Section 3, Insurrection, and the 2024 Election

On October 30, the University of Minnesota Law School, 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, will hold a conference bringing 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 will coincide with major litigation in two ongoing Section 3 cases: the November 2 oral argument in the Minnesota supreme court and an evidentiary hearing, which will begin on 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.

Confirmed attendees include:

• Julia Azari, Professor of Political Science, Marquette University
• Nicholas Bednar '16, Associate Professor of Law, University of Minnesota Law School
• Josh Blackman, Professor of Law and Centennial Chair of Constitutional Law, South Texas College of Law Houston
• Ned Foley, Charles W. Ebersold and Florence Whitcomb Ebersold Chair in Constitutional Law, Ohio State Moritz College of Law
• Mark Graber, University System of Maryland Regents Professor, University of Maryland Francis King Carey School of Law
• Kristin Hickman, McKnight Presidential Professor of Law, University of Minnesota Law School
• Lawrence R. Jacobs, McKnight Presidential Chair in Public Affairs and director of the Center for the Study of Politics and Governance, University of Minnesota Hubert H. Humphrey School of Public Affairs
• Andrea Katz, Associate Professor of Law, Washington University School of Law in St. Louis
• Kurt Lash, E. Claiborne Robins Distinguished Chair in Law, University of Richmond School of Law
• William McGeveran, Interim Dean and Gray, Plant, Mooty, Mooty & Bennett Professor of Law, University of Minnesota Law School
• Derek T. Muller, Professor of Law, Notre Dame Law School
• Michael Paulsen, Distinguished University Chair and Professor, University of St. Thomas School of Law
• Alan Z. Rozenshtein, Associate Professor of Law, University of Minnesota Law School, and Senior Editor, Lawfare
• Eric Segall, Ashe Family Chair Professor of Law, Georgia State University College of Law
• Ilya Somin, Professor of Law, George Mason University, and B. Kenneth Simon Chair in Constitutional Studies, Cato Institute

Program Agenda:

• Introduction: 9 to 9:15 am (CT)
  • Opening remarks: Bill McGeveran
  • Introduction: Alan Rozenshtein
• Panel I: The History: 9:15 to 10:30 am (CT) 
  • Mark Graber
  • Kurt Lash
  • Josh Blackman
  • Moderator: Kristin Hickman
• Panel II: The Law: 10:45 am to 12 pm (CT) 
  • Ned Foley
  • Derek Muller
  • Andrea Katz
  • Moderator: Nicholas Bednar '16
• Lunch: The Argument: A Conversation with Professor Mike Paulsen: 12:15 to 1:15 pm (CT)
  • Mike Paulsen
  • Moderator: Alan Rozenshtein
• Panel III: The Politics:  1:30 to 2:45 pm (CT) 
  • Eric Segall
  • Ilya Somin
  • Julia Azari
  • Moderator: Lawrence R. Jacobs
• Closing Remarks: 2:45 to 3 pm (CT)