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[Josh Blackman] If Trump Prevails, How Will Section 3 Be Litigated On Or After January 20, 2025?
5 Mar 2024, 1:51 pm by Josh Blackman
Anderson. [read post]
The Volokh Conspiracy - http://www.volokh.com/
What's dividing the Justices (and other initial reactions to the Court's decision in Trump v. Anderson)
5 Mar 2024, 8:13 am by Marty Lederman
Anderson. [read post]
Balkinization - http://balkin.blogspot.com/
National Small Business Association v. Janet Yellen, Case 5:22-cv-01448-LCB (NDAla, slip op. 1 March 2024): Corporate Transparency Act Unconstitutional Pending Appeal
4 Mar 2024, 5:56 pm
The ABA Business Law Section Backgrounder may be accessed HERE. 1UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF ALABAMANORTHEASTERN DIVISIONNATIONAL SMALL BUSINESS )UNITED, d/b/a the NATIONAL )SMALL BUSINESS )ASSOCIATION, et al., ))Plaintiffs, ))v. ) Case No. 5:22-cv-1448-LCB)JANET YELLEN, in her official )capacity as Secretary of the )Treasury, et al., ))Defendants. )MEMORANDUM OPINIONThe late Justice Antonin Scalia once remarked that federal judges should havea rubber stamp that says… [read post]
Law at the End of the Day - https://lcbackerblog.blogspot.com/
Trump v. Anderson, 601 U. S. ____ (2024): Text of Slip Opinion
4 Mar 2024, 12:47 pm
Anderson (No. 23–719). 601 U.S. --- (2024). [read post]
Law at the End of the Day - https://lcbackerblog.blogspot.com/
Enforcing the Guardrails on Transactions Involving Interested Directors of Close Corporations
26 Feb 2024, 4:37 am by Peter Mahler
In Anderson v Blabey, the Appellate Division, Fourth Department, affirmed the lower court’s dismissal of a shareholder’s derivative action alleging breach of fiduciary duty and non-compliance with BCL 713 by effectuating a reverse stock split. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
A User’s Guide to Trump v. Anderson, Addendum II: The Justices’ Principal Concern at Oral Argument, and the Possibility of a Federalism-Based Resolution
15 Feb 2024, 3:33 pm by Marty Lederman
” In response to Justice Kagan’s concern, Jason Murray (counsel for the Anderson respondents) wisely signaled that it’s not the plaintiffs’ objective to have Colorado, or Wisconsin, or Michigan, unilaterally determine Trump’s eligibility:  They brought this case so that the Supreme Court itself could made a definitive, uniform determination for the nation. [read post]
Balkinization - http://balkin.blogspot.com/
A User’s Guide to Trump v. Anderson, Addendum I: A Few Reflections on the Oral Argument
14 Feb 2024, 3:05 pm by Marty Lederman
Anderson, to account for things that arose at oral argument last Thursday. [read post]
Balkinization - http://balkin.blogspot.com/
[Josh Blackman] Why Does The Phrase "Not Herein Otherwise Provided For" Appear In The Appointments Clause?
10 Feb 2024, 11:12 pm by Josh Blackman
That conjunction suggests that clauses [c] and [d] both modify clause [b]. [read post]
The Volokh Conspiracy - http://www.volokh.com/
SCOTUS dispatch: ‘in the room where it happened’ for the oral arguments in the Trump v. Anderson ballot disqualification case
9 Feb 2024, 12:46 pm by Marissa Zupancic | U. Pittsburgh School of Law, US
Anderson, an appeal brought by former President Donald Trump to determine if states can remove him from their election ballots under the Constitution’s 14th Amendment, Section 3, known as the “insurrection clause. [read post]
JURIST - Paper Chase - https://www.jurist.org/news/
[Josh Blackman] Oral Arguments in Trump v. Anderson Part II: Justice Jackson Gets "Office under the United States"
9 Feb 2024, 11:37 am by Josh Blackman
Anderson. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Brazil January 8 investigation accuses Bolsonaro of participating in alleged coup
9 Feb 2024, 8:12 am by Tyler Li | U. Ottawa Faculty of Law, CA
Investigative efforts have also targeted former Justice and Public Security Minister Anderson Torres and Filipe Martins, who was arrested during a raid. [read post]
JURIST - Paper Chase - https://www.jurist.org/news/
A packed courtroom for the Trump ballot case
8 Feb 2024, 2:41 pm by Mark Walsh
Anderson, about whether the Colorado Supreme Court erred in excluding former President Donald Trump from the state’s 2024 presidential primary ballot. [read post]
SCOTUSblog - http://www.scotusblog.com/
[Eugene Volokh] "Seven Questions on Section 3: A Response to Professor Kurt Lash"
8 Feb 2024, 9:36 am by Eugene Volokh
Anderson. [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
Richard D. [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
Senator); Anderson 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
Senator); Anderson v. [read post]
Balkinization - http://balkin.blogspot.com/
Protect Good Faith Security Research Globally in Proposed UN Cybercrime Treaty
7 Feb 2024, 7:57 am by Karen Gullo
This lack of clarity could ultimately weaken everyone's online safety and security. [read post]
Deeplinks Blog - https://www.eff.org/deeplinks
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
”  In support of this very broad proposition, the CRSCC cites In re Griffin, in which Chief Justice Chase, sitting by designation, wrote that the disability “create[d]” by Section 3 is “to be made operative … by the legislation of congress in its ordinary course. [read post]
Balkinization - http://balkin.blogspot.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
Anderson have pivoted to a new strategy. [read post]
The Volokh Conspiracy - http://www.volokh.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
  There’s nothing further in the brief arguing that Section 3’s disqualification doesn’t extend to the presidency. [read post]
Balkinization - http://balkin.blogspot.com/