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6 Feb 2024, 3:36 pm
In this post, I’ll discuss the first of the CRSCC’s off-ramp arguments, which invokes Chief Justice Chase’s opinion in In re Griffin, 11 F. [read post]
6 Feb 2024, 7:20 am
It would be difficult, in our opinion, to frame a law more thoroughly the offspring of passion, and less in accordance with sound policy and statesmanship. [read post]
6 Feb 2024, 4:54 am
(This, we think, is evident from the text, history and structure of Section Three as detailed at length in our original article, including a footnote (59) that cited five typical statements of senators – both proponents and opponents of the substance of Section Three – who all agreed or assumed that Section Three would have immediate consequences, for better or worse.) [read post]
5 Feb 2024, 9:59 am
On this point, the district court committed reversible error,” said the majority’s per curiam opinion. [read post]
5 Feb 2024, 5:05 am
Senator Ted Cruz, Majority Leader Steve Scalise, and 177 Other Members of Congress makes the same claim in an even more emphatic, and embarrassing fashion, arguing that Section Three must not be self-executing because if it were "there would have been no reason for Congress to state expressly in §2383 that a conviction for insurrection would result in disqualification from holding certain offices. [read post]
5 Feb 2024, 4:00 am
To decide an abstract question is to give what has been deemed, since the Washington administration, an impermissible advisory opinion. [read post]
4 Feb 2024, 6:29 pm
Part II of Donald Trump’s brief argues that the factual predicate for the Colorado Supreme Court’s decision to remove Trump’s name from the primary ballot was absent because Trump did not “engage in” an insurrection against the United States on January 6, 2021.[1] [Apologies in advance about all the footnotes, but I didn't want to clutter the text with too many peripheral matters.]The Colorado Supreme Court held that Trump’s words on January 6… [read post]
4 Feb 2024, 1:01 pm
(We express no opinion here on whether the Saxbe fix comports with the Sinecure Clause.) [read post]
3 Feb 2024, 2:04 pm
Age, residency, and citizenship restrictions all apply to Senators and Representatives as well. [read post]
3 Feb 2024, 11:27 am
Perhaps most notably, the Appointments Clause makes it more difficult for the president to remove principal officers—even those whose views are out of the step with the president’s—because the president cannot know whether the Senate will consent to a preferred replacement. [read post]
3 Feb 2024, 9:52 am
Trump concedes, as he must (Br. at 24-25), that the President is an “officer” for purposes of the Constitution.[1] After all, the Constitution refers to the President’s “office” or to the “Office of the President” almost two dozen times.[2] He insists, however, that the qualifying phrase “of the United States” in Section 3 serves to exclude the President, as well as the Vice-President, Senators and House… [read post]
2 Feb 2024, 1:14 pm
The bar on service can only be overcome by a two-thirds vote of both the House of Representatives and the Senate. [read post]
2 Feb 2024, 6:51 am
Senator Lot Morrill responded, “Let me call the Senator’s attention to the words ‘or hold any office, civil or military, under the United States. [read post]
1 Feb 2024, 5:01 am
Now, Florida's Governor selects the board members, subject to Senate confirmation. [read post]
31 Jan 2024, 7:10 am
Assume, for example, that the Court were to issue an opinion declaring that Donald Trump engaged in an insurrection and that the Fourteenth Amendment disqualifies him from being President again or from holding any other state or federal office. [read post]
31 Jan 2024, 5:49 am
Senator, a state senator, and a state judge who had complained to the FBI about alleged human rights violations committed by a municipal police chief. [read post]
30 Jan 2024, 8:35 pm
Circuit issued two opinions. [read post]
30 Jan 2024, 7:38 pm
Senators Joseph A. [read post]
30 Jan 2024, 9:50 am
The Senate homeland security committee recently held a hearing about that idea. [read post]
28 Jan 2024, 9:05 pm
In its 1984 opinion in Chevron v. [read post]
