Should Donald Trump be on the Colorado primary ballot?

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Air date: 
Wed, 12/27/2023 - 9:00am to 9:30am
Harvard law professor, Lawrence Lessig
He's not now (sort of), but it may soon be moot.

In September, representative of a nationwide effort, activists and lawyers filed a lawsuit to remove Donald Trump from Colorado's election ballots via Section 3 of the 14th Amendment to the U.S. Constitution.  

The initial District Court ruling (pdf) declared that while Trump was an insurrectionist, the Amendment didn't apply to people pursuing the presidency, so he stayed on the ballot.

On an appeal to the Supreme Court of Colorado, they reversed the District Court and said (pdf) Trump should be removed from the ballot.  This was an unprecedented legal action.

Understandably there was much celebrating and complaining as a result, including a fresh wave of threats against the involved justices, itself part of a disturbing trend.

To help analyze and explain this confusing legal morass, I've enlisted Lawrence Lessig, the Roy L. Furman Professor of Law and Leadership at Harvard Law School.  He's a constitutional law expert who both does not like Donald Trump and firmly believes the Supreme Court of the United States must reverse the Colorado decision, re-placing Trump on the Colorado (and ostensibly all other) ballots.  Tune in to find out why.

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