Efforts to use the Constitution’s "insurrection" clause to prevent former President Donald Trump from running again for the White House turn to Minnesota on Thursday with oral arguments before the state Supreme Court., with some suggesting that Congress is best positioned to decide whether his role in the January 2021 attack on the U.S. Capitol should prevent him from running.
The oral arguments before the state Supreme Court were unfolding during an unprecedented week, as courts in two states were debating a question that even the nation’s highest court has never before settled — the meaning of the insurrection clause in the 14th Amendment, whether it should bar Trump from the ballot and whether states are even allowed to decide the question.
In the Minnesota case, the plaintiffs are asking the state’s highest court to declare that Trump is disqualified and direct the secretary of state to keep him off the ballot for the state’s March 5 primary. They want the court to order an evidentiary hearing, which would mean further proceedings and delay a final resolution, something Trump’s legal team opposes.
"Both the federal Constitution and Minnesota law place the resolution of this political issue where it belongs: the democratic process, in the hands of either Congress or the people of the United States,″ they wrote in one of their filings.
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