Professor Nancy Marcus Quoted in ABC Australia on Upcoming Supreme Court Decision on Trump Case

Last week, California Western School of Law Associate Professor Nancy Marcus was quoted by ABC News Australia in an article discussing the U.S. Supreme Court’s upcoming decision on former President Trump’s eligibility to run for office again.

The article details the decision made by the Colorado Supreme Court affirming that the former president participated in insurrection on January 6, 2021, which, under the Court’s interpretation of the Fourteenth Amendment, disqualifies him from running for office again. Using the same reasoning, Maine’s Secretary of State has barred President Trump from appearing on the state’s primary ballots. 

Professor Marcus is quoted saying that, "On the flip side, there are courts in Minnesota and Michigan that came to the opposite conclusion about how the 14th amendment applies… So what happens when you have that kind of tension and conflict between court rulings that are interpreting the constitution, is the Supreme Court is stepping in."

The article notes that during oral arguments both liberal and conservative justices seemed wary of upholding Colorado’s Supreme Court decision. Professor Marcus is again quoted saying, "Another implication of this case, a really serious one, is the reputation of the Supreme Court itself. Polling shows that the public is more distrustful of the Supreme Court than it's ever been, so it does risk being viewed as a politically biased institution."

Professor Marcus writes, teaches, and speaks on a wide range of topics in tort law, including racial justice and police reform; constitutional law developments in LGBTQ rights; and bisexual inclusion and erasure in LGBTQ-rights law. This is the second time she has appeared on ABC discussing this case.

You can read the full ABC News article here.