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[Josh Blackman] A Reply to Peter Keisler and Richard Bernstein, and Michael Luttig, on Section 3
7 Feb 2024, 7:45 pm by Josh Blackman
House of Representatives of the United States. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:35 pm by Marty Lederman
Term Limits v. [read post]
Balkinization - http://balkin.blogspot.com/
A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of Appointment that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:02 pm by Marty Lederman
Term Limits v. [read post]
Balkinization - http://balkin.blogspot.com/
Beyond the Bench: Insights into the Oliver Wendell Holmes Devise
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]
In Custodia Legis - http://blogs.loc.gov/law
:@WilliamBaude: Section Three Is Not A "Political Question"
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]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Part Six: The Two “Off-Ramp” Arguments Based Upon In re Griffin’s Case that Would Allow the Supreme Court to Avoid Deciding Whether Trump is Eligible to be President
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]
Balkinization - http://balkin.blogspot.com/
Tune into one of the most important arguments in decades: Trump v. Anderson
6 Feb 2024, 7:35 am by Marcia Coyle
Link: Listen to Live Arguments at the Court The case, Trump v. [read post]
Constitution Daily - https://constitutioncenter.org/blog
Appellate Court Holds Oakland Could Collect Impact Fees Notwithstanding A Prior Agreement With A Developer Detailing What Fees Would Apply To The Development Project
6 Feb 2024, 2:00 am by Abbott & Kindermann, Inc., William W. Abbott and Garrett Bergthold
Between 2004 and 2005, the city approved a vesting tentative map and final tract maps for a 400-unit housing project. [read post]
Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.com/
Explaining Donald Trump’s 14th Amendment case at the Supreme Court
5 Feb 2024, 9:59 am by Scott Bomboy
Trump v. [read post]
Constitution Daily - https://constitutioncenter.org/blog
Open Borders and Closed Courts: How the Supreme Court Laid the Seeds for the Immigration Crisis
5 Feb 2024, 5:00 am by jonathanturley
United States and, most recently, in U.S. v. [read post]
Jonathan Turley - https://jonathanturley.org/
A User’s Guide to Trump v. Anderson, Part Five: Trump’s Argument That He Did Not Engage in an Insurrection
4 Feb 2024, 6:29 pm by Marty Lederman
” 395 U.S. at 447; see also Counterman v. [read post]
Balkinization - http://balkin.blogspot.com/
Law and Media Round Up – 5 February 2024
4 Feb 2024, 4:40 pm by INFORRM
The House of Lords Communications and Digital Committee’s report on Large Language Models has concluded it is not “fair for tech firms to use rightsholder data for commercial purposes without permission or compensation, and to gain vast financial rewards in the process”. [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
[Josh Blackman] In Trump v. Anderson, the Respondents' Theory Would Render Unconstitutional Every Speaker and President Pro Tempore Since 1789, as Well as President Grant's VP and Presidential Candidate George McGovern
4 Feb 2024, 1:01 pm by Josh Blackman
Fund v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Recent Hague Convention District Court Cases - Harvey v Means, 2024 WL 324980 (W.D. Washington, 2024) [Scotland][Petition granted][Coercion not established][Grave risk of harm not established] .
4 Feb 2024, 9:46 am by Joel R. Brandes
Harvey was a citizen of Scotland and Means was a United States citizen, born and raised in Washington state. [read post]
A Child is Missing - http://joelbrandes.blogspot.com/
A User’s Guide to Trump v. Anderson, Part Four: Trump’s Argument That His Tenure as President Did Not Subject Him to Section 3 Because the President is Not an “Officer of the United States”
3 Feb 2024, 9:52 am by Marty Lederman
  But Congress may by a vote of two-thirds of each House, remove such disability. [read post]
Balkinization - http://balkin.blogspot.com/
Weekend Roundup
2 Feb 2024, 9:30 pm by ernst
  Scalia, J., thought Presidents were "officers of the United States" (Lawfare). [read post]
Legal History Blog - http://legalhistoryblog.blogspot.com/
Supreme Court to decide whether insurrection provision keeps Trump off ballot
2 Feb 2024, 1:14 pm by Amy Howe
Specifically, it concluded, the presidency is not an “office … under the United States,” and the president is not an “officer of the United States. [read post]
SCOTUSblog - http://www.scotusblog.com/
Look Away: How the Supreme Court Could Set Aside Trump’s Disqualification for Insurrection under the Fourteenth Amendment
2 Feb 2024, 6:51 am by Dean Falvy
I, Sec. 6) states that “no Person holding any Office under the United States, shall be a Member of either House [of Congress] during his Continuance in Office. [read post]
Verdict - http://verdict.justia.com/
:@WilliamBaude: Fighting the Meaning of Section Three
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]
The Volokh Conspiracy - http://www.volokh.com/
Kirkland Discusses Labor Department’s Proposed Rule on Definition of “Investment Advice” Fiduciary
1 Feb 2024, 9:01 pm by renholding
United States Department of Labor, 885 F.3d 360 (5th Cir. 2018) This post comes to us from Kirkland & Ellis LLP. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/