Misguided Disqualification Efforts

Source: Hoover Institution
by Richard A Epstein

“Multiple efforts have been mounted to drive former President Trump off the November 2024 ballot by claiming that his activities in connection with the January 6 riots (to use an unfreighted word) at and near the Capitol constitute engaging in an insurrection sufficient to bar him from regaining the presidency. An early decision by the Minnesota Supreme Court unwisely complicated the matter. It concluded that the petitioners had standing to challenge Trump’s participation in the primary, only to hold on the merits that Minnesota law allowed voters in the primary first to decide whether to put him on the ballot. More ominously, it also held that the effort to keep Trump off the ballot was neither ‘ripe’ nor ‘about to occur,’ and thus could be decided on some later day, much closer to the election.” (11/16/23)