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5 Feb 2024, 5:05 am by Will Baude
It is wrong as a matter of the text, history, and structure of Section Three. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
Part II of Donald Trump’s brief argues that the factual predicate for the Colorado Supreme Court’s decision to remove Trump’s name from the primary ballot was absent because Trump did not “engage in” an insurrection against the United States on January 6, 2021.[1]  [Apologies in advance about all the footnotes, but I didn't want to clutter the text with too many peripheral matters.]The Colorado Supreme Court held that Trump’s words on… [read post]
4 Feb 2024, 1:01 pm by Josh Blackman
As a threshold matter, this provision expressly contrasts between Senators and Representatives, who are elected, and "any civil Office[s] under the Authority of the United States," which are appointed. [read post]
2 Feb 2024, 2:30 am by Will Baude
As readers surely know, the Colorado Supreme Court held that Mr. [read post]
1 Feb 2024, 4:03 am by SHG
But Judge Winsor found that the law giving Mr. [read post]
31 Jan 2024, 7:10 am by Marty Lederman
  If he did, all or almost all electors “pledged” to him would probably cast their votes for him in December, no matter what the Court has said about his eligibility. [read post]
30 Jan 2024, 1:08 pm by INFORRM
Mrs Justice Collins Rice gave this short shrift: the defence was “hopeless”. [104] In order to attract qualified privilege, the reply to attack must be proportionate and relevant to the original subject matter. [read post]