Press Releases

City Bar Files Amicus Brief Urging Supreme Court to Decide ‘14-3’ Promptly

Voters Need to Know if Candidates on Ballot Are Eligible to Be President

The New York City Bar Association today filed an amicus brief urging the Supreme Court to decide promptly whether former President Donald Trump is eligible under Section 3 of the Fourteenth Amendment to the U.S. Constitution to remain on ballots across the United States.

The brief was filed “in support of neither party” in the case of Donald J. Trump v. Norma Anderson, et al., following the Colorado Supreme Court’s finding that former President Trump is ineligible to seek the office of President under “14-3.”

“The City Bar submits this brief as amicus curiae because it believes the Constitutional issues before the Court should be decided in a manner and on a schedule that permits voters throughout the nation to cast informed ballots with a uniform understanding of who the eligible candidates are for the Presidency,” states the brief. A prompt decision by the Supreme Court would allow the nation “to avoid a patchwork quilt of eligibility decisions depending on differing state or lower federal court interpretations of Section 3.”

While the brief takes no position on the merits of the claims in the Colorado case, “[a]n authoritative interpretation of Section 3 will help avoid chaos both in this election cycle and in years to come.”

Stating that the Court “now has the opportunity, and the responsibility, to provide the uniform interpretation and application of Section 3 necessary to ensure that all American voters can make an informed decision at the ballot box,” and noting that the Court “has already recognized the significance of an expedited decision by issuing its schedule for briefing and argument,” the City Bar urges the Court to issue a definitive ruling as soon as possible “so that “primary and caucus voters throughout the nation know whether Petitioner is an eligible candidate for President.”

Read the amicus brief here.

The City Bar’s report on the “Historical Context, Current Challenges & Recommendations Regarding the Disqualification Clause” can be read here.