Page 223 - 14th Amendment News Today

Anything other than the law, which might turn out in trumps favor in this instance, would be the guiding post. >> judges certainly say that. now in practice, in any case, especially hard cases, and this is a hard case. the reason why this case is difficult is because the particular provision of the constitution, section 3 of the 14th amendment, deals with what happens if an official who formerly was in very high office then engages in an insurrection against the united states. we are very fortun...

He will step up. those people will step up. not because they are pro trump, but because they are pro law and pro fairness and the lawness is very clear. >> how do you interpret that? >> sounds like a dog whistle to me. that is an absolute message to brett kavanaugh through his spokesperson and his lawyer that look, i went through hell for you, i stepped up for you. if you recall, those hearings were quite contentious with the accusations of sexual assault against brett kavanaugh. and basically, ...

Possibilities. this is a political question that only congress can decide, for example, or a ruling that it is not apply to the president. or that congress needs to have some sort of executing legislation before this becomes actionable. there are a lot of different issues at work here that could give the supreme court a way out without squarely addressing that substantive issue. >> so then, paul, how do you think the originalists interpretation of the 14th amendment will factor into how the cons...

Him, but not because he went through hell for kavanaugh but because he cares about the law. >> yeah. well, the law here -- there are some questions, i think, that the supreme court will have to grapple with. one of them is, does the 14th amendment apply to the president? in other words, is the president an officer? because its not named. hes not named as a title or a job description in that amendment. i think its pretty clear it does apply to the presidency. another question that i think he also...

Interpret colorado law. that is one of the arguments that donald trump raises, and its one of the reasons that we are seeing all these different kinds of outcomes all over the country. neil gorsuch himself is quoted as saying in an opinion he offered when he was not on the supreme court but was still a lower court judge and said, its up to states to decide who gets on the ballot. i think that the process is going to be with all of these states, and though be deference to the states, but what the...

Congressman, as a constitutional law professor, also someone at the capitol, how do you understand section three of the 14th amendment? did donald trump engage in insurrection? >> absolutely, he did. if it were just a mere riot, donald trump would not have gotten the women for america first to change the permit for their protests on january 20th, when they were planning to protests at president bidens inauguration, to january six. he told him it was not over yet. he was the one for the first tim...

Abby phillip starts right now. >> if democracy is on the ballot, it could also be on the docket tonight on news night. good evening, im abby phillip from new york. an unprecedented decision for an unprecedented time in america. can a state kick donald trump off the ballot over the 14th amendment, which bars insurrectionists from holding office. now the nations highest court will soon decide that very question. the supreme court tonight announced that it will take up colorados case, which means...

Issue. and, they are throwing a lot of spaghetti at the wall, in order to deny the very clear meaning of section three of the 14th amendment. but, even jefferson davis, who was put on trial in virginia for treason, set, of course, he was disqualified from being president for his participation in the succession, insurrection and are billion. he used that to observe and try to use double jeopardy, which was ridiculous argument. the whole premise of the argument was, of course, he was disqualified ...

>> jennifer, the court doesnt have to address all the issues. >> i think they have to decide on a ground common to all states. there was some due process in colorado. that will not be good enough. sure, they could decide for example, office of the presidency isnt included in the offices under this provision and that would apply to all. >> even on the insurrection thing, the 14th amendment does not say that someone need to be convicted of it. merely that they engaged in it. >> right. and that is ...

With the title of justice. they are not just called just a judge or your honor. theyre called justice. which means they have a calling to history here. now, is the real moment of reckoning and truth for these justices. obviously, they have acted somewhat like partisan servants in the past towards the republican party platform. they overturned more than a half century of precedent to abolish the womens right to choose in roe v. wade. they overturned affirmative action. so, they have definitely fo...