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9 Feb 2024, 9:20 am by Josh Blackman
When the express terms of a [text] give us one answer and extratextual considerations suggest another, it's no contest. [read post]
9 Feb 2024, 6:27 am by David Pocklington
The Bishop of Leicester, Martyn Snow, said: “Synod has set a clear direction for us to move forward, but there remains profound disagreement across the Church. [read post]
9 Feb 2024, 3:03 am by Will Baude
  Must votes for a dead man to be president be counted? [read post]
9 Feb 2024, 3:00 am by Jim Sedor
Under federal Voting Rights Act requirements, 331 voting areas in 30 states must provide language access to more than 24 million voters with limited English proficiency. [read post]
8 Feb 2024, 1:47 pm by Ilya Somin
Courts in different states could have reached divergent conclusions on the issue of whether a child born to US citizens while the latter resided abroad counts as "natural born" (it so happens they did not). [read post]
8 Feb 2024, 9:36 am by Eugene Volokh
"[11] When one Vermont politician asked General Scott to ensure the peaceful counting of votes, Old Fuss and Feathers reassured him: if any man attempted "to obstruct or interfere with the lawful count of the electoral vote for President," it would be "my duty to suppress insurrection—my duty! [read post]
8 Feb 2024, 5:55 am by Tom Joscelyn
Indeed, the record includes strong evidence that Trump supported the use of violence on Jan. 6 and tried to use it to his political advantage to block the certification of the election. [read post]
8 Feb 2024, 3:00 am by Will Baude
As we put it in our forthcoming article, The Force and Sweep of Section Three, it "is not for us to say who all is disqualified by virtue of Section Three's constitutional rule. [read post]
7 Feb 2024, 9:05 pm by Richard J. Pierce, Jr.
Thirty of the forty-three Senators who voted to acquit former President Trump did so on the basis of their belief that a former president cannot be impeached. [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
  Colorado isn’t even trying to prevent Colorado’s presidential electors from casting their electoral votes for Donald Trump if he wins the popular vote in Colorado in November, nor (as I’ve explained earlier) has it asserted any state law authority to exclude Trump from the Colorado general election ballot (something that Colorado law does not appear to authorize). [read post]
6 Feb 2024, 2:47 pm by Rick Hasen
AJC: The Georgia Senate voted along party lines Tuesdayto abandon the use of bar codes on ballots. [read post]
6 Feb 2024, 9:18 am by Keith E. Whittington
Nor can we sanction his apparent contention that the Executive has carte blanche to violate the rights of individual citizens to vote and to have their votes count. [read post]
6 Feb 2024, 7:35 am by Marcia Coyle
“Instead of peacefully ceding power, Trump intentionally organized and incited a violent mob to attack the United States Capitol in a desperate effort to prevent the counting of electoral votes cast against him,” they argue. [read post]
6 Feb 2024, 4:54 am by Will Baude
It is what the people involved wrote down in words, and voted to adopt, that counts – not what they might or might not have "had in mind. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
  Trump argues that the evidence before the Colorado courts was insufficient to establish that he intended his speech on January 6 to incite a violent (as opposed to a peaceful) resistance to the counting of the electoral votes by Vice-President Pence and the Joint Session of Congress, and therefore failed to satisfy the Brandenburg incitement standard. [read post]
2 Feb 2024, 6:51 am by Dean Falvy
Surely, Trump would be kicked off the ballot as ineligible, or votes for him would simply not count. [read post]
2 Feb 2024, 3:00 am by Jim Sedor
Charles Littlejohn pleaded guilty last year to one count of unauthorized disclosure of income tax returns. [read post]
31 Jan 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
The counting of votes—both votes cast in person and by mail—in almost every state routinely extends into the morning hours of the day after Election Day or much later still. [read post]