• Why the Trump Ballot Case Is the Ultimate Test of Originalism

  • Feb 7 2024
  • Length: 28 mins
  • Podcast

Why the Trump Ballot Case Is the Ultimate Test of Originalism

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  • Summary

  • This week, the Supreme Court will hear oral arguments in a case that has the potential to remove Donald Trump from the ballot in Colorado, and possibly across the country. At issue is the Fourteenth Amendment provision that prohibits the leader of an insurrection from holding office, and whether the clause can be applied to Trump’s role in the January 6, 2021, attack on the Capitol. The New Yorker staff writer Jill Lepore, along with other notable historians, wrote an amicus brief that contextualizes the law. “This court has made momentous decisions in the last few years, certainly in the last two decades, in the name of an originalist interpretation of the Constitution,” she tells Tyler Foggatt. “And the only originalist interpretation of the Constitution available to them in this case is that Donald Trump cannot run for President of the United States.”
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