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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]
19 Dec 2023, 10:35 am by Eric Goldman
” In June 2023, the Fifth Circuit affirmed the dismissal in a 3-page per curiam opinion. [read post]
15 Oct 2023, 6:30 am by Guest Blogger
To be sure, there is a hint at a solution on the chapter’s penultimate page — a mild preference for consideration of constitutional demands by “the traditional array of private law tribunals” (CE, at 190) — but it’s tentative and general enough to stand as an invitation for further reflection, rather than a conclusive claim that “this is the Rawlsian way. [read post]
23 Sep 2023, 3:12 am
Today’s conservative revolution is very wrong, but it is not worse than [the Lochner Court and the Plessy v. [read post]