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22 Feb 2024, 2:04 pm by Josh Blackman
  This is the second part of our response to Professor John Mikhail's Balkinization post. [read post]
20 Feb 2024, 2:16 pm by Josh Blackman
A person in the service of the government who does not derive his position from one of these sources is not an officer of the United States in the sense of the Constitution…. [read post]
19 Feb 2024, 8:57 am by John Mikhail
When Adams took his own oath on June 3, then, he did so pursuant to Article VI, not Article II or any other constitutional provision. [read post]
12 Feb 2024, 9:01 pm by Michael C. Dorf
During the oral argument, Justices Neil Gorsuch and Ketanji Brown Jackson seemed enamored with the claim that Section 3 does not cover the Presidency, but other Justices focused on other issues. [read post]
11 Feb 2024, 10:17 am by Rob Robinson
 Does the emperor have no clothes? [read post]
9 Feb 2024, 11:37 am by Josh Blackman
"  As I sat there in the Court, with my mouth agape, I turned to the person next to me and said, "Who is he representing? [read post]
8 Feb 2024, 2:35 pm by Yosi Yahoudai
” The amendment’s key provision, Section 3, says in part: “No person shall … hold any office … under the United States … who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. [read post]
8 Feb 2024, 9:36 am by Eugene Volokh
Respectfully, we also write to raise serious concerns about the reliability of Professor Lash's writings on Section 3 and to make clear what the historical record does—and does not—say.[1] By answering seven questions, we will show that (1) there was a First Insurrection, (2) John B. [read post]
6 Feb 2024, 6:00 am by Damon Duncan
Personalized Attention: Each client’s case is handled with personalized attention and care. [read post]
1 Feb 2024, 7:00 am by Norman L. Eisen
(March 12, 2018) Common Cause FEC Complaint re: Trump and John Doe (January 22, 2018) Relevant Michael Cohen documents State of New York (1) notice of motion to quash Trump subpoena of Michael Cohen documents and… [read post]