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Professor Gerard Magliocca is the co-author of an opinion piece that outlines an alternative path toward judicial resolution of the January 6, 2020, insurrection. The piece was published in the Washington Post on December 27.

The piece advocates for utilizing Section 3 of the 14^th Amendment to the U.S. Constitution to prevent former President Donald Trump from holding office again. Criminal prosecution alone would leave President Trump open to pursuing re-election in 2024, given the length of time it could take to bring such a process to a close. Under the option available in the 14^th Amendment, special jurisdiction could be granted to a three-judge federal court in the District of Columbia. That tribunal could determine within three months whether insurrection took place and the decision would receive automatic U.S. Supreme Court review.

Professor Magliocca is a Samuel R. Rosen Professor of Law at IU McKinney and a nationally known expert in constitutional law. He is the author of five books, the latest of which, Washington’s Heir: The Life of Bushrod Washington, was published by Oxford University Press in early 2022. He also is the author of over 20 articles on constitutional law and intellectual property.