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6 Feb 2024, 4:54 am by Will Baude
(That is, unlike the real Section Three, it applied to all confederates and not just former office-holders, it applied to voting in federal elections instead of office-holding, and it had a sunset clause.) [read post]
5 Feb 2024, 9:59 am by Scott Bomboy
The attorneys also rejected claims that Trump was not an officer of the United States, and that federal legislation was needed to enforce Section 3 of the 14th Amendment. [read post]
5 Feb 2024, 5:05 am by Will Baude
§2383, which covers participation in rebellion or insurrection, and which provides that those found guilty "shall be incapable of holding any office under the United States. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
Ohio apply to the Section 3 question, and that such incitement was a form of “engaging in” the violent insurrection itself—conduct that disqualifies Trump from serving in any future covered federal or state office, including the presidency. [read post]
2 Feb 2024, 1:14 pm by Amy Howe
The voters dismiss this argument, countering that the president has been called the “chief executive officer of the United States” since long before the 14th Amendment was drafted. [read post]
2 Feb 2024, 12:30 pm by John Ross
And in unusual en banc news, the Tenth Circuit has decided following panel argument that, rather than issue a panel opinion, it will sit en banc to decide in the first instance whether a pretrial detainee's Sixth Amendment rights were violated when the United States Attorney's Office obtained a recording of a phone conversation with his attorney (see trial court ruling here). [read post]
2 Feb 2024, 6:51 am by Dean Falvy
II, Sec. 3 states that the President “shall Commission all the Officers of the United States. [read post]
1 Feb 2024, 6:05 am by Kate Huddleston
Former Customs and Border Protection Commissioner Mark Morgan, former senior official Ken Cuccinelli, and former DHS Office of General Counsel attorney Mike Howell cited the “invasion or imminent harm” language in Article I, Section 10, Clause 3 and argued, “Texas, as a sovereign state, has the inherent authority to protect its citizens and enforce its own borders. [read post]
31 Jan 2024, 5:49 am by Senator Ron Wyden
Almost uniformly, critics of the GSRA have insisted that the bill requires a warrant for all queries of U.S. persons and persons inside the United States. [read post]
30 Jan 2024, 4:52 am by Beatrice Yahia
Defense Secretary meanwhile vowed the United States would take “all necessary actions” to defend its troops. [read post]
29 Jan 2024, 9:01 pm by Joseph Margulies
It is tempting to hope the message is that the United States abhors torture and will bring torturers to account, whoever and wherever they are. [read post]
28 Jan 2024, 9:01 pm by Austin Sarat
”In litigation leading up to Smith’s execution, the Alabama attorney general’s office repeated those promises. [read post]
27 Jan 2024, 2:29 pm
My decision to vote in favour of the measures indicated rests on the plausible claim by South Africa that certain statements by Israeli State officials, including members of its military, give rise to a real and imminent risk of irreparable prejudice to the rights of Palestinians under the Genocide Convention (see paragraphs 50-52 of the Order). [read post]
26 Jan 2024, 3:00 am by Jim Sedor
ProPublica – Jennifer Berry Hawes | Published: 1/11/2022 The United States saw a record number of women elected to statehouses last year. [read post]
25 Jan 2024, 6:55 pm by Stephen Halbrook
Itself a prolific issuer of guidance documents, the United States filed an amicus curiae brief in support of neither party. [read post]
25 Jan 2024, 4:00 pm by Rob Robinson
January 25, 2024, Update Vendor Voices in eDiscovery: From Mobile Collections and MEDAL to Announcements and Acquisitions ComplexDiscovery Staff Complete Legal’s Acquisition of Frontline Managed Service’s eDiscovery Unit: Setting a Client-Centric Standard in Legal Tech The recent merger of Complete Legal, L2 Services, and Precise Legal, followed by the acquisition of Frontline Managed Service’s eDiscovery unit, highlights a significant shift in the… [read post]
20 Jan 2024, 7:58 pm by Allan Blutstein
.) -- granting summary judgment to government after finding that Executive Office for United States Attorneys performed adequate search, plaintiff received all materials responsive to his request (notwithstanding initial miscounting of pages), and plaintiff did not challenge EOUSA’s redactions. [read post]