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NLJ this week: Could the ‘originalists’ & an 1868 provision stop Donald Trump?

22 September 2023
Issue: 8041 / Categories: Legal News , Constitutional law , International
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Donald Trump intends to stand for the US presidency come what may, even if he has been convicted of serious political charges. But, could he be stopped by a provision in the US constitution? 

Michael Zander KC, NLJ columnist & Emeritus Professor, LSE, investigates this scenario in a fascinating article in this week’s issue.

The events that could scupper the Trump campaign are those of 6 January 2020 when a mob invaded the Capitol Building in Washington, DC seeking to prevent Congress from counting the Electoral College votes in order to formalise the victory of Joe Biden. Could Trump’s encouragement of this amount to engaging in ‘insurrection or rebellion’ against the constitution? If lawyers can convince the Supreme Court of this then Trump’s campaign might never leave the gates.

Professor Zander looks at the possibility for such a case, referring to a 126-page article on the same penned by two ‘originalist’ legal scholars, and the political implications should such a case go ahead. Truly, real life is sometimes stranger than fiction. 

Issue: 8041 / Categories: Legal News , Constitutional law , International
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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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