Amicus With Dahlia Lithwick | Law, Justice, And The Courts

The Neglected Constitutional History That Disqualifies Trump

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Synopsis

There haven’t been that many insurrections in the United States, which means the case law ahead of next week’s arguments in Trump v. Anderson (the 14th Amendment, Section 3 disqualification case) is pretty thin. And so we, and presumably the justices, must rely on text and history to understand the intent of the drafters of the Reconstruction Amendments. Civil war and reconstruction historian Professor Manisha Sinha, signatory of one amicus brief and cited in another, explains that the history is crystal clear. Trump must be disqualified from the ballot. After weeks of discussing concerns about the strategic, political implications of this case, this week Dahlia Lithwick tackles the text and the history head-on, in a case that’s almost a natural experiment in applying originalism on its own terms. See also:   Amicus Brief signed by 25 civil war and reconstruction historians (including Professor Sinha) Abraham Lincoln’s Lyceum Address Sean Wilentz: The Case for Disqualification, New York Review of Books Jamell