Understanding The 14th Amendment Case Against Donald Trump

Will the 14th Amendment prevent Donald Trump from running for president? It’s an idea that has gone from a longshot hope of liberal activists, to a buzzed about theory among respected legal scholars to a very real threat to Trump’s candidacy. In a bombshell decision earlier this week the Colorado Supreme Court ruled that Trump engaged in insurrection and should not be allowed to participate in the state’s Republican primary. The former president has said he will appeal to the U.S. Supreme Court, which is expected to quickly take up the case. “Whatever happens in this case, I think we’ll likely be surprised,” says Jeffrey Rosen, president of the National Constitution Center, a nonpartisan organization whose mission is to educate the public about the country’s founding document. He says there is simply no precedent for how to treat a presidential candidate who has been ruled “an insurrectionist." “It’s impossible to predict the outcome according to the ordinary rules of constitutional interpretation, because they just don’t apply,” he adds. Jeffrey Rosen joins Diane to talk about the Colorado court’s legal arguments, and the consequences of the ruling for Trump, the judiciary, and the country.

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Diane Rehm’s weekly podcast features newsmakers, writers, artists and thinkers on the issues she cares about most: what’s going on in Washington, ideas that inform, and the latest on living well as we live longer.