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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]
During the COVID-19 pandemic, SAMHSA issued exemptions to allow state regulatory authorities to request more flexible take-home restrictions. [read post]
5 Feb 2024, 9:08 am by Robin E. Kobayashi
Code § 5412, was not presented at trial can be found in the Noteworthy Panel Decision (NPD) of Raymond Craig Penrose v. [read post]
4 Feb 2024, 3:17 pm by Peter Mahler
The Lazar Case Lazar v Mor, decided last month by Manhattan Commercial Division Justice Andrea Masley, involved facts somewhat similar to those in Meregalli. [read post]
3 Feb 2024, 1:37 pm by Rebecca Tushnet
A: takings: Sony rootkit is installed, and you’re not allowed to remove it because of the power of the state; similar to Loretto v. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
 Section 3 of the Fourteenth Amendment provides:No person [1] 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, [2] who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to… [read post]
2 Feb 2024, 2:30 am by Will Baude
Trump is indeed disqualified by Section Three from future office as a matter of federal constitutional law; and that this renders him ineligible for inclusion on the state primary ballot for election to that office as a matter of Colorado state law. [read post]