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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/
[Josh Blackman] Blackman & Baude & Paulsen at San Diego Originalism Works-in-Progress Conference
10 Feb 2024, 10:01 pm by Josh Blackman
Anderson. [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
Every inch of the room is ornate, from the curtain holders that have carved scales of justice on them, to the ceiling that has intricate 3-D flower designs. [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/
The “Unassailable” Theory Faces a Potential Unanimous Rejection
9 Feb 2024, 10:01 am by jonathanturley
Jamie Raskin (D. [read post]
Jonathan Turley - https://jonathanturley.org/
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
Jamie Raskin, D-Md., a member of the select committee that investigated the events of Jan. 6, 2021, and whose report was admitted into evidence by the Colorado trial court. [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
Statement to be submitted by the Electronic Frontier Foundation, accredited under operative paragraph No. 9 of UN General Assembly Resolution 75/282, on behalf of 124 signatories. [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
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/
Weekend Roundup
2 Feb 2024, 9:30 pm by ernst
Anderson Edition. [read post]
Legal History Blog - http://legalhistoryblog.blogspot.com/
WIPIP session 2: ™ Doctrine, © Fair Use
2 Feb 2024, 2:56 pm by Rebecca Tushnet
Barbara Lauriat, Borrowing Goodwill Comparative/historical approach to doctrine/theory. [read post]
43(B)log - http://tushnet.blogspot.com/
A User’s Guide to Trump v. Anderson, Interim Post: Two Important Things All the Parties Get Wrong, and One Other Important Thing They Don’t Address
2 Feb 2024, 7:27 am by Marty Lederman
  The Anderson Plaintiffs, for example, represent (Br. at 12) that the Colorado Supreme Court held that “states have constitutional power to enforce Section 3 through ballot access laws” and (p. 52) that the Colorado Election Code “allows voters to sue for enforcement of federal constitutional qualifications at the ballot-access stage. [read post]
Balkinization - http://balkin.blogspot.com/
Look Away: How the Supreme Court Could Set Aside Trump’s Disqualification for Insurrection under the Fourteenth Amendment
2 Feb 2024, 6:51 am by Dean Falvy
Anderson (2024): “In our democracy, we must trust the people, not unelected judges, to choose our leaders. [read post]
Verdict - http://verdict.justia.com/