On October 17, 12-1 PM central time/1-2 PM eastern time, I will be participating in a virtual panel on the Supreme Court’s decision in Trump v. Anderson, which held that states cannot disqualify Donald Trump from the 2024 presidential election on the basis that he was ineligible for the presidency under Section 3 of the Fourteenth Amendment. The panel is sponsored by the Loyola University Chicago School of Law. My opponent will be Prof. Neil Siegel of Duke Law School, a prominent constitutional law scholar.
Free registration available here. And here is the official description of the panel:
This panel will examine the Supreme Court’s decision earlier this year in Trump v. Anderson. That decision prevented states from barring Donald Trump from their presidential ballots under Section III of the Fourteenth Amendment on the grounds that he engaged in insurrection on January 6, 2021. The panelists will debate the Court’s outcome and reasoning, explore the case’s implications for our democracy, and consider how Congress and other institutions might respond.
Both Neil Siegel and I have written articles about the case, and both are available on SSRN. Here are the links:
Neil Siegel, “Narrow But Deep: The McCulloch Principle, Collective-Action Theory, and Section Three Enforcement.”
Ilya Somin, “A Lost Opportunity to Protect Democracy Against Itself: What the Supreme Court Got Wrong in Trump v. Anderson,”
Part II of my article includes a brief critique of Siegel’s.
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