Season 4, Episode 6 (Show 163): 20 Questions on Section 3 and More on Insurrection #1 – Special Guest Ted Widmer

February 7, 2024

With oral arguments set for this Thursday, we review the 20 questions our brief set forth on the Trump disqualification case, and we bring on an expert of what we have termed the First Insurrection of 1860-61 to add to that crucial story.

CLE Credit Available for this episode.

Oral arguments are scheduled for this Thursday in the Trump v. Anderson case, concerning the possible disqualification of former President Trump from the ballot in Colorado, and with a myriad of questions surrounding Section Three of the Fourteenth Amendment at stake.  We have something new to offer, as the distinguished historian, Professor Ted Widmer, joins us to add his considerable expertise to the oh-so-timely topics of John B. Floyd and the conspiracy to prevent the certification of Abraham Lincoln’s election with the aim to prevent his inauguration and otherwise cripple the Union during the Secession Winter. This was of course integral to our amicus brief in the case, and this podcast offers additional support for its theses.  We also review the promised “20 questions” that the brief explored – the perfect review or reference as the Court faces this vital case that has gripped the nation.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

How to get Continuing Legal Education Credit for listening!

Virtually all lawyers and judges admitted to practice anywhere in the USA can obtain CLE (Continuing Legal Education) credit after listening to this episode by visiting podcast.njsba.com.  You do not have to be a New Jersey lawyer or resident or admitted to the NJ Bar; essentially every state has reciprocity arrangements with New Jersey.  When you visit the site you fill out a form and provide the code Andy read during the episode, pay a small fee, and within two weeks you will receive the certificate from New Jersey.  It couldn’t be easier.  Thanks to the New Jersey Bar Association for making this possible!  Note, too, that other podcast episodes from our “back catalog” now qualify for this credit as well.  See notes below on this.

Click to go to the website for CLE credit

The Supreme Court Should Get Out of the Insurrection Business - The New York Times

The New York Times essentially gives Professor Amar the last word before oral argument by making this the lead opinion piece on Wednesday, February 7th – the day before the Supreme Court hears the case.  Note the shout-out to Amarica’s Constitution in the byline at the end.

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Amicus Brief of Akhil Reed Amar and Vikram David Amar

The amicus curiae brief in Trump v. Anderson et al.

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Brief of Amicus Curiae Professor Kermit Roosevelt

The brilliant brief from Professor Kermit Roosevelt on a number of topics related to this case, in particular questions of “self-execution.”

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The Capitol Takeover that Wasn't - The New York Times

Professor Ted Widmer’s article on January 8, 2021, which first drew attention to the uncanny and oh-so-instructive parallels between the first insurrection of 1860-61, and the events of January 6, 2021 which loom so large in this case.

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