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19 Feb 2024, 8:57 am by John Mikhail
Trump prioritized this argument in his briefs to the Court, drawing primarily on the scholarship of Seth Barrett Tillman and his co-author, Josh Blackman. [read post]
19 Feb 2024, 4:00 am by Michael C. Dorf
Another--more nefarious--possibility parallels what apparently happened with the Dobbs case, which was continually re-listed so that the Court wouldn't  overturn the constitutional right to abortion in the same Term in which Justice Barrett was appointed. [read post]
15 Feb 2024, 3:33 pm by Marty Lederman
  This limitation is based upon what Justice Barrett referred to as a broader “principle of structural preemption,” reflected in the Court’s holdings in landmark decisions such as Tarble’s Case (1871) (a state judge may not issue a writ of habeas corpus for the discharge of a person held by a federal official) and M'Clung v. [read post]
14 Feb 2024, 3:05 pm by Marty Lederman
 This post and the next are follow-ups to my collection of posts on Trump v. [read post]
12 Feb 2024, 9:51 am by Scott Bomboy
” Justice Amy Coney Barrett raised a similar concern: “If we affirmed and we said [Trump] was ineligible to be president, yes, maybe some states would say well, you know, we’re going to keep him on the ballot anyway but, I mean, really it's going to have, as Justice Kagan said, the effect of Colorado deciding. [read post]
9 Feb 2024, 11:37 am by Josh Blackman
" Seth Barrett Tillman and I are the primary proponents of the former argument, and Kurt Lash is the primary proponent of the latter argument. [read post]
7 Feb 2024, 7:45 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] Michael Luttig, who served on the U.S. [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
As I explained in one of my earlier posts, several or all of the Justices might be inclined to decide the case on some ground that doesn’t require the Court to decide whether Donald Trump is eligible to be President, if such an “off-ramp” solution is legally available. [read post]
4 Feb 2024, 1:01 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] Since the outset of the Section 3 litigation, those seeking to disqualify Trump from the ballot have made two primary arguments concerning the Appointments Clause. [read post]
29 Jan 2024, 7:49 am
When someone poses for a portrait, he or she presents an 'idealized' version of him or herself, 'often as a person of culture, fashion or erudition,' the lexicographer Grant Barrett said. [read post]
18 Jan 2024, 11:11 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] Trump v. [read post]
16 Jan 2024, 5:00 am by Joelle Boxer
I’m not going to be stopped or hindered by the law one way or the other. [read post]
13 Jan 2024, 4:31 pm by INFORRM
The journalists Victoria Eugenia Dávila, Camila Zuluaga Suárez, Lina María Peña, Lariza Pizano Rojas, Andrea Dávila Claro, María Jimena Duzán, Claudia Guristatti, Máryuri Trujillo and Cecilia Orozco filed a tutela action—a constitutional claim to protect their fundamental rights—against the National Electoral Council of Colombia because they suffered misogynist and online sexist violence on the social network Twitter,… [read post]