provision is Section 5, which enables Congress, subject of course to judicial review, to pass ‘appropriate legislation’ to ‘enforce’ the Fourteenth Amendment.”

The court majority also noted that the states did in fact use the 14th Amendment to disqualify state candidates, but that QUOTE “Such power over governance, however, does not extend to federal officeholders and candidates.”

Both the decision and a concurrence by Justices Sotomayor, Kagan and Jackson, expressed concern that if the states had the power, it would result in a “patchwork” of decisions which could affect the outcome of the election.   But the concurrence raised alarms that the conservative majority overreached.  QUOTE:  “Although we agree that Colorado cannot enforce Section 3, we protest the majority’s effort to use this case to define the limits of federal enforcement of that provision.”

It’s unlikely Congress would agree on ANY legislation to disqualify former President Donald J. Trump.    

We have a link to the decision at AmericanDemocracyMinute.org  I’m Brian Beihl.

Today’s Links

Articles & Resources:
U.S. Congress – Fourteenth Amendment Section 3
Colorado Supreme Court  – Decision in Anderson v. Griswold
U.S. Supreme Court – Decision in DONALD J. TRUMP, PETITIONER v. NORMA ANDERSON, ET AL.
WHYY/Associated Press – Supreme Court restores Trump to ballot, rejecting state attempts to ban him over insurrection

Groups Taking Action:
Citizens for Responsibility and Ethics in Washington,  Protect Democracy

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #14thAmendment #TrumpCriminalTrials #SCOTUS

The post U.S. Supreme Court Unanimously Reverses Colorado Court’s Removal of Donald Trump from the State’s Ballot appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Feb. 12, 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.

After oral arguments were heard February 8th in Donald Trump’s 14th Amendment eligibility case, some legal scholars voiced concerns that the pending decision could have dangerous consequences.

Justices Kagan and Coney Barrett expressed skepticism that the framers would intentionally grant a power to the states that could change the outcome of a national election.  But Edward Foley of Ohio State University wrote in The Atlantic that the 14th Amendment intentionally gave states this power to prevent a rekindling of Confederates in power, however messy it might be.  

When asked what precedence there was for the Colorado decision, the plaintiff’s attorney cited one 1868 case where the Governor of Georgia disqualified a candidate for the U.S. House.   But Citizens for Responsibility and Ethics in Washington cites seven other cases, only two with convictions, where the 14th Amendment Section 3 was used by states to disqualify federal, state or local candidates.  In the federal cases, Congress refused to seat those candidates after an election. 

Election law scholar Richard Hasen of UCLA Law’s Safeguarding Democracy Project suggests in Slate that if Trump should be convicted in Federal court in one of his other cases, a SCOTUS decision ducking the 14th Amendment sets up a dangerous scenario where Trump wins the election, but a Democrat-controlled Congress disqualifies him and keeps him from taking office AFTER the election.  

We have links to these articles at AmericanDemocracyMinute.org.  I’m Brian Beihl.  

Today’s Links

Articles & Resources:
NPR – Supreme Court justices appear skeptical of effort to remove Trump from a state ballot
ScotusBlog – Supreme Court appears unlikely to kick Trump off Colorado ballot
Election Law Blog/Slate – My New One at Slate: “A Grand Bargain Is Emerging in the Supreme Court’s Trump Cases, But Chaos May Be Ahead”
The Atlantic – What the Colorado Oral Argument Missed

Citizens for Responsibility and Ethics in Washington – The precedent for 14th Amendment disqualification

Groups Taking Action:
Citizens for Responsibility and Ethics in Washington,  Protect Democracy

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #Insurrection #SCOTUS #14thAmendment #TrumpCriminalTrials #USSupremeCourt  #BallotEligibility

The post Scholars Question SCOTUS Lean Toward Not Allowing States to Ban Federal Candidates, as It Tries to Navigate a 14th Amendment Minefield appeared first on American Democracy Minute.

February 8th, 2024, 10 AM Eastern

We urge our listeners to tune into the oral arguments in the U.S. Supreme Court today, as former President Donald Trump challenges the ruling by the Colorado Supreme Court that he is ineligible for office. This is a historic moment in U.S. governing and democracy, and citizens who support the republic and the rule of law should be attentive.

Today’s live stream is available directly from the U.S. Supreme Court:

https://www.supremecourt.gov/oral_arguments/live.aspx

It is also scheduled to be available on CSPAN, PBS, and MSNBC.

Here is the text of the 14th Amendment, section 3:

See our past coverage of the 14th Amendment Section 3, and links from those pages will take you on a deep dive into the history and scholarly opinions on this issue.

The post U.S. Supreme Court Live Stream of Oral Arguments in Donald Trump’s Eligibility for Office Under the 14th Amendment, Section 3 appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Feb. 6, 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.

Thursday, February 8th, 10 AM Eastern, the U.S. Supreme Court hears a challenge from former President Donald Trump to Colorado’s decision to ban him from the state’s Presidential primary under the 14th Amendment.

https://www.supremecourt.gov/oral_arguments/live.aspx

The amendment’s Section 3 was implemented after the Civil War to keep former Confederate leaders from holding office. It specifies that an officer of the United States who took an oath to protect the Constitution but engaged in insurrection, or gave aid and comfort to those who did, is ineligible to hold office.

The questions likely to be raised by Trump’s lawyers are: Is the President an “officer of the United States” as defined by the Fourteenth Amendment Section 3? Does the Fourteenth Amendment even allow states to enforce Section 3, or is it solely Congress’ responsibility? And does blocking a political party from offering the candidates of its choice violate the party’s right to free speech?  Failure to meet any of these standards results in Trump remaining on the ballot.

The Colorado Supreme Court found 25 instances where the Constitution referred to the “office” of  President.  It also found that the evidence substantiated that Trump engaged in insurrection, and that a conviction was not required to meet this standard.

We have links to an excellent explanation of the issues at ScotusBlog, and a link to the U.S. Supreme Court’s Thursday audio feed at AmericanDemocracyMinute.org.  I’m Brian Beihl.  

Today’s Links

Articles & Resources:
U.S. Congress – Fourteenth Amendment Section 3
Lawfare –  Section 3 Disqualifications for Democracy Preservation
American Democracy Minute – Colorado Supreme Court Rules Trump was a “Officer of the United States” Participating in Insurrection, and Bars Him from the State’s Ballot.  A SCOTUS Challenge is Likely.
Colorado Supreme Court  – Decision in Anderson v. Griswold
ScotusBlog – Supreme Court to decide whether insurrection provision keeps Trump off ballot
U.S. Supreme Court – Thursday, February 8, 10 AM, Live Audio Link

Groups Taking Action:
Citizens for Responsibility and Ethics in Washington,  Protect Democracy

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy #DemocracyNews #14thAmendment #Insurrection #TrumpIneligible 

The post SCOTUS Hears Oral Arguments Thursday in Trump’s 14th Amendment-Based Removal from Colorado’s Ballot appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Jan. 31, 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.

While we wait for the U.S. Supreme Court to rule on former President Trump’s appeal to the Colorado 14th amendment ballot eligibility decision, we have updates on other recent state cases. 

In Massachusetts on Jan. 29th, the state’s ballot law commission ruled against two challenges, saying that the body did not have jurisdiction.  In Maine, a court kept Trump on the ballot after the Secretary of State’s decision to remove him, pending the U.S. Supreme Court appeal in February. 

An Illinois Board of Elections’ hearing officer said Tuesday that the Board of Elections can only rule on Illinois election code matters, not the U.S. Constitution, and recommended dismissing the case.  But Capital News Illinois reports that the judge also said that if the board chose not to dismiss, QUOTE “President Trump engaged in insurrection, within the meaning of Section 3 of the Fourteenth Amendment, and should have his name removed from the March, 2024 primary ballot in Illinois.” 

States having already dismissed challenges include Washington, California, Michigan, Minnesota, Oregon and New Hampshire, some which could be reconsidered based on the outcome of the Supreme Court’s decision.

Ten more minor cases remain pending. Several others have been withdrawn by the plaintiffs, according to Lawfare. 

We have links to more information on these challenges at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
American Democracy Minute – Court Challenges to Trump’s Ballot Eligibility are Pending in 17 States.   Losses in Colorado & Michigan are Being Appealed.
PBS Newshour – Supreme Court to hear Trump ballot case that could upend 2024 presidential election
The Hill – Trump candidacy challenge dismissed in Massachusetts
The Hill – Maine judge defers decision on Trump 14th Amendment question until Supreme Court rules
CNN – Illinois election board hears objection to Trump candidacy based on January 6 insurrection

Capital News Illinois – State election board to rule on challenge to Trump candidacy
Lawfare – Tracking Trump Section 3 Challenges
CNN – Tracking the major 14th Amendment efforts to remove Trump from the 2024 ballot

Groups Taking Action:
Free Speech for People, Citizens for Responsibility & Ethics in Washington (CREW)

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #14thAmendment #BallotDisqualification #Insurrectionists

The post The U.S. Supreme Court hears the Appeal of Donald Trump’s Eligibility in February, But Where Do the Many State Cases Stand? appeared first on American Democracy Minute.