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[Josh Blackman] Unanimous Supreme Court Adopts the Sword-Shield Dichotomy To Explain How Constitutional Rights Can Be Litigated

17 Apr 2024, 9:03 am by Josh Blackman

Griswold, Colo., 543 P.3d 283, 348, 351 & n.7, 356 (Colo. [read post]

The Volokh Conspiracy - http://www.volokh.com/

News You Can Use Digest – March 29, 2024

29 Mar 2024, 4:00 am by Jim Sedor

The commission accuses Price of 21 violations of the city’s ethics laws, many of them similar to those filed by Los Angeles County District Attorney George Gascón against Price last year. [read post]

Lobby Comply Blog - https://stateandfed.com/lobbycomply/feed

What's dividing the Justices (and other initial reactions to the Court's decision in Trump v. Anderson)

5 Mar 2024, 8:13 am by Marty Lederman

Anderson. [read post]

Balkinization - http://balkin.blogspot.com/

A Reality Check on "Officers of the United States" at the Founding

19 Feb 2024, 8:57 am by John Mikhail

Anderson. [read post]

Balkinization - http://balkin.blogspot.com/

A User’s Guide to Trump v. Anderson, Addendum II: The Justices’ Principal Concern at Oral Argument, and the Possibility of a Federalism-Based Resolution

15 Feb 2024, 3:33 pm by Marty Lederman

This was the point of Justice Thomas’ very first question to Jason Murray, and it was a recurring theme throughout the argument. [read post]

Balkinization - http://balkin.blogspot.com/

A User’s Guide to Trump v. Anderson, Addendum I: A Few Reflections on the Oral Argument

14 Feb 2024, 3:05 pm by Marty Lederman

Anderson, to account for things that arose at oral argument last Thursday. [read post]

Balkinization - http://balkin.blogspot.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

Celebrezze, 460 U.S. at 786-87 n.7.) [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/

Protect Good Faith Security Research Globally in Proposed UN Cybercrime Treaty

7 Feb 2024, 7:57 am by Karen Gullo

Statement to be submitted by the Electronic Frontier Foundation, accredited under operative paragraph No. 9 of UN General Assembly Resolution 75/282, on behalf of 124 signatories. [read post]

Deeplinks Blog - https://www.eff.org/deeplinks

[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/

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

And strangely, Part II-A of Professor Tillman’s brief devotes six pages to arguing (mistakenly) that “[i]n the Constitution of 1788, the President did not hold an ‘Office … under the United States,'” without arguing that the same is true in Section 3 of the Fourteenth Amendment—let alone that the alleged limited meaning of that phrase in 1788 is a reason for reversing the Colorado Supreme Court.) [read post]

Balkinization - http://balkin.blogspot.com/

[Kurt Lash] Section Three and the "First Insurrection" … That Wasn't

29 Jan 2024, 8:09 am by Kurt Lash

Anderson, and I'm delighted to have it published here. [read post]

The Volokh Conspiracy - http://www.volokh.com/

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

Anderson—contend that Trump is disqualified to serve as President. [read post]

Balkinization - http://balkin.blogspot.com/

[Josh Blackman] Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution

27 Jan 2024, 7:54 pm by Josh Blackman

Anderson, the Section 3 case. [read post]