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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]
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]
5 Feb 2024, 5:05 am by Will Baude
§2383, which covers participation in rebellion or insurrection, and which provides that those found guilty "shall be incapable of holding any office under the United States. [read post]
4 Feb 2024, 4:40 pm by INFORRM
 The overturning of the anonymity order is covered by the Press Gazette here. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
”   Some amici, such as Professor Kurt Lash, have filed briefs arguing that the presidency is not a “disqualified” office covered by the Positions Clause—in other words, that Section 3 permits someone to serve as President (or Vice-President) even if they are a covered person who has engaged in insurrection or rebellion against the United States (indeed, even if they’ve “given aid or… [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]
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]
1 Feb 2024, 10:01 am by Scott Hervey
On June 8, 2023, the United States Supreme Court decided on Jack Daniel’s Properties, Inc. [read post]
31 Jan 2024, 6:06 am by James A. Goldston
Some of those states may also use the ICJ opinion as political cover to ratchet up conditions on the Netanyahu government or otherwise distance themselves from Israel’s military campaign. [read post]
By: Mayel Tapia-Fregoso In the United States, copyright law protects original works of authorship that are fixed in a tangible medium. [read post]