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6 Feb 2024, 3:36 pm
Off-Ramp Argument No. 1: The Griffin’s Case Argument That Enforcement Requires Congressional Legislation “Congress, and only Congress,” writes the CRSCC (Brief at pp.13-14), “has authority to enforce Section 3,” and therefore “states cannot claim for themselves authority to seek the disqualification of presidential candidates absent congressional authorization. [read post]
6 Feb 2024, 7:20 am
" For examples, Lash suggests (at 6) that the office of President of the United States might not be included in Section Three because "no scholar has identified a single example of a ratifier describing Section Three as including the office of the President," making similar inferences-from-silence about coverage of the Presidency throughout the piece (at 21, 31, 41). [read post]
6 Feb 2024, 5:22 am
As the key source for the geographic nexus requirement, the Manual relies on an Office of Legal Counsel Opinion by Assistant Attorney General Jack Goldsmith from 2004 (hereinafter – The OLC Opinion). [read post]
6 Feb 2024, 5:00 am
., the plaintiff employee, “SL”, had been the Health, Safety and Training Manager for the defendant (“Pantene”), for more than 13 years when Patene terminated her employment for cause on December 18, 2019. [read post]
6 Feb 2024, 5:00 am
., the plaintiff employee, “SL”, had been the Health, Safety and Training Manager for the defendant (“Pantene”), for more than 13 years when Patene terminated her employment for cause on December 18, 2019. [read post]
6 Feb 2024, 4:54 am
(That is, unlike the real Section Three, it applied to all confederates and not just former office-holders, it applied to voting in federal elections instead of office-holding, and it had a sunset clause.) [read post]
5 Feb 2024, 10:33 am
FordhamFordham Law’s Voting Rights & Democracy Project will host Ambassador Norm Eisen (ret.) to debrief the oral arguments before SCOTUS on whether Section Three of the Fourteenth Amendment disqualifies Former President Trump from running for office. [read post]
4 Feb 2024, 6:29 pm
Ohio apply to the Section 3 question, and that such incitement was a form of “engaging in” the violent insurrection itself—conduct that disqualifies Trump from serving in any future covered federal or state office, including the presidency. [read post]
4 Feb 2024, 4:40 pm
Section 40 provides incentives for the press to join a Leveson-standard regulator. [read post]
4 Feb 2024, 1:01 pm
(We flagged these problems to the Court in paragraph 13 of our now-denied motion for leave to participate in oral arguments.) [read post]
3 Feb 2024, 9:52 am
For present purposes, however, the important point to understand is that Trump’s primary merits argument, to which he devotes the first 13 pages of the Argument section of his brief (pp. 20-33), concerns only the second, middle “Officials Clause,” which identifies the current and former office-holders to whom Section 3 potentially applies, rather than the government positions that an insurrectionist or rebel is ineligible to… [read post]
3 Feb 2024, 8:46 am
” Section 13, Art. [read post]
2 Feb 2024, 3:00 am
But the Office of Congressional Ethics dismissed a complaint filed against Bush last fall alleging her campaign’s employment of Merritts was a violation of federal election law. [read post]
1 Feb 2024, 6:05 am
Former Customs and Border Protection Commissioner Mark Morgan, former senior official Ken Cuccinelli, and former DHS Office of General Counsel attorney Mike Howell cited the “invasion or imminent harm” language in Article I, Section 10, Clause 3 and argued, “Texas, as a sovereign state, has the inherent authority to protect its citizens and enforce its own borders. [read post]
1 Feb 2024, 5:50 am
The plausibility section of the order mentions the claims of both parties, and then moves to discuss a variety of UN sources, which described the dire humanitarian conditions in Gaza and alluded to the “discernibly genocidal and dehumanising rhetoric coming from senior Israeli government officials” (three statements by senior Israeli officials, which arguably fall under this characterization, are mentioned in the order in this connection). [read post]
31 Jan 2024, 9:01 pm
In the present appeal, the Supreme Court is poised to resolve a circuit split concerning whether an Item 303 violation can serve as a basis for Section 10(b) liability. [read post]
31 Jan 2024, 11:31 am
Attorney’s Office for the Northern District of Illinois in a parallel action. [read post]
31 Jan 2024, 10:40 am
The main rule governing license appeals is Rule 13, and it provides as follows: The hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves, by clear and convincing evidence, all of the following: i. [read post]
31 Jan 2024, 9:44 am
[13] CAS 405-50(b) [read post]
29 Jan 2024, 8:09 am
"[22] Any framer or ratifier aware of Story's Commentaries would read Section Three's general reference to "civil [office] under the United States" as not including the office of President. [read post]
