UPDATE: the recording is now available on the College of Law’s YouTube channel.
Election season is well underway with a looming question that may -- or may not -- be resolved by the U.S. Supreme Court before Super Tuesday (March 5): whether the 45th U.S. president is eligible to serve another term in our country's highest office. Resolution, not disqualification, is the focus of Distinguished Visiting Professor Edward (Ned) Foley and his colleagues' amicus brief to the U.S. Supreme Court in Trump v. Anderson. The Court will hear oral arguments next Thursday, February 8, 2024.
Professors Foley's brief is available, together with all other briefs and filings for Case 23-719, from the the Supreme Court website.
The question presented is: Did the Colorado Supreme Court err in ordering President Trump excluded from the 2024 presidential primary ballot?
Back on December 19, 2023, the Colorado Supreme Court, in a narrow 4-3 decision, held that:
"President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment to the United States Constitution. Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate on the presidential primary ballot. The court stays its ruling ... subject to any further appellate proceedings."
To help us prepare for next week's oral arguments, on Monday, February 5, Professor Foley, Ebersold Chair in Constitutional Law at Ohio State University, will be in conversation with University of Arizona Professor Andrew Coan, Riepe Chair in Constitutional Law and Director of the Rehnquist Center, to discuss, "Trump's Eligibility for Reelection: What Will the Supreme Court Decide?"
Spoiler alert: In their amicus brief, Prof. Foley et al argue that the Court has a duty to decide the merits of the case now, prior to the presidential election, and that, "failure to resolve the merits now would place the Nation in great peril . . . [D]elay risks catastrophe." Amici, in urging the Court to decide Trump's eligibility for reelection now, presents several realistic post-election scenarios should they not, and each scenario predictably "invites disaster for the Nation."
The February 5 special event with professors Foley and Coan, "Trump's Eligibility for Reelection: What Will the Supreme Court Decide?", is sponsored by the William H. Rehnquist Center on the Constitutional Structures of Government, and is free and open to the public. You must register to attend the event in person or via Zoom. All are welcome!
UPDATE: the recording is now available on the College of Law’s YouTube channel.
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