matter of fact, i'm soledad o'brien. the constitution lays out the required parts for anyone who's

seeking to be president. you've got to be at least 35 years old and a natural born citizen. but a case out of colorado cites another part of the constitution and says that former president donald trump cannot be on the state's republican primary ballot. colorado law is includes the constitution, and as part of it's basically job description, this law professor explains the implications of the case. that's now headed to the u.s. supreme court. and this is where her family home once stood. it's one of many destroyed by the government using eminent domain. i have finally gotten so i'm not angry. but don't remove us in the first -- place. we get a look at a unique effort to restore a historic black community in portland, oregon. plus, hungry kids don't learn. we head to pennsylvania to see how teachers and cafeteria workers at one school are getting their kids universal free meals. all that right now on matter of

fact. the supreme court is rushing to get ahead of the presidential primary calendar, and that's because a group of republican and unaffiliated voters in colorado say former president trump cannot be on the march primary ballot. at the heart of their case is section three of the 14th amendment. it was put in place after the civil war, and it says that anyone who's taken an oath to the constitution and then gone on to engage in insurrection, an can't hold office in early 2022, kim whaley was one of the first people to note the 14th amendment's potential impact on any future run by former president trump. she's a professor at the university of baltimore school of law, professor whaley, so nice to have you in studio. thank you for joining me. thank you for having me. why don't you start by explaining really what's at issue in this colorado case? it all comes from section three

of the 14th amendment, which was passed after the civil war to essentially keep confederates out of the organized government on the idea that if you wanted to break up the union, you're probably not the best people to reconstruct the national government. fast forward to now. the state of colorado under colorado law, determined that that donald trump's participation in the january 6th insurrection disqualifies him. under colorado law from being on the ballot. because colorado law is includes the constitution as part of its basic job description, its requirements for being on the presidential ballot in colorado. so are there other states? in addition to colorado that are struggling or dealing with this very issue? yes. there are many states actually across the country. most of the cases or many of the cases have resolved.

and for various reasons, every state decides it differently. under their laws. and there still are a number of cases pending in states as large as texas that, in theory, could hold in a way consistent with colorado vo and potentially impact what happens in november. so now it's all on the steps of the supreme court. how would you expect this particular court to decide? i don't think the supreme court is going to deal with colorado law. i do think the supreme court's more likely to go head on into section three itself. so there are a number of questions. what is an insurrection? and was january 6th an insurrection? i think that's a strong case for colorado, frankly, that january 6th was an insurrection. but that's never been defined. if it's an insurrection, did donald trump engage in it? his lawyers are arguing that sort of engaging behind the scenes doesn't qualify. number three, uh, the

constitution lists the people that can be, um, sort of implicated in section three. and the argument is the president isn't specifically named. i don't think that's the strongest argument, but that's one that the court could take up. then the court could take up. the question is it a requirement that congress step in and give us that bridge between a getting before a court and the constitution itself? there are people who who in arguing the viability of this, say, listen, this whole thing hasn't even been looked at since 150 years have passed. i mean, don't they have a point? the constitution is old. it's terse, and we have judges, justices, a majority who purport to play pay attention to the plain language, who say, you know, we're just in there to read what the text is. the text says nothing about the civil war. it says insurrection or rebellion or aid or comfort. it captures, i think, something

other than just the civil war, because if they wanted to limit it to the civil war, they would have done that. and so my response to the political arguments are, if people really think it's a danger to democracy, maxey then the answer here is to get together and amend the the constitution to repeal it. but the answer isn't to get out of sharpie and effectively cross it out on the theory that we just don't like it. that's not generally how, uh, the constitution is interpreted. if in fact, the supreme court does sort of say, hey, let's effectively just cross it out, it seems to me the bigger issue is not even necessarily for president trump in this day and age. it's really down the road. yeah, you'd have to ask yourself, okay, if this doesn't constitute an insurrection, if a president is not an officer, and if not being on the scene engaging in hand to hand violence is not an engage in the

insurrection. what's left? we're now basically enhancing the belt and suspenders of the office of the presidency to include that conduct as constitute. well, professor kim wehle, thank you so much for coming in to talk about this with me. i appreciate it. it's great being here. thank you. soledad next on matter of fact, her father owned a barber shop in the 1960s. they would put a sign on the barbershop and say, you know, this is condemned property. it was one of dozens of black owned businesses set for destruction as part of so-called urban renewal. and every day he'd go to the barber shop and take it off and be open for business. a neighborhood story of persistence and resilience. plus big changes on the table this tax season, how your kids and your car may affect your bill. you're watching. matter of fact, america's number one nationally syndicated public affairs news magazine. it's the story of many american (vo) it's ultimate endless shrimp with another limited-time

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cities thriving immigrant and communities of color displaced in the name of urban renewal. even portland, oregon, often considered progressive by many, shares this history. in 1857, racial exclusion laws were in the state's constitution barring black people from living there. still, a small population of african americans migrated to portland to work on the railroads and in shipyards. they mostly settled in east portland in a community called albina, buying homes and opening businesses. all that changed, though, when the city designate voted albina as blighted. its strategically took the land using eminent domain. our correspondent alexis clarke visited portland, where a nonprofit now has a bold plan to build a new community where the neighborhood once stood. our walkway was probably right

out here under the i-5 highway in portland's albina district once stood stately homes with manicured lawns. donna maxey grew up here until the city forced her family and other black homeowners out st. we lived in a great big house on a double lot, living in the black community was so special. donna's parents moved from east texas to portland in the 1940s. her father opened a barber shop in the tightly knit albina community. mom had a little flower garden in the back. by 1960, portland had designated albina a slum. it had a motive. the neighborhood is downtown and near the river, a prime location for what the city called urban renewal. we saw it coming. daddy had been involved in politics, so he knew how things went. he knew that he was losing his barbershop and that we were going to lose our home. so albina was not a decaying community? no. at the time, 80% of portland's black population lived in albina, when thousands had to

move, they got a fraction of their property values. families who refused to leave ran the risk of losing everything, and the city denied responsibility for any damages. we were the last ones to leave our neighborhood because daddy said, i am not accepting any, just any offer. that's my mother and my father. donna's parents held out until she was in the eighth grade. i remember the last day we were there and we walked through every room, um, and said goodbye. we all cried. her family moved to another neighborhood where they purchased a grocery store, but the black community of albina was destroyed. people left town for families, broke up. if you look at the pictures, it looks like a bomb went off. i think eminent domain is very intentional. we lost our businesses when albina was destroyed. there's $1 billion of wealth that has been stolen from families. winta yohannes is the executive director of the albina vision trust, a nonprofit that's

overseeing the area's revival. the goal to develop 94 acres over the next 50 years with parks high rises, community spaces and small businesses, it's being promoted as affordable housing. we need to provide more than affordable housing. if what we're really talking about is restorative economics, some of the feedback that we hear most clearly is that it's an insult to have owned property right here and then to be invited back to rent it is incredibly important that we think about what it means to have ownership. this is the gold we've chosen. portland native sandra robinson of lever architecture is leading the build. what was it about about this project that made you want to get involved? this was the first project we were going to create a new future and create new stories. it's really important that everyone have a well-designed home and something that's beautiful. you deserve to have a dignity in your home. sandra, who is black and

mexican, is one of a handful of diverse architects in oregon and the country. what sensibilities do you believe you bring to this particular project as a woman of color? it starts with school, right? all of the architects and designers that you learn about, they're all white european guys. so that's what you learn is good architecture. what good design really is, is communicating with the people who are going to use the space and understand adding what barriers that they're facing, that the space can possibly address. i don't know if we showed that already in the bathroom. it's really important for people to see that there are black owners, black architects and black contractors. it's really that when you walk in the space, there's evidence of you or your culture in some way, okay, this new community, it's a bit of an experiment. of course. you want something that's an experiment because you want more than what's here now. it's not dwelling on the past. no it's not. it's all about what can we build in the future, a future donna

maxey hopes will be inclusive. i have finally gotten so i'm not angry, but it's taken a long time. i think it's important that there be a black presence here in portland, but at the same time, don't remove us in the first -- place in portland. for matter of fact, i'm alexis clark. coming up, this tax season, one of the biggest changes is at the irs itself. how a new program could change the way you file your taxes. and school lunch debt is piling up for families who are struggling to feed their kids. we talk to teachers and cafeteria workers in pennsylvania who want universal school free lunch. welcome back to, matter of fact,

(♪♪) we come from a long line of cowboys.

(♪♪) when i see all of us out here on this ranch, i see how far our legacy can go. (♪♪) more than 30 million children can't afford meals at school, many going without because of mounting school lunch debt. families had a temporary reprieve during the pandemic, when the government paid for every public school student to eat well. now, states are left to decide things on their own. only nine states officially have free meals california, maine, colorado, illinois, minnesota, new mexico, vermont, michigan and massachusetts. recently, south dakota lawmakers killed the bill for free lunch. advocates in pennsylvania are pushing for it. our correspondent laura chavez traveled to pennsylvania to talk to teachers, cafeteria workers, and families who are fighting for kids to eat for free taco

pizza and tater tots. today, honey, when kids pour into the cafeteria at oak park elementary in hatfield, pennsylvania, jillian brandis knows the time they spend here matters all day long, they're studying books and then they get to come here and have a break. kids need food. kids need food before they learn and before they're ready to learn. jonathan winkle is oak park's principal and an advocate for making sure school meal debt doesn't keep a child from eating. we don't know what their home environment is, so it's very important at this one moment of the day where they have a chance to have a warm, home cooked meal here in our cafeteria every kid in his school gets free lunch, even if they can't pay, they eat thanks to a fund set up by the staff. but other schools are struggling to offset the impact of school meal debt. vito malacari is a teacher at a school in northeastern pennsylvania. during the pandemic. to take this a step back, we had a universal breakfast and lunch program that students didn't

have to pay for breakfast. they didn't have to pay for lunch. during that time, we saw a student engagement increase. we saw attendance increase, and then those programs disappeared. now, malacari says, some kids aren't eating because they can't pay. thousands of students each year fall through these cracks and it creates a cycle of poverty. it can just be very difficult right now, given high food and fuel costs to cover the expense of a school meal. diane pratt heavner is the spokesperson for the school nutrition association. our 2023 trend survey. surveyed over 1200 school meal program directors from all over the country, among those schools that have to charge for meals, 96% reported that they're challenged by unpaid meal debt, meal prices vary based on individual school districts, but on average, a school lunch costs about $3 and breakfast costs about $1.75. but if you have three kids in

school at a time, paying that price times 180 days of school, that really adds up. and if the meal debt goes unpaid, the school district has to pay and that comes out of education. funds come back in the main door. jonathan winkle knows other principals and districts are looking for ways to make ends meet. he's grateful for the contributions his employees make to feed their students. we take great strides here to make sure that all students, when they come into the cafeteria, know that they're in a safe space, and what that means is they know they're going to be fed, and they know that any needs they have are going to be met in northeastern pennsylvania. i'm laura chavez for matter of fact, ahead on matter of fact, how much do you pay in taxes? that answer may have changed. we break down the new tax brackets and what they mean for your return. plus, study after study shows sitting at a desk all day isn't good for your health. but counteract it could be quicker than you think to stay

up to date with matter of fact, sign up for our newsletter at matteroffacttv.

as you prepare to file here are some of the biggest changes you should know about. first, for parents, congress is debating the return of a covid era policy. the child tax credit. if the bill is passed in the next few weeks, it can be applied retroactively to 2023 returns, meaning that some families will see a larger credit and more money in their pockets. also check your tax bracket. they've been adjusted for inflation, and economists say that will make them more favorable overall for taxpayers. this year, the standard deduction is also increasing, up $1,800 for married couples filing jointly, up $900 for single taxpayers. and this isn't new, but it's a reminder for anybody who's moving to cleaner energy. there are tax benefits for you,

a tax credit of up to $7,500. if you bought a new electric vehicle, $3,200 for any energy efficient home improvement. also this year, the irs is testing out its in-house tax preparation and filing system, select taxpayers in 12 states can file their federal taxes directly with the irs for free starting mid-march. to check if you're eligible, go to direct filing irs.gov gov. still ahead on matter of fact, researchers studied nearly half a million workers for more than a decade. we explore the link between our jobs and our health. when moderate to severe ulcerative colitis takes you off course. put it in check with rinvoq, a once-daily pill. when i wanted to see results fast, rinvoq delivered rapid symptom relief and helped leave bathroom urgency behind. check. when uc tried to slow me down... i got lasting, steroid-free remission with rinvoq. check. and when uc caused damage rinvoq came through

by visibly repairing my colon lining. check. rapid symptom relief... lasting steroid-free remission... ...and the chance to visibly repair the colon lining. check, check, and check. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal; cancers, including lymphoma and skin cancer; death, heart attack, stroke, and tears in the stomach or intestines occurred. people 50 and older with at least 1 heart disease risk factor have higher risks. don't take if allergic to rinvoq as serious reactions can occur. tell your doctor if you are or may become pregnant. put uc in check and keep it there with rinvoq. ask your gastroenterologist about rinvoq and learn how abbvie can help you save.

desk jobs and it's taking a toll on our health. that's according to a new study published in the journal of the american medical association. they monitored nearly 500,000 people over 12 years, and they found that workers who primarily

sit all day have a 16% higher risk of mortality than those who have more active jobs. that's across the board. higher mortality risk from all causes. it's even worse when it comes to cardiovascular disease. the study found that sedentary workers were 34% more likely to die from that than their more active counterparts. so can anything be done? well, the research found that if desk workers did just 15 to 30 minutes of additional exercise each day, the increased risk would disappear. so as we head into february, maybe this information serves as a nudge for any of us who made exercise a new year's resolution. that's it for this edition of matter of fact, i'm soledad o'brien. i'll see you back here next week to watch more stories like this any time, head to matteroffacttv ktrk-tv.

today on "asian pacific america," fast rising pacific islander standup comic tamua is coming to san jose improv february 16 and 17. we'll talk about how and why his cultural comedy is going over so well w a