The Minnesota Supreme Court this week dismissed a lawsuit attempting to keep former President Trump off the ballot in the state, a decision that could impact efforts to prevent Trump from appearing on ballots in Colorado and Michigan. The lawsuits seek to use the Disqualifications Clause, or Section 3 of the 14th Amendment. That clause bars individuals who have 'engaged in insurrection or rebellion' against America or who have aided those engaged in such activities from holding office.
The law distinguishes between binding authority in a jurisdiction and persuasive authority, which means if you’re going to go against it, you better have a good reason or a persuasive argument for why you’re going to do it,' McCarthy said. 'The more current law you get for the proposition that it is not a basis to remove someone, the harder it is for judges to break ground and go the other way, but we shouldn’t pretend that it is bulletproof.
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