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5 Mar 2024, 8:13 am by Marty Lederman
  Second, I agree with the concurring Justices that to the extent the analysis in Section II-A of the per curiam opinion suggests that the Fourteenth Amendment itself provides some basis for concluding that states have to treat this ground of ineligibility for holding federal office differently than they can treat other federal grounds of disqualification, that’s not right. [read post]
27 Feb 2024, 10:30 am by Eugene Volokh
Indiana, 414 U.S. 105, 109 (1973) (emphasis added); see also Brandenburg v. [read post]
27 Feb 2024, 6:05 am by Katherine Yon Ebright
But the courts’ history of treating “political questions” as “nonjusticiable” suggests that judges are unlikely to address these arguments on the merits. [read post]
27 Feb 2024, 4:05 am by Howard Friedman
 A petition for certiorari (full text) was filed last week with the U.S. [read post]
24 Feb 2024, 6:30 am by Guest Blogger
For the Balkinization symposium on Robert Post,  The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Edward A. [read post]