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[Ilya Somin] Thoughts on the Supreme Court Oral Argument in the Trump Section 3 Case
8 Feb 2024, 1:47 pm by Ilya Somin
Anderson overwhelmingly focused on the issue of whether Section 3 of the Fourteenth Amendment is "self-executing," that is whether states can enforce it in the absence of congressional legislation. [read post]
The Volokh Conspiracy - http://www.volokh.com/
‘Major’ movie production returning to downtown Sacramento. Here’s what we know
8 Feb 2024, 1:31 pm by Yosi Yahoudai
(FOX40.COM) — Sacramento city officials said a “major motion picture” will continue filming in downtown, prompting road closures this weekend. [read post]
J&Y Personal Injury Blog - https://jnylaw.com/blog/
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
, Anderson v. [read post]
Balkinization - http://balkin.blogspot.com/
[Eugene Volokh] "Seven Questions on Section 3: A Response to Professor Kurt Lash"
8 Feb 2024, 9:36 am by Eugene Volokh
Anderson. [read post]
The Volokh Conspiracy - http://www.volokh.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
Anderson. [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
Senator); Anderson v. [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
Senator); Anderson v. [read post]
Balkinization - http://balkin.blogspot.com/
[Josh Blackman] Tillman in the Times: "A Legal Outsider, an Offbeat Theory and the Fate of the 2024 Election"
7 Feb 2024, 7:42 am by Josh Blackman
Anderson. [read post]
The Volokh Conspiracy - http://www.volokh.com/
:@WilliamBaude: Section Three Is Not A "Political Question"
7 Feb 2024, 5:19 am by Will Baude
Anderson litigation, both the Colorado District and the Colorado Supreme Court found Section Three to be justiciable and Trump has not pressed a political question argument in his Supreme Court merits briefs. [read post]
The Volokh Conspiracy - http://www.volokh.com/
The U.S. is no Longer a "Mature Democracy": Implications for Trump's Ballot Eligibility
7 Feb 2024, 4:30 am by Michael C. Dorf
Anderson as a basis for leaving the case to the political process. [read post]
Dorf on Law - http://www.dorfonlaw.org/
:@WilliamBaude: The Use and Misuse of Section Three's "Legislative History": Part II
6 Feb 2024, 7:20 am by Will Baude
  Lash adds the further comment that it "is not clear" whether the majority of the Indiana Assembly "disagreed with the minority's understanding or whether the majority had no objection to a clause addressing only the past rebellion (or whether they fo [read post]
The Volokh Conspiracy - http://www.volokh.com/
Explaining Donald Trump’s 14th Amendment case at the Supreme Court
5 Feb 2024, 9:59 am by Scott Bomboy
Norma Anderson will turn on an interpretation of the Section 3 of the 14th Amendment of the U.S. [read post]
Constitution Daily - https://constitutioncenter.org/blog
:@WilliamBaude: The Objection: "But He Hasn't Been Convicted Of Anything"
5 Feb 2024, 5:05 am by Will Baude
Anderson asserts (pp. 38-40) that Section Three can only be enforced following a criminal conviction under 18 U.S.C. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Part Five: Trump’s Argument That He Did Not Engage in an Insurrection
4 Feb 2024, 6:29 pm by Marty Lederman
  After all, majorities of both Houses of Congress concluded that it was an insurrection and that Trump “engaged in” it; and it’s widely and commonly referred to as an “insurrection” in public discourse. [read post]
Balkinization - http://balkin.blogspot.com/
[Josh Blackman] In Trump v. Anderson, the Respondents' Theory Would Render Unconstitutional Every Speaker and President Pro Tempore Since 1789, as Well as President Grant's VP and Presidential Candidate George McGovern
4 Feb 2024, 1:01 pm by Josh Blackman
Anderson have pivoted to a new strategy. [read post]
The Volokh Conspiracy - http://www.volokh.com/
:@WilliamBaude: The Objection That Enforcing Section Three Would Be Too "Dangerous"
4 Feb 2024, 11:30 am by Will Baude
  "To their credit," the majority focused on r [read post]
The Volokh Conspiracy - http://www.volokh.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/
A User’s Guide to Trump v. Anderson, Interim Post: Two Important Things All the Parties Get Wrong, and One Other Important Thing They Don’t Address
2 Feb 2024, 7:27 am by Marty Lederman
  The Anderson Plaintiffs, for example, represent (Br. at 12) that the Colorado Supreme Court held that “states have constitutional power to enforce Section 3 through ballot access laws” and (p. 52) that the Colorado Election Code “allows voters to sue for enforcement of federal constitutional qualifications at the ballot-access stage. [read post]
Balkinization - http://balkin.blogspot.com/
Look Away: How the Supreme Court Could Set Aside Trump’s Disqualification for Insurrection under the Fourteenth Amendment
2 Feb 2024, 6:51 am by Dean Falvy
This article will examine the Court’s options in Anderson—particularly options that would put Trump back on the ballot—and attempt to assess which course the majority will likely choose.Is There a Problem, Officer? [read post]
Verdict - http://verdict.justia.com/
A User’s Guide to Trump v. Anderson, Part Two: The Three Possible, but Less-than-Ideal, Dispositions of the Case
31 Jan 2024, 7:10 am by Marty Lederman
As I noted in my previous post, overwhelming majorities in both the U.S. [read post]
Balkinization - http://balkin.blogspot.com/