Congressional Digest

Supreme Court Debates March 2024 No. 3 Vol. 27
J. Michael Luttig, Peter Keisler, et al., Amici Curiae

Removing Trump From the Ballot

The Ban on Candidates Who Engage in Insurrection

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J. Michael Luttig, Peter Keisler, et al., Amici Curiae

Michael Luttig and Peter Keisler are joined in this brief by 18 other former officials in Republican presidential administrations. The following is excerpted from the Amici Curiae Brief for Respondents as submitted to the U.S. Supreme Court on Jan. 29, 2024. This brief focuses on two textualist points.  First, it would violate the rule of law and textualism for this court to create an off-ramp to avoid adjudicating whether [petitioner Donald] Trump is disqualified. The power to decide a dispute about a presidential candidate’s constitutional qualifications is a judicial power that has been vested by the Electors Clause initially in…

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