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A User’s Guide to Trump v. Anderson, Addendum I: A Few Reflections on the Oral Argument
14 Feb 2024, 3:05 pm by Marty Lederman
  v. [read post]
Balkinization - http://balkin.blogspot.com/
[Josh Blackman] Oral Arguments in Trump v. Anderson Part II: Justice Jackson Gets "Office under the United States"
9 Feb 2024, 11:37 am by Josh Blackman
[This is the second installment in a series about the oral argument in Trump v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Oral Arguments in Trump v. Anderson Part I: Justice Gorsuch Gets "Officers of the United States"
9 Feb 2024, 9:20 am by Josh Blackman
During oral argument in Trump v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A packed courtroom for the Trump ballot case
8 Feb 2024, 2:41 pm by Mark Walsh
Term Limits v. [read post]
SCOTUSblog - http://www.scotusblog.com/
[Eugene Volokh] "Seven Questions on Section 3: A Response to Professor Kurt Lash"
8 Feb 2024, 9:36 am by Eugene Volokh
Lash's response to the Amar brothers' amicus brief in Trump v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:35 pm by Marty Lederman
Term Limits v. [read post]
Balkinization - http://balkin.blogspot.com/
A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of Appointment that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:02 pm by Marty Lederman
Term Limits v. [read post]
Balkinization - http://balkin.blogspot.com/
A User’s Guide to Trump v. Anderson, Part Six: The Two “Off-Ramp” Arguments Based Upon In re Griffin’s Case that Would Allow the Supreme Court to Avoid Deciding Whether Trump is Eligible to be President
6 Feb 2024, 3:36 pm by Marty Lederman
  If you’re interested, good places to start are Part II-C of the Baude/Paulsen article, and Part I-E of Kim Roosevelt’s amicus brief. [read post]
Balkinization - http://balkin.blogspot.com/
:@WilliamBaude: The Objection: "But He Hasn't Been Convicted Of Anything"
5 Feb 2024, 5:05 am by Will Baude
"  Trump's brief on the merits in the Supreme Court in Trump v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Part Five: Trump’s Argument That He Did Not Engage in an Insurrection
4 Feb 2024, 6:29 pm by Marty Lederman
” 395 U.S. at 447; see also Counterman v. [read post]
Balkinization - http://balkin.blogspot.com/
[Josh Blackman] In Trump v. Anderson, the Respondents' Theory Would Render Unconstitutional Every Speaker and President Pro Tempore Since 1789, as Well as President Grant's VP and Presidential Candidate George McGovern
4 Feb 2024, 1:01 pm by Josh Blackman
Fund v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Part Four: Trump’s Argument That His Tenure as President Did Not Subject Him to Section 3 Because the President is Not an “Officer of the United States”
3 Feb 2024, 9:52 am by Marty Lederman
 This claim is, of course, deeply counterintuitive, and it would be very awkward, to say the least, for the Supreme Court to explain to the American people that Section 3 doesn’t apply to someone who’s been President because although that person held an “office,” it wasn’t an office “of the United States. [read post]
Balkinization - http://balkin.blogspot.com/
[Josh Blackman] Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution
27 Jan 2024, 7:54 pm by Josh Blackman
See Baude & Paulsen at 107. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Louisville Daily Journal (April 1868): The President is not an "Officer of the United States"
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]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] A New, Rushed, Flawed Article In The Section 3 Debate
4 Jan 2024, 12:50 pm by Josh Blackman
We cite the corpus linguistics amicus brief written by James Heilpern in Lucia v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Clearinghouse: 14th Amendment Section 3 Litigation
3 Jan 2024, 7:09 am by Norman L. Eisen
Supreme Court, Colorado Republican State Central Committee v. [read post]
Just Security - https://www.justsecurity.org/
[Josh Blackman] Jefferson Davis: President of the United States?
8 Dec 2023, 7:54 am by Josh Blackman
On December 6, the Colorado Supreme Court heard oral argument in Griswold v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
The Problem with Beating Trump at the Polls
25 Oct 2023, 4:30 am by Michael C. Dorf
I note how the recorded votes in Missouri v. [read post]
Dorf on Law - http://www.dorfonlaw.org/
How Those Seeking Donald Trump’s Disqualification From Running For President Will Plunge the Election Into Chaos and Hand Trump the Presidency
19 Oct 2023, 9:01 pm by Jon May
Do you believe that 74 million people will accept that? [read post]
Verdict - http://verdict.justia.com/
[Stephen E. Sachs] New Light on the ERA?
13 Sep 2023, 5:38 am by Stephen E. Sachs
(It also depends on whether legislatures can rescind their ratifications, as some may have done; for more on that, see Michael Stokes Paulsen's General Theory of Article V.) [read post]
The Volokh Conspiracy - http://www.volokh.com/