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5 Apr 2024, 3:41 pm by Josh Blackman
There is some scholarship defending the incorporation of the Establishment Clause by Kurt Lash and Fred Gedicks. [read post]
9 Feb 2024, 11:37 am by Josh Blackman
" Seth Barrett Tillman and I are the primary proponents of the former argument, and Kurt Lash is the primary proponent of the latter argument. [read post]
6 Feb 2024, 7:20 am by Will Baude
  Next, we discussed at length some serious mischaracterizations of portions of the legislative history of Section Three set forth in recent draft scholarship and essays by Professor Kurt Lash. [read post]
6 Feb 2024, 4:54 am by Will Baude
Kurt is a friend of ours and we do not wish to sound overly harsh. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
”   Some amici, such as Professor Kurt Lash, have filed briefs arguing that the presidency is not a “disqualified” office covered by the Positions Clause—in other words, that Section 3 permits someone to serve as President (or Vice-President) even if they are a covered person who has engaged in insurrection or rebellion against the United States (indeed, even if they’ve “given aid or comfort” to… [read post]
29 Jan 2024, 8:09 am by Kurt Lash
Kurt Lash (Richmond), who is a leading legal historian of the Fourteenth Amendment, was kind enough to pass along this response to an amicus brief by Profs. [read post]
3 Jan 2024, 7:09 am by Norman L. Eisen
& POL. 350 (forthcoming 2024)  Laura Gamio and Mitch Smith, Tracking Efforts to Remove Trump From the 2024 Ballot, New York Times (Jan. 2, 2024) Keegan Hamilton, Trump Challenges Move To Keep Him Off The 2024 Ballot In Oregon Supreme Court, Constitutional Accountability Center (Dec. 30, 2023)  Steven Portnoy, What the framers said about the 14th Amendment's disqualification clause: Analysis, ABC News (Dec. 29, 2023)  Kurt Lash, Trump Should Not Be… [read post]
30 Dec 2023, 8:33 am
"Writes lawprof Kurt Lash, author of "A Troubled Birth of Freedom: The Struggle to Amend the Constitution in the Aftermath of the Civil War," in "Trump Should Not Be Disqualified by an Ambiguous Clause" (NYT).The fundamental principle is "the people should choose whom they please to govern them. [read post]
29 Dec 2023, 9:30 pm by ernst
The latest on Section 3 and the Presidency: Kurt Lash in the NYT and Mark Graber's reply in Balkinization. [read post]
29 Dec 2023, 6:32 pm by Howard Bashman
“Trump Should Not Be Disqualified by an Ambiguous Clause”: Law professor Kurt Lash has this guest essay online at The New York Times. [read post]
29 Dec 2023, 6:29 am by Mark Graber
  But this claim is nonsense, even when appearing in the New York Times.Professor Kurt Lash has been championing this claim, but his evidence is imagined or just made up. [read post]
29 Dec 2023, 4:32 am by SHG
*In a New York Times op-ed, Kurt Lash provides a pretty good explanation of the legal arguments involved. [read post]
21 Dec 2023, 2:04 pm by Ilya Somin
" I explained why this argument (previously advanced by Kurt Lash) is fallacious here: This argument ignores the possibility than an insurrectionist former president could still potentially hold other offices, such as being a member of Congress or serving as a member of the cabinet… In addition, there was no reason to think that electors would necessarily abjure supporting former insurrectionists for the presidency. [read post]
8 Dec 2023, 7:54 am by Josh Blackman
Professor Lash makes this point in his amicus brief: No Reconstruction Republican was concerned about the country electing Jefferson Davis President of the United States, much less believed the Constitution must be amended to prevent such a possibility. [read post]