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See Term Limits, 514 U.S. at 925 (Thomas, J., dissenting) (“I do not mean to suggest that States have unbridled power to handicap particular classes of candidates, even when those candidates enjoy federally conferred advantages that may threaten to skew the electoral process. [read post]

Balkinization - http://balkin.blogspot.com/

[Eugene Volokh] "Seven Questions on Section 3: A Response to Professor Kurt Lash"

8 Feb 2024, 9:36 am by Eugene Volokh

Thomas any better? [read post]

The Volokh Conspiracy - http://www.volokh.com/

[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

And tomorrow, Thursday, the Supreme Court will hear oral argument in Trump v. [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/

US appeals court overrules decision blocking California ammunition background check law

7 Feb 2024, 1:42 pm by Sean Nolan | Southwestern Law School, US

” Rhode v. [read post]

JURIST - Paper Chase - https://www.jurist.org/news/

A Response to Brendan Carr and Nathan Simington on the Market Power of Social Media Platforms, by Sarah Oh Lam

7 Feb 2024, 10:05 am by Guest Author

[3] Thomas G. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

[Eugene Volokh] Court Upholds Disbarment of Lawyer for In-Court Misconduct, Including Lawyers' Allegations of Anti-Female, Anti-Disabled, and Pro-Jewish Bias

6 Feb 2024, 2:54 pm by Eugene Volokh

Thomas G. [read post]

The Volokh Conspiracy - http://www.volokh.com/

:@WilliamBaude: The Use and Misuse of Section Three's "Legislative History": Part II

6 Feb 2024, 7:20 am by Will Baude

Sometimes nobody says anything because there is nothing to say and a point is regarded as obvious – it literally goes without saying; other times they may have limited time, or other concerns, or simply be thinking about something else. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Law and Media Round Up – 5 February 2024

4 Feb 2024, 4:40 pm by INFORRM

A Freedom of Information Act disclosure by the ICO suggests that, over the last five years, 127 million data subjects may have been affected by personal data breaches “involving economic or financial data”, which were subsequently notified by data controllers to the ICO. [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/