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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’.

On

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A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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