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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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MOVERS & SHAKERS

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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
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NLJ this week: No such thing as a ‘Welsh seat’
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
NLJ this week: Jury reform risks justice for efficiency’s sake
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
NLJ this week: When are experts truly ‘necessary’?
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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