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25 Feb 2024, 2:44 pm by Josh Blackman
During Emoluments litigation, @gauthamrao & I had a better explanation in 2017: At an Originalism conference in San Diego, @JoshMBlackman debated @WilliamBaude & Mike Paulsen, followed by Q and A, over roughly 3 hours. [read post]
19 Feb 2024, 8:14 am by Josh Blackman
" Baude & Paulsen, The Sweep and Force of Section 3, at 20 n.55 (emphasis added). [read post]
9 Feb 2024, 11:37 am by Josh Blackman
[Justice Jackson explained that an ambiguous text should be interpreted in favor of expanding democracy. [read post]
8 Feb 2024, 2:41 pm by Mark Walsh
When the justices take the bench at 10 a.m., Chief Justice John Roberts says, “Before we turn to the case this morning, the court has two opinions to announce. [read post]
6 Feb 2024, 7:10 am by Ellena Erskine
Here’s the Tuesday morning read: “Disenfranchisement and Chaos”: The Supreme Court Hears Pivotal Case on Whether Trump Is Eligible to Run for President (Andy Kroll, ProPublica) Donald Trump urges Supreme Court to keep him on ballot in final pitch before arguments (John Fritze, CNN) The Use and Misuse of Section Three’s “Legislative History:” Part I (Will Baude And Michael Paulsen, The Volokh Conspiracy) Shadow of Bush v. [read post]
9 Jan 2024, 9:01 pm by Josh Blackman
  Here, we give all credit to John Connolly, who located these Louisville Daily Journal sources, along with several related contemporaneous newspaper articles. [read post]
13 Sep 2023, 10:08 pm by Josh Blackman
"Will Baude clerked for Chief Justice John Roberts and is among the most distinguished scholars there is. [read post]
13 Sep 2023, 5:44 pm by Mark Graber
  That whether former president John Tyler, who became a secessionist in 1861, would have been disqualified from office had he survived the Civil War depended on whether Tyler held other state or federal offices is nonsensical. [read post]
28 Aug 2023, 4:00 am by Michael C. Dorf
But I also agree with the Baude/Paulsen/Luttig/Tribe view that Griffin is relatively easy to overcome. [read post]
25 Aug 2023, 8:27 am by Ned Foley
John Yoo and Robert Delahunty in The Federalist has an extended analysis of the issue of applying section 3 of the Fourteenth Amendment to Trump. [read post]
22 Aug 2023, 6:06 am by Jeffrey Sonnenfeld
  The authors are two highly conservative, leading legal scholars, William Baude and Michael Stokes Paulsen. [read post]
21 Jul 2023, 4:00 am by Jim Sedor
From the States and Municipalities Alabama – Alabama Legislature Passes Redistricting Maps That Democrats Say Defy Court Order MSN – John Wagner and Maegan Vazquez (Washington Post) | Published: 7/19/2023 The Republican-led House and Senate in Alabama approved dueling congressional maps that would increase the percentage of Black voters in the state’s Second District but not by enough, Democrats argued, to comply with a federal court order to create two… [read post]
4 May 2023, 8:47 am
Heaney compares my critique of originalism to similar arguments by Michael Stokes Paulsen against nonoriginalism. [read post]
3 Apr 2023, 4:20 pm by Thomas Berg
  */ Doug Laycock, Michael McConnell, Rick Garnett, John Inazu, Michael Paulsen, Asma Uddin, and yours truly. [read post]