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The Supreme Court seems poised to reverse Colorado’s decision to exclude Donald Trump from its Republican presidential primary ballot on grounds other than that Trump did not take the right kind of oath to support the Constitution. [read post]

Balkinization - http://balkin.blogspot.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

Consumers Union of U.S., 466 U.S. 485, 514 (1984). [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

v. [read post]

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

A packed courtroom for the Trump ballot case

8 Feb 2024, 2:41 pm by Mark Walsh

Thomas in St. [read post]

SCOTUSblog - http://www.scotusblog.com/

A User’s Guide to Trump v. Anderson, Part Eight: The First Amendment/Right to Vote/Federalism-Based "Off-Ramp" Argument that is Likely to Carry the Day

8 Feb 2024, 9:44 am by Marty Lederman

Celebrezze, 460 U.S. at 786-87 n.7.) [read post]

Balkinization - http://balkin.blogspot.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

U.S. const. art. [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

Socialist Workers Party, 440 U.S. 173 (1979); Storer 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

Socialist Workers Party, 440 U.S. 173 (1979); Storer v. [read post]

Balkinization - http://balkin.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

In his merits brief in the U.S. [read post]

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

Lenity and Agency Deference in Garland v. Cargill, by Tess Saperstein

31 Jan 2024, 6:22 am by Guest Author

As Thomas Merrill has noted, “[a]dministrative rulemaking, at least in its modern guise, is subject to a much more unyielding set of procedural requirements” than legislative statute-making. [read post]

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

[Kurt Lash] Section Three and the "First Insurrection" … That Wasn't

29 Jan 2024, 8:09 am by Kurt Lash

Akhil Reed Amar (Yale) and Vikram David Amar (Illinois) in Trump v. [read post]

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

A User’s Guide to Trump v. Anderson, Part One: Why the U.S. Supreme Court Might Resolve the Case Even Though Its Decision Probably Won’t Affect the Colorado Presidential Primary Election Ballot

28 Jan 2024, 8:49 pm by Marty Lederman

Trump v. [read post]

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

Historians Brief in Trump v. Anderson

27 Jan 2024, 8:05 am by ernst

Anderson, an appeal to the U.S. [read post]