Policy Backgrounders

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Navigating Washington: Insights for Business

Policy Backgrounders

CED’s Policy Backgrounders provide timely insights on prominent business and economic policy issues facing the nation.

Presidential Immunity and Eligibility

February 09, 2024

Trusted Insights for What’s Ahead^®

Two major events this week—a decision of the US Court of Appeals for the District of Columbia and oral arguments in the Supreme Court in a separate case—have direct implications for whether a President enjoys immunity after leaving office and the criteria under which a candidate for President can be disqualified under Section 3 of the Fourteenth Amendment. Colorado’s Supreme Court had removed former President Trump from its ballot, ruling that he was ineligible under Section 3 because he had participated in insurrection on January 6, 2021.

The immunity case could move quickly. If the Supreme Court does not accept the case, former President Trump’s trial for charges relating to the events of January 6, 2021, could begin as early as late March, though it is likelier to begin later in the year.
During oral argument, the Justices seemed skeptical about affirming Colorado’s decision to remove former President Trump from the ballot there, citing both legal and practical concerns.
But the eligibility case is quite complex, and there are a wide variety of options the Supreme Court could choose, ranging from upholding Colorado’s decision to remanding the case, or overturning the Colorado decision. Chief Justice John Roberts signaled that one key factor would be the definition of “insurrection” under Section 3.

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John Gardner

Vice President, Public Policy

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Publications

Current Efforts to Redefine Control of the Administrative State

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February 21, 2025 | Article

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Presidential Actions

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February 20, 2025 | Article

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February 19, 2025 | Article

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Webcasts, Podcasts and Videos

Financial Services: What Next from the New Administration?

March 20, 2025 12:00 PM ET (New York)

CEO Insight Minute: How Can Leaders Prepare for Federal Employment Disruptions?

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US Economic Volatility in 2025

February 12, 2025 11:00 AM ET (New York)

America in Perspective: The First 100 Days

January 23, 2025 12:00 PM ET (New York)

C-Suite Outlook 2025 & Trump’s Day 1

January 22, 2025 12:00 PM ET (New York)

Reshaping the Workforce Under the New US Administration

January 09, 2025 11:00 AM ET (New York)

Press Releases / In the News

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Are Mass Packaging Manufacturers Losing Their Metal?

February 18, 2025

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The White House's Game Plan for Achieving Trade Balance

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Steel and Aluminum Tariffs Will Hike Costs

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The Importance of Mexico to US Food Supply

February 04, 2025

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Executive Order on Energy Emergency

January 31, 2025

PRESS RELEASE

CED Maps Out 2025 Policy Plan for New President and Congress

January 23, 2025

Conference Board Sample Web Chat