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6 Mar 2024, 6:20 am
Under their plan, Vice President Pence would declare that two conflicting sets of electoral votes had been submitted and therefore, merely because a controversy existed, neither should be counted. [read post]
6 Mar 2024, 4:28 am
” The United States yesterday revised language to a draft U.N. [read post]
6 Mar 2024, 3:49 am
Below is a partially (very partially) annotated version of the opinion.First, the Court quoted Section 3 in its entirety, so here it is (hopefully for the last time in my lifetime):No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United… [read post]
6 Mar 2024, 3:00 am
Kyrsten Sinema of Arizona Says She Won’t Seek Reelection, Avoiding 3-Way Race” by Jonathan Cooper (Associated Press) for MSN National: “Trump Pulls Closer to GOP Nomination with Super Tuesday Wins” by Hannah Knowles (Washington Post) for MSN Wisconsin: “Pro-Trump Lawyers Central to Alternate-Elector Plot Settle Wisconsin Lawsuit” by Yvonne Wingett Sanchez (Washington Post) for MSN Ethics Ohio: “Ohio AG to PUCO: HB6 subpoenas… [read post]
6 Mar 2024, 1:11 am
Given his decision to refuse a faculty to remove all of the pews, the Chancellor stated that the Petitioners may wish to re-think their proposals in respect of the heating. [read post]
5 Mar 2024, 8:59 pm
State legislatures could decide not to hold elections at all but could assign their electoral votes to the candidate of their choosing. [read post]
5 Mar 2024, 1:51 pm
[emphasis added] Certainly the Court is "aware" of the Electoral Count Reform Act (ECRA). [read post]
5 Mar 2024, 8:13 am
I find the Court’s rationale to be unconvincing in two principal respects: First, as I discuss in Points 5 and 6 below, I think some of the Court’s premises—about what Colorado was doing here, and about states’ authority to decide how to select presidential electors—are erroneous. [read post]
5 Mar 2024, 4:00 am
Maybe they think that when Congress convenes on January 6, 2025, it should be able to reject Electoral College votes for an insurrectionist candidate without first enacting legislation setting forth procedures by which a court makes a finding of ineligibility. [read post]
4 Mar 2024, 1:43 pm
Norma Anderson, a Colorado elector, and other state residents sued to have Trump removed from the Colorado primary under Section 3 of the 14th Amendment, claiming the amendment’s language barred service in federal office for someone who took part in an insurrection against the government and who had sworn an oath to protect the Constitution. [read post]
4 Mar 2024, 12:47 pm
Section 3 provides:“No person shall be a Senator or Representative in Con-gress, or elector of President and Vice President, orhold any office, civil or military, under the UnitedStates, or under any State, who, having previouslytaken an oath, as a member of Congress, or as an officerof the United States, or as a member of any State leg-islature, or as an executive or judicial officer of anyState, to support the Constitution of the United… [read post]
4 Mar 2024, 9:51 am
As the per curiam opinion recognizes,"the Elections and Electors Clauses… authorize States to conduct and regulate congressional and Presidential elections, respectively. [read post]
4 Mar 2024, 9:09 am
A group of voters in that state argued that Trump was ineligible to appear on the ballot under Section 3, which provides (as relevant here) that no one “shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State,” if that person had previously sworn, “as a member of Congress, or as an officer of the United States,”… [read post]
4 Mar 2024, 8:46 am
We think the Court is suggesting that the Electoral Count Reform Act does not meet this test. [read post]
The Recalibration of Colonel Brock: D.C. Circuit Ruling for J6 Rioter Could Impact Hundreds of Cases
3 Mar 2024, 4:01 am
” It then noted: “Considered in context, Congress’s counting and certification of electoral votes is but the last step in a lengthy electoral certification process involving state legislatures and officials as well as Congress. [read post]
1 Mar 2024, 7:43 pm
Page through that case and you will find explicit citation to the Alabama Constitution as it was amended by the electorate in 2018. [read post]
1 Mar 2024, 3:55 pm
Today’s opinion dismantles a blatant attempt to suppress the votes of Arizona’s diverse electorate. [read post]
1 Mar 2024, 2:31 pm
When they commit their conference to positions out of step with the electorate, their subsequent collapses will give Democrats more room to dictate terms on key legislation. [read post]
1 Mar 2024, 12:30 pm
That language covers interfering with judicial, quasi-judicial, and adjunct investigative proceedings—not Congress's certifying electoral-college votes. [read post]
1 Mar 2024, 4:57 am
Caucuses and Conventions In the period after the Constitution’s ratification, a convention of state delegates chose electors to represent their interests in the Electoral College. [read post]
