This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

U.S. Supreme Court

Mar. 7, 2024

Jack and the Easter Egg: Special Counsel Jack Smith was handed a gift from the US Supreme Court

Should the majority's holding in Trump v. Anderson prompt Special Counsel Jack Smith to file a superseding indictment against Trump, including charges of insurrection and rebellion, under 18 U.S.C. Section 2383? This would provide a statutory basis for disqualification under Section 3 of the 14th Amendment.

Paul D. Scott

Scott with the Law Offices of Paul D. Scott, P.C., filed an amicus brief in Trump v. Anderson on behalf of former Congressman Pete McCloskey, Judge Quentin Kopp, and the San Francisco Taxpayer Association. Scott is also a former U.S. Department of Justice Trial and Appellate attorney. The opinions expressed herein are his own.

Jack and the Easter Egg: Special Counsel Jack Smith was handed a gift from the US Supreme Court
Shutterstock

The Supreme Court’s decision in Trump v. Anderson was widely expected – a unanimous reversal of the Colorado Supreme Court’s decision disqualifying Trump from the Colorado ballot. All nine justices agreed that state officials are not authorized by Section 3 of the 14th Amendment to disqualify candidates for federal office from the ballot. Most of the ensuing chatter, however, has been preoccupied with the notion that the conservative major...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up