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Dear All:
On February 8th, the Supreme Court will be reviewing the decision by the Colorado Supreme Court holding that Donald Trump's activities, culminating in the violent invasion of the Capitol on January 6th, 2020, constitute an “insurrection” under the Disqualification Clause of the Fourteenth Amendment.
Earlier this month, I tried to explain the fundamental issues at stake in an essay aimed at the general public. https://www.politico.com/news/magazine/2024/01/25/supreme-court-originalism-trump-ballot-eligibility-00137666
I’ve now joined a group of scholars from other leading law schools in an amicus brief addressing some key constitutional questions raised by the Colorado decision, focusing on the relationship between the Disqualification Clause of the Fourteenth Amendment and the Free Speech Clause of the First Amendment. For those interested in reading the brief, here is the link: https://acrobat.adobe.com/link/track?uri=urn:aaid:scds:US:01c7d456-8164-3f1c-b63c-0cf6a966624a
Bruce
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