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7 Feb 2024, 7:57 am by Karen Gullo
Statement to be submitted by the Electronic Frontier Foundation, accredited under operative paragraph No. 9 of UN General Assembly Resolution 75/282, on behalf of 124 signatories. [read post]
7 Feb 2024, 5:19 am by Will Baude
Anderson litigation, both the Colorado District and the Colorado Supreme Court found Section Three to be justiciable and Trump has not pressed a political question argument in his Supreme Court merits briefs. [read post]
6 Feb 2024, 5:42 pm by Yosi Yahoudai
  DiCaprio wasn’t spotted in the area, but people who appear to be involved with the movie were seen on multiple downtown blocks. [read post]
6 Feb 2024, 7:35 am by Marcia Coyle
Anderson, is chock full of issues surrounding the applicability of Section 3 of the 14th Amendment to the former president. [read post]
6 Feb 2024, 7:20 am by Will Baude
An exception might exist where a proposed reading of the text is so odd or extreme that, if that were actually the correct reading of the text, someone almost certainly would have mentioned it (a "dog-that-didn't-bark" inference). [read post]
5 Feb 2024, 5:05 am by Will Baude
Anderson asserts (pp. 38-40) that Section Three can only be enforced following a criminal conviction under 18 U.S.C. [read post]
4 Feb 2024, 7:55 pm by Marty Lederman
Anderson, and many of the amici, (mis)characterize Colorado as having acted to "enforce" Section 3 of the Fourteenth Amendment, that is not, in fact, what Colorado is doing (or would be doing, anyway, if it removed Donald Trump's name from the primary election ballot, which it hasn't done and likely won't ever do).In the course of that post, I wrote that a state lacks any power to actually enforce Section 3, or any other federal qualification for… [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
 Now let’s turn to Trump’s argument about why he didn’t “engage in” the violent insurrection at the Capitol on January 6, 2021. [read post]
4 Feb 2024, 11:30 am by Will Baude
Or as Professor Daniel Epps put it in jest: "The Supreme Court shouldn't rule that Trump is ineligible for the presidency for engaging in insurrection, because if they do Trump will definitely stage an insurrection. [read post]
2 Feb 2024, 7:27 am by Marty Lederman
  Colorado isn't purporting to "enforce" Section 3, and states don't have any power to enforce its disqualification directive with respect to federal officers. [read post]
2 Feb 2024, 5:27 am by Derek Muller
Anderson: the election law case that wasn’t (but might be) appeared first on Election Law Blog. [read post]