ST. PAUL — The Minnesota Supreme Court heard oral arguments Thursday in a case aiming to block former President Donald Trump from future ballots, a high-stakes showdown that focuses on how his actions after the prior election should factor into his latest run.
Here are six questions about the case, answered.
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1) What’s the big question here?
The main dispute in the case centers around whether Trump “engaged in insurrection or rebellion” or “gave aid or comfort to the enemies” of the United States through his actions and words on and before Jan. 6, 2021. And if he did, is that enough to permit Minnesota officials to keep him off the ballots in 2024?
The constitutional amendment in play is rooted in the Civil War era and was designed to keep confederates from occupying former federal offices. Specifically, the case hinges on Section 3 of the 14th Amendment.
2) Who is bringing the case?
Eight individuals, including former Minnesota Democratic Secretary of State Joan Growe and former Republican-appointed Minnesota Supreme Court Justice Paul Anderson, filed a lawsuit in September arguing that Trump should be barred from ballots.
The group, along with government accountability organizations, says he engaged in insurrection when he fanned the flames of the uprising at the Capitol and when he called for the results of the 2020 election to be tossed out.
“Although Trump knew that these supporters were angry and that many were armed, Trump incited them to a violent insurrection and instructed them to march to the Capitol to ‘take back’ their country,” attorneys representing the group wrote in court filings. “He is disqualified from holding the presidency or any other office under the United States unless and until Congress provides him relief.”
3) Who is against it?
Trump’s attorneys, along with his presidential campaign and state and national Republican Parties, argue that he didn’t engage in insurrection. If anything, they say, he tried to prevent some of the violence at the Capitol in part by releasing videos urging the protesters to go home.
They also argue that state officials don’t have the authority to block a presidential or vice presidential candidate from the ballot. They contend that a decision needs to be made through the democratic process, where either Congress or American voters decide to disqualify him.
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Finally, they argue that he was expressing his First Amendment right to free speech in responding to the results of the 2020 election and speaking to his supporters in the days and weeks that followed.
In a similar court case in Colorado, Trump’s attorneys have also alleged that the lawsuits are an attempt by Democrats to sink his presidential bid.
4) Why Minnesota?
The state’s constitution sets up an opportunity for voters to easily — and quickly — bring issues before the Minnesota Supreme Court.
Cases have been brought in several other states, but ones in Colorado and Minnesota are the fastest moving. A five-day hearing in Denver kicked off earlier this week.
Both courts are expected to rule expeditiously in these cases. The Colorado court has set a mid-November timeline for ruling while Minnesota’s Supreme Court is planning to rule as soon as possible.
5) Could it backfire politically?
Some leery of the legal challenge think so.
They fear it could play into Trump’s message: That the system is rigged against him and that people shouldn’t have faith in elections. They worry his exclusion would rile up both his hardcore supporters and those lukewarm to the former president.
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Even people like DFL Gov. Tim Walz said it might be better to just let the electoral process unfold and work to defeat Trump in an election if he’s the nominee.
“This is a serious case. It will be heard. But I want folks to know, too, is the other way we hold Donald Trump accountable will be at the ballot box,” Walz told MSNBC last week. “So we're certainly preparing to do that, too.”
6) How quickly will this get resolved?
Election officials say this question does need to get resolved soon because early voting in Minnesota’s presidential primary elections starts on Jan. 19. The Secretary of State’s office told the Supreme Court it needs an answer in early January at the latest to get ballots ready.
Both the plaintiffs and defendants could certainly appeal if they don’t get the outcome they're looking for at the Minnesota Supreme Court.