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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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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
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From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
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