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4 Feb 2024, 6:29 pm
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 January 6… [read post]
4 Feb 2024, 1:01 pm
[Justice Scalia erred because there are no “Officers of the United States” appointed outside Article II, Section II.] [read post]
3 Feb 2024, 9:52 am
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]
29 Jan 2024, 7:31 am
Professors William Baude and Michael Paulsen recently announced their article, The Sweep and Force of Section Three, arguing that Section Three... [read post]
27 Jan 2024, 7:54 pm
See Baude & Paulsen at 107. [read post]
22 Jan 2024, 10:55 am
I have not been deep in the weeds of the arguments about Section 3 of the Fourteenth Amendment, unlike my constitutional law casebook coauthors: Mike Paulsen, Michael McConnell, and Will Baude. [read post]
17 Jan 2024, 1:04 pm
The post Blackman & Baude Debate Section 3 in Chicago appeared first on Reason.com. [read post]
14 Jan 2024, 5:13 am
See Baude & Leider, supra, at 35 (identifying this as “probably the most important [Second Amendment] principle”). [read post]
9 Jan 2024, 9:01 pm
[A new source in the debate over Section 3 of the Fourteenth Amendment.] [read post]
9 Jan 2024, 12:05 pm
William Baude, Is Originalism Our Law? [read post]
5 Jan 2024, 6:06 am
By contrast, Congress has twice acted to remove the disqualification for office from individuals covered by Section 3, once in 1872 and once in 1898 (Baude and Paulsen: 2024). [read post]
4 Jan 2024, 12:50 pm
[Scholars and lawyers should exercise caution before citing a new paper by James Heilpern and Michael T. [read post]
3 Jan 2024, 9:29 am
Indeed, I recommended it to Will Baude, who went to Yale Law, and he just let me know that he "loved it almost as much as Lev Grossman's The Magicians. [read post]
3 Jan 2024, 7:09 am
, The Guardian (Dec. 29, 2023) Judge Luttig: Trump eligibility case ‘tests America’s commitment to its own democracy’, MSNBC (Dec. 23, 2023) Adam Liptak, An About-Face on Whether the 14th Amendment Bars Trump From Office, New York Times (Sept. 18, 2023) Noah Feldman, Alas, Trump Is Still Eligible to Run for Office, Bloomberg (Aug. 20, 2023) Baude, William and Paulsen, Michael Stokes, The Sweep and Force of Section Three (August 9, 2023). [read post]
29 Dec 2023, 9:32 am
Will Baude, who was then a fellow at Stanford, attended. [read post]
28 Dec 2023, 10:40 am
Baude and Paulsen argue that Section 3 does not apply only “to the circumstances of the Civil War and Reconstruction, even if the meaning of its terms may be illuminated by that experience and history. [read post]
27 Dec 2023, 2:44 pm
Baude and Paulsen provide a more detailed takedown in their paper. [read post]
21 Dec 2023, 9:02 pm
Meanwhile, as Professors William Baude and Michael Stokes Paulsen have documented in a widely cited forthcoming article in the University of Pennsylvania Law Review, there are other oddities of Griffin’s Case that make it a particularly poor authority on the meaning of Section 3.Trump’s team will lodge other objections. [read post]
21 Dec 2023, 8:26 pm
Baude's and Mr. [read post]
20 Dec 2023, 1:18 pm
Will Baude (#26). [read post]