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28 May 2024, 5:59 am by Nikhel Sus
(And surely the Union states that ratified the Fourteenth Amendment would have been shocked to learn they were powerless to stop disqualified Confederate leaders like Jefferson Davis and Robert E. [read post]
5 Mar 2024, 1:51 pm by Josh Blackman
Indeed, Jefferson Davis raised the Fourteenth Amendment in just such a defensive context. [read post]
12 Feb 2024, 9:51 am by Scott Bomboy
“It was a circuit court decision by a justice who, when he becomes a justice, writes in the Davis case, he assumed that Jefferson Davis would be ineligible to hold any office, particularly the presidency, and treated, and this is his words, as executing itself, needing no legislation on the part of Congress to give it effect. [read post]
8 Feb 2024, 1:47 pm by Ilya Somin
He also admitted that people at the time feared that a former Confederate such as Jefferson Davis could potentially become president. [read post]
8 Feb 2024, 11:37 am by Josh Blackman
The dichotomy helps to reconcile Griffin's Case with the Case of Jefferson Davis. [read post]
3 Feb 2024, 5:36 pm by Howard Bashman
And Lawrence Hurley of NBC News reports that “Supreme Court may look to the Civil War to resolve whether Trump can be on the ballot; Chief Justice Salmon Chase’s handling of cases involving Confederate President Jefferson Davis and a Black man in Virginia help inform the Supreme Court ahead of Feb. 8 hearing. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  The short version is that it’s a stone-cold loser, not least because it would have absurd ramifications (such as that it would mean Jefferson Davis would’ve been disqualified from serving in virtually any federal or state office except the presidency and vice-presidency, and that the Foreign Emoluments Clause wouldn’t prohibit the President, Vice-President, and members of Congress from accepting titles, offices, gifts or emoluments from… [read post]
2 Feb 2024, 1:14 pm by Amy Howe
ShareThe Supreme Court will hear oral arguments on Thursday in what is shaping up to be the biggest election case since its ruling nearly 25 years ago in Bush v. [read post]
9 Jan 2024, 9:01 pm by Josh Blackman
Here the article invoked the same reasoning used by Chief Justice Marshall in United States v. [read post]
24 Dec 2023, 9:05 pm by The Regulatory Review
Barajas, University of California, Davis Regulators must redress transportation inequities in rural and disadvantaged communities. [read post]
8 Dec 2023, 7:54 am by Josh Blackman
On December 6, the Colorado Supreme Court heard oral argument in Griswold v. [read post]