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15 Feb 2024, 4:33 am by Mark Graber
  Griffin’s Case was decided more than a month later. [read post]
14 Feb 2024, 3:05 pm by Marty Lederman
  The “Griffin’s Case” argument that Section 3 can only be enforced pursuant to a congressionally enacted statute (or, presumably, in a manner the Constitution itself authorizes, e.g., impeachment, or a House of Congress prohibiting an insurrectionist from sitting). [read post]
12 Feb 2024, 9:01 pm by Michael C. Dorf
For example, Justice Brett Kavanaugh repeatedly invoked Griffin’s Case, in which Chief Justice Salmon Chase, acting in his capacity as a lower court judge, ruled that Section 3 is not operative absent legislation by Congress. [read post]
12 Feb 2024, 9:51 am by Scott Bomboy
Justice Sonia Sotomayor seemed skeptical about one argument made by Trump’s attorney, Jonathan Mitchell, that Chief Justice Samuel Chase’s circuit court decision in Griffin required Congress to pass enabling legislation to allow states to disqualify insurrectionists. [read post]
12 Feb 2024, 6:41 am by David Oscar Markus
She pummeled Mitchell over his reliance on Griffin’s Case, his departure from the constitutional text, and his distortions of history. [read post]
12 Feb 2024, 1:02 am by INFORRM
On the same day, Richard Spearman KC dismissed the defamation claim in Griffin v North Cumbria Integrated Care NHS Foundation Trust. [read post]
11 Feb 2024, 10:55 am by jonathanturley
Comedian Kathy Griffin has not only become persona non grata after her gory depiction of a beheaded Trump but she is now beseeching people to buy tickets for a languishing come-back tour. [read post]
9 Feb 2024, 3:48 pm by Josh Blackman
Again, he hedged on whether Griffin's Case was correct: "the answer to all three of those questions turns on whether this Court agrees with the holding of Griffin's Case. [read post]
Over the course of his arguments, Mitchell repeatedly referred to Griffin’s Case, a federal circuit case from 1869 that concerned the “insurrection clause. [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]
9 Feb 2024, 4:11 am by Marty Lederman
Supreme Court Might Resolve the Case Even Though Its Decision Probably Won’t Affect the Colorado Presidential Primary Election BallotPart Two: The Three Possible, but Less-than-Ideal, Dispositions of the CasePart Three:  Two Important Things All the Parties Get Wrong, and One Other Important Thing They Don’t AddressBruce Ackerman Misunderstands My Point About What Colorado is Doing and May Do [UPDATED to respond to Bruce's follow-up post]Part Four: Trump’s Argument That… [read post]
8 Feb 2024, 3:45 pm by Steven Calabresi
 The Court will likely reverse the Colorado Supreme Court based on Griffin's Case, the absence of congressional legislation enforcing Section 3, and the prudential and pragmatic arguments made in Section 3 of the Brief signed by Attorneys General Edwin Meese III, Michael B. [read post]
8 Feb 2024, 2:41 pm by Mark Walsh
Griffin’s Case is also relevant to trying to figure out what the original public meaning of Section 3 of the Fourteenth Amendment is,” he says. [read post]
8 Feb 2024, 2:35 pm by Yosi Yahoudai
Griffin, involved a defendant’s challenge to a criminal conviction based on the fact that the judge in the case had fought for the Confederacy. [read post]
8 Feb 2024, 12:14 pm by Amy Howe
He cited Griffin’s Case, an 1869 decision by Chief Justice Salmon Chase, serving on a lower court. [read post]