
Supreme Court to decide if Trump can be kept off ballot
Clip: 1/5/2024 | 5m 35sVideo has Closed Captions
Supreme Court to hear Trump ballot case that could upend 2024 presidential election
There's a major development in a case that could upend the 2024 presidential election. The Supreme Court agreed to decide whether Donald Trump can be barred from the ballot. His eligibility has been challenged in dozens of states under the insurrection clause of the 14th Amendment. Amna Nawaz discussed what this means for Trump and voters with former federal prosecutor Sarah Krissoff.
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Supreme Court to decide if Trump can be kept off ballot
Clip: 1/5/2024 | 5m 35sVideo has Closed Captions
There's a major development in a case that could upend the 2024 presidential election. The Supreme Court agreed to decide whether Donald Trump can be barred from the ballot. His eligibility has been challenged in dozens of states under the insurrection clause of the 14th Amendment. Amna Nawaz discussed what this means for Trump and voters with former federal prosecutor Sarah Krissoff.
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Learn Moreabout PBS online sponsorshipThere is a major development in Supreme Court has agreed to decide whether Donald# Trump can be barred from the ballot.
The former## president's eligibility has been challenged in# dozens of states.
While many have been dismissed,## Maine and Colorado have disqualified him under# the Insurrection Clause of the 14th Amendment.
The justices will hear arguments# in the Colorado case next month.
For more on what this means# for the former president,## for the courts and for voters, I'm joined now# by Sarah, walk us through what you expect to see# now.
The Supreme Court has decided to take up## this case.
The Colorado State Supreme Court was# decided narrowly, on a 4-3 margin.
Did you expect## the court to take up the appeal?
And what's# the question that they're seeking to answer?
SARAH KRISSOFF, Former Assistant U.S.# Attorney: Yes, I'm not surprised that## the court is going to address It is -- and they're going to do it quickly,## right?
They have moved quickly he because this is just a matter of national# importance.
And we have these primaries## sort of looming on the horizon.
So I'm not# surprised they're going to address this.
The problem is, they have a lot# to address.
There are a lot of## open questions.
There's very little# case law for t there's a lot of work for them to# be doing in the next month or so.
AMNA NAWAZ: You say they should be moving# quickly.
Oral arguments are expected to## begin on February 8.
What does that mean for a# timeline?
How soon after cou SARAH KRISSOFF: Listen, by the time# they're at the oral argument stage,## they may have a decision drafted.
They# may have a very good ide are heading and if they want to test# out their decision in the courtroom.
So, they may be able to issue a decision very# quickly after that.
It just depends sort of## how much -- I think they're going to devote a# lot of time and attention to this between now## and then.
And they can -- they surely can# get it done if they want to get it done.
AMNA NAWAZ: So there are a number of other states# weighing this same question.
Co urt decision impact those other states?
If# they uphold Colorado's decision, would that## mean it opens the doors for other state Supreme# Courts to also remove him from their ballot?
SARAH KRISSOFF: It could.
issue a narrow decision.
They could make# it -- they could issue a decision simply## on the process in Colorado or a very narrow# interpretation of something of Colorado or they could issue a much broader decision# that would have broader application.
I expect, sort of given these# other suits on the horizon,## given the Maine case, that they will# endeavor to issue a broader decision## to give some guidance to these# other states about ballot access.
AMNA NAWAZ: Sarah, when you step back# and you look at these two states where## the decision has been made, they were# made in very d The Colorado decision to remove him was# made by the state's Supreme Court.
I it was the Democratic secretary of state# who made the decision to disqualify him,## also on the basis of that Insurrection Clause of# the 14th Amendment.
Is there a common standard## or a common question being answered as# each state weighs this same question?
SARAH KRISSOFF: So, I mean, I think that# really ties into your last question.
This ballot access issues and election# laws is so state-speci really different processes in each state to --# in each, frankly, locale, individual locale,## small towns, villages, things like that,# to determine access.
All of a sudden,## that is coming to a head here.
And so we're# seeing very different processes play out.
But I expect the Supreme Court is going to try# to issue a broad enough decision to embrace some## of these other decisions, some of these other# actions coming out of different states as well.
AMNA NAWAZ: Well, former President Trump's# appeal is largely based on two elements,## right?
One is enforceability.
The appeal says# that -- quote -- "The question of e to serve as the president of the United# States is properly reserved for Congress,## not the state courts, to consider and to decide."
And the other argument, Sarah, here is just# the wording of the 14th Amen the president is not technically an officer of# the United States, as the language specifies,## that it wasn't an insurrection, so# he didn't engage in insurrection.
Do those arguments hold water, in your view?
SARAH KRISSOFF: Listen, I think there are --# the Trump team has some And there's -- the Supreme Court is operating# without a lot of guideposts here, right?
There## is not a lot of law on these issues, so they are# free to make new law, and I expect them to do so.
AMNA NAWAZ: And, in your view, is# this the kind of decision courts## should be weighing on?
This is the# question we hear a whether this should be left up to# the voters to ultimately decide.
SARAH KRISSOFF: Listen, I think# that's where the Supreme Court## may come out.
They may sort of punt# th is was not the purview of the states to block# the former president from the ballot here.
But they're -- I think they may# interpret the Section 3 of the## 14th Amendment in such a way to# punt this back to the voters.
AMNA NAWAZ: We will be waiting and watching,## for sure.
That is former Thank you so much for your time and insights.
SARAH KRISSOFF: Thank you.
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