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Why and How the Senate Should Swiftly Dismiss the Impeachment Charges Against Mayorkas
14 Feb 2024, 9:24 am by Joshua Matz
Finally, the Senate addressed pre-trial motions to dismiss in the cases of Judge Alcee Hastings and Judge Thomas Porteous. [read post]
Just Security - https://www.justsecurity.org/
“The Case for Removing Trump From the Ballot Has a Fatal Originalist Flaw”
13 Feb 2024, 2:17 pm by Rick Hasen
Brook Thomas in Slate: Oral arguments in the Supreme Court for Donald Trump v. [read post]
Election Law - http://electionlawblog.org/
SCOTUS dispatch: outside the Supreme Court after the Trump v. Anderson oral arguments
12 Feb 2024, 8:24 pm by Marissa Zupancic | U. Pittsburgh School of Law, US
Anderson, a case brought by Colorado voters seeking to remove former President Donald Trump from the ballot due to his alleged violation of the Fourteenth Amendment’s “insurrection clause,” press events were held on the steps of the court. [read post]
JURIST - Paper Chase - https://www.jurist.org/news/
SCOTUS dispatch: ‘in the room where it happened’ for the oral arguments in the Trump v. Anderson ballot disqualification case
9 Feb 2024, 12:46 pm by Marissa Zupancic | U. Pittsburgh School of Law, US
Once again, Justice Thomas began the questioning. [read post]
JURIST - Paper Chase - https://www.jurist.org/news/
The “Unassailable” Theory Faces a Potential Unanimous Rejection
9 Feb 2024, 10:01 am by jonathanturley
Anderson captivated the nation as the justices considered the disqualification of former President Donald Trump from the 2024 presidential ballot. [read post]
Jonathan Turley - https://jonathanturley.org/
News You Can Use Digest – February 9, 2024
9 Feb 2024, 3:00 am by Jim Sedor
Donald Trump’s emergence as a political force changed the equation. [read post]
Lobby Comply Blog - https://stateandfed.com/lobbycomply/feed
A packed courtroom for the Trump ballot case
8 Feb 2024, 2:41 pm by Mark Walsh
Thomas in St. [read post]
SCOTUSblog - http://www.scotusblog.com/
Supreme Court appears unlikely to kick Trump off Colorado ballot
8 Feb 2024, 12:14 pm by Amy Howe
ShareThe Supreme Court on Thursday appeared ready to hold that Colorado cannot exclude former President Donald Trump from the ballot based on his role in the Jan. 6, 2021, attacks on the U.S. [read post]
SCOTUSblog - http://www.scotusblog.com/
A User’s Guide to Trump v. Anderson, Part Eight: The First Amendment/Right to Vote/Federalism-Based "Off-Ramp" Argument that is Likely to Carry the Day
8 Feb 2024, 9:44 am by Marty Lederman
The specific question in this case is whether it would be lawful for Colorado to remove Donald Trump’s name from its Republican presidential primary ballot. [read post]
Balkinization - http://balkin.blogspot.com/
[Josh Blackman] A Reply to Peter Keisler and Richard Bernstein, and Michael Luttig, on Section 3
7 Feb 2024, 7:45 pm by Josh Blackman
On January 29, Luttig was the lead signatory of an amicus brief to the Supreme Court, which was joined by Peter Keisler, Larry Thompson, Stuart Gerson, and Donald Ayer. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:35 pm by Marty Lederman
 In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
Balkinization - http://balkin.blogspot.com/
A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of Appointment that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:02 pm by Marty Lederman
In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
Balkinization - http://balkin.blogspot.com/
Law and Media Round Up – 5 February 2024
4 Feb 2024, 4:40 pm by INFORRM
Donald Trump filed the claim against Orbis Business Intelligence, a British firm co-founded by Christopher Steele, a former MI6 intelligence officer. [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
A User’s Guide to Trump v. Anderson, Part Four: Trump’s Argument That His Tenure as President Did Not Subject Him to Section 3 Because the President is Not an “Officer of the United States”
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]
Balkinization - http://balkin.blogspot.com/
Lenity and Agency Deference in Garland v. Cargill, by Tess Saperstein
31 Jan 2024, 6:22 am by Guest Author
 As Thomas Merrill has noted, “[a]dministrative rulemaking, at least in its modern guise, is subject to a much more unyielding set of procedural requirements” than legislative statute-making. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
[Kurt Lash] Section Three and the "First Insurrection" … That Wasn't
29 Jan 2024, 8:09 am by Kurt Lash
Anderson, the case involving Donald Trump's potential disqualification under Section Three of the Fourteenth Amendment. [read post]
The Volokh Conspiracy - http://www.volokh.com/
How a Commitment Rule Would Improve the Choice of Cross-Border Insolvency Forum
28 Jan 2024, 9:05 pm by renholding
Casey, the Donald M. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
A User’s Guide to Trump v. Anderson, Part One: Why the U.S. Supreme Court Might Resolve the Case Even Though Its Decision Probably Won’t Affect the Colorado Presidential Primary Election Ballot
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]
Balkinization - http://balkin.blogspot.com/
Historians Brief in Trump v. Anderson
27 Jan 2024, 8:05 am by ernst
Supreme Court from the Colorado Supreme Court's exclusion of Donald J. [read post]
Legal History Blog - http://legalhistoryblog.blogspot.com/
Law and Media Round Up – 22 January 2024
22 Jan 2024, 1:10 am by INFORRM
United States The trial to determine the damages owed to E Jean Carroll by Donald Trump began on 16 January 2024 in New York. [read post]
Inforrm's Blog - https://inforrm.wordpress.com/