Oral Arguments Set to Begin Today- Minnesota Law Hosts Section 3 the Insurrection, and the 2024 Election

On Monday, October 30, Minnesota Law, in collaboration with the Center for the Study of Politics and Governance at the Hubert H. Humphrey School of Public Affairs, the American Constitution Society, and the Federalist Society, held a conference on Section 3, the Insurrection, and the 2024 Election, that brought together legal and policy experts to discuss the ongoing lawsuits to disqualify Donald Trump from the 2024 presidential ballot.

Challenges to Trump's eligibility allege that, through his actions around the 2020 election and the January 6 attack on the Capitol, he violated Section 3 of the Fourteenth Amendment, which provides that “No person shall . . . or hold any office . . . under the United States . . . who, having previously taken an oath . . . as an officer of the United States, . . . shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”  

The conference coincides with major litigation in two ongoing Section 3 cases: Today's, November 2 oral argument in the Minnesota Supreme Court and an evidentiary hearing, which began October 30, in a Colorado trial court. These are the first two cases challenging Trump’s eligibility, and, especially if either result in Trump’s disqualification, will likely be heard by the United States Supreme Court.

The Star Tribune covered Minnesota Law's one day conference on Section 3, the Insurrection, and the 2024 Election, held Monday, October 30. The Strib wrote, "The Minnesota Supreme Court on Thursday will hear a pivotal political question that is on a course to the U.S. Supreme Court: Does the insurrection clause of the U.S. Constitution disqualify former President Donald Trump from the 2024 ballot? Oral arguments on an attempt to bar Trump from the Minnesota ballot take place at 10 a.m. at the Minnesota Judicial Center. A similar case is pending in Colorado and legal experts predict more petitions in additional states relying on Section 3 of the 14th Amendment.

The insurrection clause prohibits former officers from holding office again if they've "engaged in insurrection or rebellion" or "given aid or comfort" to those who did.

The conference was live-streamed and the recording and more information can be found on the event page.

Professor Kristin Hickman

Kristin Hickman

Associate Dean for Research and Intellectual Life
McKnight Presidential Professor in Law
Distinguished McKnight University Professor
Harlan Albert Rogers Professor in Law
Associate Director, Corporate Institute
Nick Bednar 600

Nicholas Bednar ’16

Associate Professor of Law