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Friday, February 23, 2024

The Supreme Court’s Silver-Bullet Solution to the 14th Amendment Problem

The Supreme Court’s Silver-Bullet Solution to the 14th Amendment Problem

By a former federal and state prosecutor and a contributor to CAFE

Nobody knows for sure how this is going to go. No practitioner, no law professor, no retired judge, no Twitter icon, no TV analyst or former prosecutor (ahem) can rightly make bold declarations about how the ongoing legal Armageddon over the 14th Amendment will ultimately come out. We can have our views on what’s likely — I’ve got mine, and we’ll get to them — and we can draw on adjacent examples, but we’ve never seen anything quite like the ongoing effort to disqualify Donald Trump from the 2024 presidential ballot. As a wise federal judge once said to me after a difficult trial setback: “A little humility never hurt anyone.” So let’s start by acknowledging that this is new to all of us. We can learn together as we go.

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