Some of the justices suggested Thursday that Congress is best positioned to decide whether Donald Trump’s role in the U.S. Capitol insurrection should prevent him from running.
By Christine Fernando and Nicholas Riccardi, Associated PressRonald Fein, attorney for the petitioner, Free Speech for People, sits after arguing his case before the Minnesota Supreme Court Thursday, Nov. 2, 2023 St. Paul, Minn. The Minnesota Supreme Court heard arguments to keep former President Trump off the ballot.
The oral arguments before the state Supreme Court were unfolding during an unprecedented week, as courts in two states were debating questions that even the nation’s highest court has never settled — the meaning of the insurrection clause in the Civil War-era 14th Amendment and whether states are even allowed to decide the matter. At stake is whether Trump will be allowed on the ballot in states where lawsuits are challenging his eligibility.
An attorney representing Trump, Nicholas Nelson, said states’ roles in determining candidates’ eligibility for president was limited to what he called “basic processing requirements,” such as determining whether they meet the age requirement. A core issue in the cases is how to define an insurrection under the amendment, a question that was debated at some length during Thursday’s arguments in Minnesota.
The justices themselves seemed to be wrestling with the question: “Insurrection might be in the eye of the beholder, so it depends on who’s doing the beholding,” Hudson said.
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