Document Type
Brief
Case Name
Donald J. Trump v. Norma Anderson
Publication Date
1-2024
Abstract
No. 23-719
Donald J. Trump v. Norma Anderson
On Writ of Certiorari to the Supreme Court of Colorado
From the Summary of Argument
States hold the power to adjudicate the qualifications of presidential candidates. That power extends to the general election, even though the election is formally a process to appoint presidential electors. And that power extends to the primary election, even though state voters are formally selecting delegates to a party’s nominating convention. But states have no obligation to evaluate the qualifications of presidential candidates, and states may choose to permit openly unqualified presidential candidates to appear on the ballot.
Recommended Citation
Hacker, Heather Gebelin and Muller, Derek T., "Brief of Professor Derek T. Muller as Amicus Curiae in Support of Neither Party" (2024). Court Briefs. 86.
https://scholarship.law.nd.edu/sct_briefs/86
Included in
Constitutional Law Commons, Courts Commons, Election Law Commons, Supreme Court of the United States Commons
Comments
Derek T. Muller is a Professor of Law at Notre Dame Law School. His research focuses on election law, particularly the role of states in the administration of federal elections. He has written extensively about topics at issue in this case, and this scholarship long predates this controversy.
Table of Authorities includes:
Derek T. Muller, ‘Natural Born’ Disputes in the 2016 Presidential Election, 85 Fordham L. Rev. 1097 (2016).
Derek T. Muller, Ballot Speech, 58 Ariz. L. Rev. 693 (2016).
Derek T. Muller, Electoral Votes Regularly Given, 55 Ga. L. Rev. 1529 (2021).
Derek T. Muller, Scrutinizing Federal Electoral Qualifications, 90 Ind. L.J. 559 (2015).
Derek T. Muller, Weaponizing the Ballot, 48 Fla. St. U. L. Rev. 61 (2021).