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SCOTUS Ducking the Trump Eligibility Question Now will Pressure the Court to Rule in his Favor Later
16 Feb 2024, 7:56 am
Anderson indicated that SCOTUS is likely to reverse the Colorado Supreme Court on the ground that a federal actor, not each of the fifty states, should make the key decisions regarding who becomes President. [read post]
15 Feb 2024, 11:41 pm
The lawsuit has caused serious confusion within federal agencies about how to communicate with social media platforms about foreign and domestic threats to U.S. elections. [read post]
15 Feb 2024, 4:59 am
He also pressed how important it is to emphasize that theft from museums is a federal violation since these museums are owned by the government. [read post]
14 Feb 2024, 3:05 pm
The mystery is why Mitchell believed that his best argument was one for which there is no “good rationale. [read post]
13 Feb 2024, 11:53 am
After nearly two weeks, the plaintiff was transferred back to Avery-Mitchell. [read post]
12 Feb 2024, 9:01 pm
Given that the President is elected by the whole nation, this argument goes, a federal body—such as Congress—rather than fifty states should decide on a major party candidate’s eligibility. [read post]
12 Feb 2024, 1:23 pm
The collection was curated by Marquette Law professor Ryan Scoville and his former research assistant Mitchell Knief, now a trademark attorney. [read post]
12 Feb 2024, 6:41 am
Is the federal prison system in crisis? [read post]
9 Feb 2024, 3:48 pm
" How did Mitchell answer it? [read post]
9 Feb 2024, 1:28 pm
United States: the states are disabled from legislating in this area of federal interest. [read post]
9 Feb 2024, 12:46 pm
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
" All of these phrases, critics say, refers to all federal positions. [read post]
9 Feb 2024, 9:20 am
" Mitchell stated, "So there is this gap between the term 'officer' and the phrase 'officers of the United States,' reinforcing the idea that 'officers of the United States' is a term of art that doesn't refer just to federal officeholders, which is what the Anderson litigants are claiming, but refers only to those who are appointed, not to those who are elected. [read post]
9 Feb 2024, 4:00 am
Mitchell's second move was problematic too. [read post]
8 Feb 2024, 9:01 pm
[3] SeeBoard of Governors of the Federal Reserve System, “Assets and Liabilities of Commercial Banks in the United States” (Feb. 2, 2024),available athttps://www.federalreserve.gov/releases/h8/current/default.htm. [read post]
8 Feb 2024, 2:41 pm
When the cases involving Texas’s S.B. 8 restrictive abortion law were argued in the fall of 2021, Kagan had indirectly referred to Mitchell as one of the “geniuses” who helped devise a way to protect that law from federal constitutional review. [read post]
8 Feb 2024, 2:35 pm
“This was a riot, it was not an insurrection,” Mitchell responded. [read post]
8 Feb 2024, 1:47 pm
Non-uniform interpretations of provisions of the federal Constitution by state and lower federal courts can occur in many contexts. [read post]
8 Feb 2024, 12:14 pm
In both scenarios, Mitchell contended, states are “accelerating the deadline to meet a constitutionally imposed qualification. [read post]
6 Feb 2024, 3:36 pm
(And the fact that Trump’s counsel Jonathan Mitchell doesn’t make any effort to defend this argument should tell you something about its prospects.) [read post]
