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  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]
9 Feb 2024, 3:03 am by Will Baude
  In the course of considering certain "Special Situations" (p. 29), we consider who all might have authority to enforce Section Three with respect to the constitutional ineligibility of an individual for the office of President of the United States. [read post]
Unlike Europe’s comprehensive privacy law, General Data Protection Regulation (GDPR), the United States only has a conglomeration of laws that target specific types of data. [read post]
8 Feb 2024, 4:09 pm by INFORRM
  In defining that test, the Supreme Court in Joseph relied heavily on the decision of the House of Lords of Kemsley v Foot [1952] A.C. 345. [read post]
8 Feb 2024, 3:45 pm by Steven Calabresi
 This is dispositive proof that the Presidency is also not an "office *** under the United States" for the purposes of Section 3 of the Fourteenth Amendment.The post Offices Under the United States and the Oral Argument in Trump v. [read post]
8 Feb 2024, 9:44 am by Marty Lederman
  For the President and the Vice President of the United States are the only elected officials who represent all the voters in the Nation. [read post]
8 Feb 2024, 9:36 am by Eugene Volokh
What they did have in common was a goal: to keep President-elect Lincoln from the White House. [read post]
8 Feb 2024, 5:50 am by jonathanturley
You may also hear references to the Incompatibility Clause which provides, “no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. [read post]
7 Feb 2024, 11:00 pm by Steven Calabresi
The Incompatibility Clause of Article I, Section 6 says that "no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. [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, 10:30 am by Taylor Gulatsi
In 1938, Congress established a nine-person Oliver Wendell Holmes Devise Committee with representatives from the United States House of Representatives, the United States Senate, and the United States Supreme Court. [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, 3:36 pm by Marty Lederman
  That argument isn’t at issue in the case:  Everyone agrees that if Donald Trump was subject to Section 3 as President, and if he engaged in an insurrection on January 6, 2021, then that conduct rendered him legally ineligible to serve as President or in the other covered state and federal offices (absent action by two-thirds of both houses of Congress to eliminate that disability). [read post]