In Supreme Court case "Anderson v Trump" respondent Anderson et al. claims that states have the right to deny access to the ballot of US Presidential elections

  • Claim


Name

In Supreme Court case "Anderson v Trump" respondent Anderson et al. claims that states have the right to deny access to the ballot of US Presidential elections

Types

Claim

Opposing arguments

In Supreme Court case "Anderson v Trump" Donald Trump claims that Section 3 of 14th Amendment of US Constitution can only by used to disqualify a person from holding the office of the President of US and cannot be used to deny access to the ballot for Presidential elections

Quotes that support the claim

Colorado Supreme Court correctly held that Section 3 may be enforced prior to an election and need not wait until the disqualified person takes office. See Pet. App. 58a–60a. Section 3 does not, by its express terms, prevent a person from seeking office. The same is true for other presidential qualifications such as age, residency, or citizenship. See, e.g., U.S. Const. art. II, § 1, cl. 5 (laying out these requirements to be “eligible to the Office of President”). Yet states’ “legitimate interest in protecting the integrity and practical functioning of the political process” allow them “to exclude from the ballot [presidential] candidates who are constitutionally prohibited from assuming office.” See Hassan v. Colorado, 495 F. App’x 947, 948 (10th Cir. 2012) (Gorsuch, J.) (emphasis added). Colorado’s legislature has required that only those qualified to hold the office may appear on the presidential primary ballot. See infra 19–21. That law falls squarely within Colorado’s broad Article II authority to “direct” the “manner” of appointing presidential electors.

Topics

Response by responded Norma Anderson, et al. to the Donald Trump Appeal in the Supreme Court case "Trump v Anderson"

Referenced by

In Supreme Court case "Anderson v Trump" respondent Anderson et al. claims that states right to deny access to the ballot of Presidential elections does not add additional qualification for the office

US Politics

Claim

In Supreme Court case "Anderson v Trump" Donald Trump claims that Section 3 of 14th Amendment of US Constitution can only by used to disqualify a person from holding the office of the President of US and cannot be used to deny access to the ballot for Presidential elections

US Politics

Claim

Colorado Supreme Court correctly held that Section 3 may be enforced prior to an election and need not wait until the disqualified person takes office. See Pet. App. 58a–60a. Section 3 does not, by its express terms, prevent a person from seeking office. The same is true for other presidential qualifications such as age, residency, or citizenship. See, e.g., U.S. Const. art. II, § 1, cl. 5 (laying out these requirements to be “eligible to the Office of President”). Yet states’ “legitimate interest in protecting the integrity and practical functioning of the political process” allow them “to exclude from the ballot [presidential] candidates who are constitutionally prohibited from assuming office.” See Hassan v. Colorado, 495 F. App’x 947, 948 (10th Cir. 2012) (Gorsuch, J.) (emphasis added). Colorado’s legislature has required that only those qualified to hold the office may appear on the presidential primary ballot. See infra 19–21. That law falls squarely within Colorado’s broad Article II authority to “direct” the “manner” of appointing presidential electors.

US Politics

Quote