Created Equal: Are voters’ rights at risk if Trump is kept off Colorado ballot?
University of Michigan Law Professor Richard Primus joined the show on Tuesday to discuss the implications of the pending ruling.
The U.S. Supreme Court is seen, Thursday, Feb. 8, 2024, in Washington.
The U.S. Supreme Court heard arguments this past week in a historic case that could decide whether Donald Trump is ineligible for the 2024 ballot under Section 3 of the 14th Amendment.
The dispute comes from Colorado, where a divided state Supreme Court declared Trump ineligible for the White House under the U.S. Constitution’s insurrection clause, removing him from the state’s presidential primary ballot.
The plaintiffs in the case — a group of Colorado voters — argue that Trump isn’t constitutionally qualified to run for president because he “engaged in insurrection or rebellion”on Jan. 6, 2021. Trump appealed the Colorado Supreme Court decision to the U.S. Supreme Court, arguing that the case is one of overreach.
Though not as often applied in case law, the 14th amendment does prevent someone who participated in an insurrection from running for president. But, could removing Trump from the ballot in Colorado set a precedent that deprives voters of their choices, now and in the future? University of Michigan Law Professor Richard Primus joined Stephen Henderson on Created Equal on Tuesday to discuss the implications of the pending U.S. Supreme Court ruling.
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Guest:
Richard Primus is a law professor at the University of Michigan and a senior editorial adviser of the Journal of American Constitutional History. He says the constitutional system is not built to handle the issues the era of Trump has given us.
“I often say to my students… the first rule of constitutional government is the same as the first rule of playground basketball. If you don’t respect your opponent and the spirit of the game, if you’re not willing to have fouls called on you and take your losses, the game will break down,” Primus said.
“…You have to be willing to back down from a fight sometimes, and say ‘I lost this round’ and move on.”
The Associated Press contributed to this report.
Listen to Created Equal with host Stephen Henderson weekdays from 9-10 a.m. ET on 101.9 WDET and streaming on-demand.
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