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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Author

John Gardner

Vice President, Public Policy

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Publications

EU Preliminary Findings Against Apple and Alphabet Under Digital Markets Act

EU Preliminary Findings Against Apple and Alphabet Under Digital Markets Act

March 25, 2025 | Newsletters & Alerts

Administration Moves to Expand OPM’s Authority to Fire Federal Employees

Administration Moves to Expand OPM’s Authority to Fire Federal Employees

March 25, 2025 | Newsletters & Alerts

Policy Alert: Consolidating Procurement Executive Order

Policy Alert: Consolidating Procurement Executive Order

March 25, 2025 | Newsletters & Alerts

Presidential Actions

Presidential Actions

March 25, 2025 | Additional Resources

Administration acts with Congress to reverse methane fee

Administration acts with Congress to reverse methane fee

March 25, 2025 | Brief

White House Task Force on the 2026 FIFA World Cup

White House Task Force on the 2026 FIFA World Cup

March 24, 2025 | Brief

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Webcasts, Podcasts and Videos

Economy Watch: US Public Policy and the Economy

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

C-Suite Perspectives

Trade Wars 101: What Businesses Need to Know

March 24, 2025

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?

February 21, 2025

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)

Press Releases / In the News

IN THE NEWS

Steve Odland: Tariffs to cost U.S. manufacturers $144 billion annually

February 03, 2025

PRESS RELEASE

CED Maps Out 2025 Policy Plan for New President and Congress

January 23, 2025

IN THE NEWS

If the election is contested again in November, will corporate leaders push…

October 21, 2024

Commentary and Letters

The Biggest Problem Trump and Harris Aren’t Talking About

October 15, 2024

Commentary and Letters

Letter to Presidential Candidates Regarding US Fiscal Health

October 04, 2024

IN THE NEWS

Public & private sectors must prepare for AI-powered election attacks

October 31, 2023

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