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In the space below, we raise and begin to analyze several interesting legal issues raised by the recent decision by a federal district court judge to dismiss the lawsuit filed by the Disney Corporation against Florida officials for alleged retaliation (against Disney’s outspoken opposition to certain Florida laws and policies) by altering the structure of the board that regulates the land in which Disney World is located. [read post]
27 Feb 2024, 6:05 am by Katherine Yon Ebright
Former President Donald Trump has promised voters that, if re-elected, he would “immediately” invoke the Alien Enemies Act to effect mass deportations of non-citizens from Mexico. [read post]
19 Feb 2024, 8:14 am by Josh Blackman
Senator Garrett Davis of Kentucky likewise objected to the penal nature of the second section of the bill. [read post]
14 Feb 2024, 3:05 pm by Marty Lederman
  Mitchell’s lead argument, to which he devoted far more pages in his briefs than any other, was that although Donald Trump served as “the President of the United States of America,” Art. [read post]
In 2022, after US Magistrate Judge Bruce Reinhart unsealed the search warrant and other documents in the Florida case against former president Donald Trump over his handling of classified documents at his home Mar-a-Lago, Reinhart faced a barrage of violent and anti-semitic threats. [read post]
14 Feb 2024, 5:16 am by Beatrice Yahia
Caroline Davies reports for BBC News. [read post]
12 Feb 2024, 9:00 pm by Vikram David Amar
Trump ensues in other states, those states would be required by the Colorado ruling (if it were to stand) to remove Donald Trump from consideration, because ordinarily once a person has lost a lawsuit in one state, he is prevented (that is, precluded) from relitigating in other states the matters (in this case Trump’s having taken an oath and been an insurrectionist) on which he lost in the first case. [read post]
12 Feb 2024, 9:51 am by Scott Bomboy
Supreme Court last Thursday, many of the justices questioned the broad impact of a Colorado Supreme Court ruling that would disqualify former President Donald Trump from that state’s primary ballot. [read post]
9 Feb 2024, 11:37 am by Josh Blackman
[Justice Jackson explained that an ambiguous text should be interpreted in favor of expanding democracy. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
In one of my previous posts, I explained why it's unlikely that a majority of the Justices will hold that the Fourteenth Amendment bars Donald Trump from holding federal office. [read post]
2 Feb 2024, 1:14 pm by Amy Howe
At issue is whether former President Donald Trump, who is once again the front runner for the Republican nomination for president, can be excluded from the ballot because of his role in the Jan. 6, 2021, attacks on the U.S. [read post]
28 Jan 2024, 8:49 pm by Marty Lederman
House of Representatives (by a vote of 232-197) and the Senate (57-43) determined that Donald Trump engaged in an insurrection on January 6, 2021; that such conduct amounted to “high crimes and misdemeanors”; that Trump’s conduct disqualified him from holding any office under the United States by virtue of Section 3 of the Fourteenth Amendment (which the Article of Impeachment expressly cited); and that Trump accordingly “warrants … disqualification to hold… [read post]
21 Jan 2024, 12:05 am by Frank Cranmer
(L&RUK Health Warning: Mandy Rice-Davies Applies.) [read post]
16 Jan 2024, 5:45 am by Mark Graber
  The mob that stormed the Capital was attempting to prevent the lawful transition of power from Donald Trump to Joseph Biden. [read post]
6 Jan 2024, 6:00 am by Meghan Conroy
Franks’ statement explains the organizational dynamics and financial interests that have subsequently led social media platforms to largely abandon protections they put in place after January 6, 2021, including restoring former President Donald Trump’s accounts and dropping policies related to false claims about the legitimacy of the 2020 election. [read post]
29 Dec 2023, 6:29 am by Mark Graber
  Are you prepared to admit Jeff Davis to take the oath of office and make your laws? [read post]