Secretary of State Benson on section 3 of 14th Amendment

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 especially newsworthy in what she said were two points. First, she emphasized her plan to consider the issue exclusively based on applicable law, without partisan considerations, expressing concern that this issue could become weaponized in future elections (similar to Michael McConnell’s point). Second, she said she was consulting with her counterparts in the states of Georgia, Nevada, and Pennsylvania (and perhaps others as well in the future?), to increase the basis on which this kind of decision will be made according to the law and without partisanship. She also noted, as others have said, that any decision that a Secretary of State makes on this issue will not be the last word, but will be challenged in court leading to an eventual appeal to the U.S. Supreme Court.

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