Search for: "In re Disqualification of Griffin" Results 1 - 20 of 34
Sort by Relevance | Sort by Date
RSS Subscribe: 20 results | 100 results
5 Mar 2024, 1:51 pm by Josh Blackman
Were Trump re-elected, and contrary to Professor Lederman's hopes and aspirations, the question of whether the President is an "Officer of the United States" will not be "re-consigned to the obscure corners of implausible scholarship. [read post]
5 Mar 2024, 8:13 am by Marty Lederman
”  Perhaps, then, those arguments will be re-consigned to the obscure corners of implausible scholarship from whence they came. [read post]
4 Mar 2024, 12:47 pm
The court otherwise affirmed, holding(1) that the Colorado Election Code permitted the respond-ents’ challenge based on Section 3; (2) that Congress neednot pass implementing legislation for disqualifications un-der Section 3 to attach; (3) that the political question doc-trine did not preclude judicial review of former PresidentTrump’s eligibility; (4) that the District Court did not abuseits discretion in admitting into evidence portions of a con-gressional Report on the… [read post]
19 Feb 2024, 8:14 am by Josh Blackman
We refer to this element as the "criminal disqualification provision. [read post]
15 Feb 2024, 3:33 pm by Marty Lederman
  First, it’s likely that many or all of the Justices will want to preserve states’ authority to prevent rebels and insurrectionists from holding state offices, as New Mexico did in the Couy Griffin case currently pending before the Court. [read post]
14 Feb 2024, 3:05 pm by Marty Lederman
Thornton, because two-thirds of both Houses of Congress might still vote to remove the Section 3 disqualification for Trump if he’s elected. [read post]
12 Feb 2024, 9:51 am by Scott Bomboy
“You might think they’re frivolous, but the people who are bringing them may not think they’re frivolous. [read post]
9 Feb 2024, 3:48 pm by Josh Blackman
You're suggesting there may be a barrier under the Constitution to a state legislating an enforcement mechanism for Section 3 specific to federal officers. [read post]
9 Feb 2024, 11:37 am by Josh Blackman
Mitchell was petrified of the Emoluments Clause and the Impeachment Disqualification Clause. [read post]
6 Feb 2024, 7:35 am by Marcia Coyle
Trump relies on a very old circuit court case, In re Griffin (1869), in which Chief Justice Samuel Chase ruled that Section 3 was inoperative until Congress passed enabling legislation. [read post]
5 Feb 2024, 9:59 am by Scott Bomboy
“The state courts should have regarded congressional enforcement legislation as the exclusive means for enforcing Section 3, as Chief Justice Chase held in In re Griffin,” a circuit decision from 1869. [read post]
2 Feb 2024, 7:27 am by Marty Lederman
   To be sure, a state has the power to enforce Section 3 with respect to state officers who are subject to Section 3’s disqualification rule. [read post]
31 Dec 2023, 10:19 am by Jack Bogdanski
The state's voters, in Ballot Measure 113, said that these rebels should be barred from running for re-electon as punishment for not showing up. [read post]
6 Sep 2023, 11:44 pm by Joseph Fishkin
Couy Griffin, a minor figure in that same conspiracy, was at the Capitol that day (outside, anyway). [read post]
14 Aug 2023, 4:00 am by Eric Segall
This case, In Re Griffin, according to the authors, "continues to cast a shadow over Section 3 today. [read post]
11 Aug 2023, 3:00 am by Will Baude
Only a two-thirds majority vote of both houses of Congress could remove that sweeping disqualification. [read post]