The Lawfare Podcast: Roger Parloff Talks Madison Cawthorn, Donald Trump, and Section 3 of the 14th Amendment

By Jen Patja Howell
Monday, June 13, 2022, 5:01 AM

Lawfare senior editor Roger Parloff has been following in a way that just about nobody else has the litigation to keep people off ballots under Section 3 of the 14th Amendment—the part of the amendment that says that if you engaged in an insurrection, you're excluded from public office. It was the subject of a recent major Fourth Circuit opinion, and the state of Section 3 litigation is also the subject of a significant new Roger Parloff piece on Lawfare entitled, “After the Cawthorn Ruling, Can Trump Be Saved From Section 3 of the 14th Amendment?

Roger joined Benjamin Wittes to talk through the piece. What are the major legal arguments that people involved in Jan. 6 are using to keep themselves on the ballots? How strong are the factual cases against different gubernatorial and congressional actors? And why is Donald Trump uniquely vulnerable to a challenge on this basis?