All posts by Ned Foley

The Uncertainty of “Contingent Election” Procedures

October 24, 2023, 7:14 pmUncategorizedNed Foley

Rick linked earlier today to a new analysis of the risk that a No Labels presidential ticket could cause no candidate to win a majority of electoral votes, triggering the Twelfth Amendment’s antiquated “contingent election” procedure (last used in 1824).… Continue reading

Requiring a majority win in either primary or general election

October 9, 2023, 6:59 amUncategorizedNed Foley

In light of the removal of McCarthy as Speaker, last week I invoked my previous advocacy of a majority winner requirement for congressional elections. This week I want to highlight my more recent advocacy of the need to avoid plurality… Continue reading

Requiring Majority Winners in November

October 6, 2023, 2:36 pmUncategorizedNed Foley

A couple of astute readers of my earlier blog post today asked me whether Georgia’s version of a runoff system would satisfy my proposed majority-winner requirement for congressional elections. The simple answer is no, for a reason that is explained… Continue reading

A Simple Cure for House Chaos

October 6, 2023, 7:23 amUncategorizedNed Foley

As I’ve watched this week’s removal of McCarthy from the Speakership and the ensuing sense that the House may be ungovernable because of the fragmentation within its Republican conference, I return to the idea that I first advocated shortly after … Continue reading

Lawfare podcast on procedural issues relating to 14th Amendment disqualification

September 8, 2023, 12:21 amUncategorizedNed Foley

Scott Anderson of Lawfare led a thorough and well-organized discussion of the various procedural hurdles and obstacles associated with litigation over section 3 of the Fourteenth Amendment, with Derek and me as participants. I think it would be particularly useful… Continue reading

“Raskin says Trump ‘absolutely’ disqualified from running for president after Jan. 6 insurrection”

August 27, 2023, 2:07 pmUncategorizeddisqualification, Section 3Ned Foley

The Hill’s report on Rep. Raskin’s appearance on CNN’s State of the Union. Raskin was indeed emphatic in his belief that Trump is barred from the presidency by virtue of section 3 of the Fourteenth Amendment, saying that “Donald… Continue reading

Section 3 Disqualification–and a No Labels Ticket

August 26, 2023, 12:11 pmUncategorizeddisqualification, Section 3, Third PartiesNed Foley

If the U.S. Supreme Court does not rule on the merits of Trump’s status under section 3 of the Fourteenth Amendment before the November 2024 general election, I think we need to start considering how the lingering disqualification issue might… Continue reading

Impeachment and Disqualification

August 26, 2023, 8:03 amUncategorizeddisqualification, Section 3Ned Foley

As part of a thoughtful discussion of Trump’s status under section 3 of the Fourteenth Amendment on this week’s episode of Slate’s Political Gabfest, the point was made that the impeachment process is the Constitution’s method for disqualifying a… Continue reading

Chris Jansing of MSNBC covered section 3 issue

August 25, 2023, 11:43 amUncategorizeddisqualification, Section 3Ned Foley

Brief clip emphasizing the timing point–the need to resolve this issue definitively before the election and not afterwards.

“Is Trump disqualified for the N.H. primary? N.H. secretary of state is seeking legal advice.”

August 25, 2023, 9:46 amUncategorizeddisqualification, Section 3Ned Foley

Boston Globe (behind paywall). Some excerpts: “Secretary of State David Scanlan, who will oversee the first-in-the-nation presidential primary in just five months, said he’s received several letters lately that urge him to take action based on a legal theory that… Continue reading

“Palm Beach County lawyer files legal challenge to disqualify Trump from 2024 presidential race”

August 25, 2023, 9:16 amUncategorizeddisqualification, Section 3Ned Foley

Palm Beach Post reports: “Boynton Beach tax attorney Lawrence Caplan filed the challenge in federal court in the Southern District of Florida citing the amendment’s “disqualification clause” for those who engage in insurrections and rebellion against the United States. …… Continue reading

“Why Twisting The 14th Amendment To Get Trump Won’t Hold Up In Court”

August 25, 2023, 8:27 amUncategorizeddisqualification, Section 3Ned Foley

John Yoo and Robert Delahunty in The Federalist has an extended analysis of the issue of applying section 3 of the Fourteenth Amendment to Trump. They accept the Baude-Paulsen position “about the continuing relevance of the Constitution’s insurrection clause,” but… Continue reading

“History Offers Answers in the New Debate Over Trump v. the Constitution”

August 25, 2023, 7:40 amUncategorizeddisqualification, Section 3Ned Foley

Historian Joshua Zeitz in POLITICO Magazine offers some interesting historical context for the current debate on whether section 3 of the Fourteenth Amendment applies to Trump. In particular, he describes the House of Representatives session when ex-Confederates turned up seeking… Continue reading

Secretary of State Benson on section 3 of 14th Amendment

August 23, 2023, 3:18 pmUncategorizeddisqualification, Section 3Ned Foley

Michigan Secretary of State Jocelyn Benson was one of three guests on Nicole Wallace’s Deadline White House today discussing procedural issues relating to litigating whether Trump is constitutionally disqualified to hold the presidency again. What stood out to me as… Continue reading