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13 Feb 2024, 11:53 am by Phil Dixon
Cases of potential interest to state practitioners are summarized monthly. [read post]
  On Thursday, Februrary 8, I sat in the courtroom of the Supreme Court of the United States on assignment for JURIST to hear oral arguments in Trump v. [read post]
7 Feb 2024, 7:47 pm by Josh Blackman
Tomorrow, on February 8, 2024, the Supreme Court of the United States will hear oral argument in Trump v. [read post]
7 Feb 2024, 5:19 am by Will Baude
United States) or whether an issue lacks "judicially discoverable and manageable standards" to apply as law (such as political gerrymandering claims, as in Rucho v. [read post]
6 Feb 2024, 7:20 am by Will Baude
For example, Lash, in discussing the question of ratifiers' views on "whether Section Three applied to future insurrections," states (at 45) that "[v]ery few ratifiers specifically addressed" the question, but those who did "came to different conclusions" on this point. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  The short version is that it’s a stone-cold loser, not least because it would have absurd ramifications (such as that it would mean Jefferson Davis would’ve been disqualified from serving in virtually any federal or state office except the presidency and vice-presidency, and that the Foreign Emoluments Clause wouldn’t prohibit the President, Vice-President, and members of Congress from accepting titles, offices, gifts or emoluments from… [read post]
2 Feb 2024, 2:30 am by Will Baude
"  Another may examine the suggestion that even if Trump is constitutionally disqualified from being President of the United States, that does not mean he is constitutionally ineligible to be elected as President of the United States. [read post]