{"id":6207,"date":"2023-11-02T19:21:05","date_gmt":"2023-11-02T19:21:05","guid":{"rendered":"https:\/\/connectwithfund.com\/politics\/minnesota-supreme-court-appears-skeptical-of-removing-trump-from-2024-ballot\/"},"modified":"2023-11-02T19:21:05","modified_gmt":"2023-11-02T19:21:05","slug":"minnesota-supreme-court-appears-skeptical-of-removing-trump-from-2024-ballot","status":"publish","type":"post","link":"https:\/\/connectwithfund.com\/?p=6207","title":{"rendered":"Minnesota Supreme Court appears skeptical of removing Trump from 2024 ballot"},"content":{"rendered":"
\n

\n Some members of the Minnesota Supreme Court appeared skeptical of removing Donald Trump from the 2024 ballot, and posed difficult questions at a hearing Thursday to the challengers who claim he is disqualified under the 14th Amendment\u2019s insurrectionist ban.\n <\/p>\n

\n But there was also some openness to the challengers\u2019 request to hold future hearings to flesh out the arcane constitutional matters at stake. The justices said they would issue a decision at a later time.\n <\/p>\n

\n A group of Minnesota voters\u00a0filed the lawsuit\u00a0to block Trump from the ballot, asking the justices to enforce Section 3 of the 14th\u00a0Amendment, which was ratified after the Civil War and says American officeholders who \u201cengaged in insurrection\u201d are prohibited from holding future office.\n <\/p>\n

\n This is one of several anti-Trump candidacy challenges across the country. A related weeklong trial is\u00a0underway in Colorado\u00a0and a similar case in Michigan is scheduled for oral arguments next week.\n <\/p>\n

\n Minnesota Supreme Court Chief Justice Natalie Hudson said she was \u201cconcerned\u201d that taking the drastic step of removing Trump from the state\u2019s ballot would lead to \u201cchaos\u201d of \u201c50 different states \u2026 deciding this question differently.\u201d\n <\/p>\n

\n \u201cLet\u2019s say we agree with you that Section 3 is self-executing, and that we do have the authority under the relevant statute to keep Mr. Trump\u2019s name off the ballot. Should we \u2013 is the question that concerns me the most,\u201d Hudson said.\n <\/p>\n

\n Associate Justice Barry Anderson said he saw a \u201cvery serious problem\u201d with the challengers\u2019 argument that courts are the appropriate venue to resolve this \u201cpolitical question.\u201d (Just last week, a federal court in New Hampshire rejected a similar lawsuit, citing those grounds.) Hudson also said the Constitution as a whole suggests \u201cthis is a national matter for Congress to decide.\u201d\n <\/p>\n

\n \u201cAt best, there\u2019s mixed authority out there,\u201d Hudson said. \u201cI guess my question then, is doesn\u2019t that suggest we use caution and some judicial restraint and maintain the status quo, if you will?\u201d\n <\/p>\n

\n Four of the five justices who participated in the hearing were appointed by Democratic governors.\n <\/p>\n

\n Derek Muller, an election law expert at Notre Dame Law School, filed a brief in the case that was neutral on Trump\u2019s eligibility but offered analysis of key legal questions. After the hearing, he told CNN that it looks like the court was inclined to stay out of \u201ccontested political disputes\u201d like disqualifying Trump.\n <\/p>\n

\n \u201cThe justices seemed skeptical that Minnesota Supreme Court should hear a claim like this,\u201d Muller said.\n <\/p>\n

\n An attorney for the anti-Trump challengers, Ron Fein, urged the justices to \u201cuphold the US Constitution and defend American democracy\u201d by ruling that Trump is disqualified from office. Fein is the legal director at Free Speech For People, a liberal-leaning advocacy group backing the anti-Trump challenge in Minnesota.\n <\/p>\n

\n \u201cBeginning before the 2020 election and culminating on January 6, 2021, Donald Trump engaged in rebellion and insurrection against the Constitution of the United States in a desperate attempt to remain in office after losing the election,\u201d Fein said. \u201cSection 3 of the 14th Amendment protects the Republic from oath-breaking insurrectionists because its framers understood that if they\u2019re allowed back into power, they will do the same or worse.\u201d\n <\/p>\n

\n Some of the justices peppered him with sharp questions, suggesting he faces an uphill battle to get Trump\u2019s name off the ballot. Pressed on the possibility of nationwide chaos if Trump is removed from some ballots but kept on others, Fein said, \u201ccourts must follow the law even if it is inconvenient.\u201d\n <\/p>\n

\n Trump attorney Nicholas Nelson argued that past rulings in 14th\u00a0Amendment candidacy cases \u201coverwhelmingly\u201d say that judges should stay out and leave the issue to Congress or to the voters.\n <\/p>\n

\n \u201cThere is no more political question in our Constitutional order than who should be president\u2026\u00a0 it\u2019s for that reason that, when parties asked the courts to step into that process and to decide who can or can\u2019t be president, the courts overwhelmingly say that\u2019s not a decision that should be made in the judiciary,\u201d Nelson said.\n <\/p>\n

\n The 14th\u00a0Amendment doesn\u2019t define \u201cinsurrection\u201d or what it means to \u201cengage\u201d in insurrection \u2013 vagueness that complicates the challengers\u2019 case against Trump.\n <\/p>\n

\n Associate Justice Gordon Moore\u00a0asked both sides to define \u201cinsurrection\u201d \u2013 and Nelson said it should be interpreted as \u201corganized warfare \u2026 oriented toward breaking away from, or overthrowing the US government.\u201d\n <\/p>\n

\n \u201cWe would say that what happened on January 6 was a crime, some of them serious, was violence, some of it serious \u2013 but that it did not reach the scale or scope of what would be regarded as an insurrection,\u201d Nelson said.\n <\/p>\n

\n Minnesota\u2019s Secretary of State Steve Simon, a Democrat, hasn\u2019t taken a position on Trump\u2019s eligibility for office. An attorney for Simon said Thursday that his office does not have the power to remove Trump on its own, but would do whatever the court tells them to do.\n <\/p>\n

\n They asked the high court to resolve the matter by early January, so there is enough time to print ballots for the state\u2019s GOP primary on March 5, which is Super Tuesday.\n <\/p>\n

\n CNN\u2019s Avery Lotz contributed to this report.\u00a0<\/em><\/strong>\n <\/p>\n<\/p><\/div>\n

Read the full article here<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Some members of the Minnesota Supreme Court appeared skeptical of removing Donald Trump from the 2024 ballot, and posed difficult questions at a hearing Thursday to the challengers who claim he is disqualified under the 14th Amendment\u2019s insurrectionist ban. But there was also some openness to the challengers\u2019 request to hold future hearings to flesh out the arcane constitutional matters at stake. The justices said they would issue a decision at a later time. A group of Minnesota voters\u00a0filed the lawsuit\u00a0to block Trump from the ballot, asking the justices to enforce Section 3 of the 14th\u00a0Amendment, which was ratified after<\/p>\n","protected":false},"author":1,"featured_media":6208,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[43],"tags":[],"class_list":["post-6207","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics"],"yoast_head":"\nMinnesota Supreme Court appears skeptical of removing Trump from 2024 ballot | ConnectWithFund<\/title>\n<meta name=\"description\" content=\"Some members of the Minnesota Supreme Court appeared skeptical of removing Donald Trump from the 2024 ballot, and posed difficult questions at a hearing\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" 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