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12 January 2024 / Michael Zander KC
Issue: 8054 / Categories: Features , International
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Insurrection & court intervention: a high-stakes gamble? Pt 2

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Will Trump be stopped from standing? Michael Zander on the Colorado Supreme Court’s decision
  • The Colorado State Supreme Court held in December 2023 by a majority of 4–3 that former President Trump was disqualified from holding the Office of President.
  • Analysis of the court’s majority judgment and three dissenting opinions.

On 19 December 2023, the Colorado State Supreme Court held, by a bare majority of 4–3, that Donald J Trump was ‘disqualified from holding the Office of President under Section Three of the Fourteenth Amendment to the United States Constitution’ and that ‘because he is disqualified it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate in the presidential primary ballot,’ (see bit.ly/3H6Oiyr).

On 3 January, Trump asked the US Supreme Court to overturn the Colorado Supreme Court’s decision. A brief filed by attorney-generals from 27 states supported the request arguing that removing Trump from the ballot would ‘create widespread chaos’.

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

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Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
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