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A Reality Check on "Officers of the United States" at the Founding

19 Feb 2024, 8:57 am by John Mikhail

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

This was the point of Justice Thomas’ very first question to Jason Murray, and it was a recurring theme throughout the argument. [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/

US House of Representatives holds hearing on judicial security as Marshals report increase in threats against judges

14 Feb 2024, 9:40 am by Rebekah Yeager-Malkin | U. Pittsburgh School of Law, US

In 2022, after US Magistrate Judge Bruce Reinhart unsealed the search warrant and other documents in the Florida case against former president Donald Trump over his handling of classified documents at his home Mar-a-Lago, Reinhart faced a barrage of violent and anti-semitic threats. [read post]

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

SCOTUS dispatch: outside the Supreme Court after the Trump v. Anderson oral arguments

12 Feb 2024, 8:24 pm by Marissa Zupancic | U. Pittsburgh School of Law, US

Finally, she told me that while Trump v. [read post]

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

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

Kirtz and Murray v. [read post]

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

The “Unassailable” Theory Faces a Potential Unanimous Rejection

9 Feb 2024, 10:01 am by jonathanturley

For some of us, the argument brought back vivid memories of covering Bush v. [read post]

Jonathan Turley - https://jonathanturley.org/

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

, Anderson v. [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

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

at 827, and (ii) that a state may not use exclusion from its ballot for the “avowed purpose,” id, at 831, or the “sole purpose,” id. [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

at 827, and (ii) that a state may not use exclusion from its ballot for the “avowed purpose,” id, at 831, or the “sole purpose,” id. [read post]

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

Law and Media Round Up – 5 February 2024

4 Feb 2024, 4:40 pm by INFORRM

Donald Trump filed the claim against Orbis Business Intelligence, a British firm co-founded by Christopher Steele, a former MI6 intelligence officer. [read post]

Inforrm's Blog - https://inforrm.wordpress.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 one of my previous posts, I explained why it's unlikely that a majority of the Justices will hold that the Fourteenth Amendment bars Donald Trump from holding federal office. [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/

How a Commitment Rule Would Improve the Choice of Cross-Border Insolvency Forum

28 Jan 2024, 9:05 pm by renholding

Casey, the Donald M. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

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]