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NLJ this week: Could the ‘originalists’ & an 1868 provision stop Donald Trump?

22 September 2023
Issue: 8041 / Categories: Legal News , Constitutional law , International
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Donald Trump intends to stand for the US presidency come what may, even if he has been convicted of serious political charges. But, could he be stopped by a provision in the US constitution? 

Michael Zander KC, NLJ columnist & Emeritus Professor, LSE, investigates this scenario in a fascinating article in this week’s issue.

The events that could scupper the Trump campaign are those of 6 January 2020 when a mob invaded the Capitol Building in Washington, DC seeking to prevent Congress from counting the Electoral College votes in order to formalise the victory of Joe Biden. Could Trump’s encouragement of this amount to engaging in ‘insurrection or rebellion’ against the constitution? If lawyers can convince the Supreme Court of this then Trump’s campaign might never leave the gates.

Professor Zander looks at the possibility for such a case, referring to a 126-page article on the same penned by two ‘originalist’ legal scholars, and the political implications should such a case go ahead. Truly, real life is sometimes stranger than fiction. 

Issue: 8041 / Categories: Legal News , Constitutional law , International
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NEWS
In a very special tribute in this week's NLJ, David Burrows reflects on the retirement of Patrick Allen, co-founder of Hodge Jones & Allen, whose career epitomised the heyday of legal aid
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
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