There are 80 minutes total allotted for arguments but the court is expected to go over that timeframe. A number of questions are likely to be debated: Is Trump an “officer” of the United States to whom Section 3 applies; who can enforce Section 3; and did Trump engage in...
Colorado Supreme Court to allow the House report on the attack on the Capitol on Jan. 6, 2021, to be used as evidence. That’s the first time the insurrection — the primary basis for the Colorado case and for all of the 14th Amendment cases — has been mentioned during these arguments...
the trial court found Trump "intentionally organized and incited" insurrection. Those findings are entitled substantial deference. Even though Trump himself wasn't violent, there is precedent for incitement as "engagement." The First Amendment doesn't...
Trump’s case was the first at the Supreme Court dealing with a provision of the 14th Amendment that was adopted after the Civil War to prevent former officeholders who “engaged in insurrection” from holding office again. Colorado’s Supreme Court, in a first-of-its-kind ruling, ...
Jonathan Mitchell, a Texas-based lawyer who argued on behalf of Trump, denied that the events of Jan. 6 constituted an insurrection, as the Colorado Supreme Court concluded. "For an insurrection, there needs to be an organized, concerted effort to overthrow the government of the United States...
The Supreme Court often takes a few months to craft opinions - and usually hands down its biggest cases at the end of its term in June. But because the court expedited the earlier stages of the Trump ballot case, it is likely the court will want to move quickly to decide the case, po...
Several members of the court questioned the scope of Section 3, and specifically whether it covers the former president and presidency. Trump's principle argument is that the disqualification provision does not apply to him. "Why didn't [the drafters] put the word president in the very enu...
The U.S. Supreme Court is expected to expedite the review of Trump's appeal on his eligibility, with a decision likely to be announced a few days or weeks after the arguments. Highlighting his recent victories in the Iowa and New Hampshire primaries, the former president's lawyers cautioned...
The U.S. Supreme Court is scheduled to hear oral arguments in the Colorado case on Feb 8. Section 3 of the 14th Amendment, ratified after the Civil War, says no person shall "hold any office" if as an "officer of the U.S." he or she previously "engage...
The atmosphere in the Supreme Court on Thursday was “much more tepid” when compared to the oral arguments held for Bush v. Gore in 2000, according to CNN senior Supreme Court analyst Joan Biskupic, who was in the courtroom for hearings during both cases. “Not only could you feel prett...