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14 Sep 2023, 4:24 am by Michael C. Dorf
Respected conservative former federal appeals court judge Michael Luttig had also made that point to Mike Pence just before January 6, 2021.(4) The factual predicate for the plot that Eastman (and Chesebro) hatched was that state and federal courts had ordered or allowed departures from the letter of state election law--and that these allowances deprived state legislatures of their constitutiona [read post]
13 Sep 2023, 6:30 am by ernst
Nor does the “engage” prong extend to inaction—for example, failing to take action with regard to an insurrection or rebellion.Part V considers another threshold question: was Trump ever subject to Section 3? [read post]
13 Sep 2023, 5:38 am by Stephen E. Sachs
(It also depends on whether legislatures can rescind their ratifications, as some may have done; for more on that, see Michael Stokes Paulsen's General Theory of Article V.) [read post]
12 Sep 2023, 7:35 pm by Josh Blackman
Attorney General Michael Mukasey's op-ed "Was Trump 'an Officer of the United States'? [read post]
11 Sep 2023, 10:24 pm by Josh Blackman
Part V considers another threshold question: was Trump ever subject to Section 3? [read post]
11 Sep 2023, 9:01 pm by Michael C. Dorf
As the Supreme Court stated in the 1868 case of Texas v. [read post]
11 Sep 2023, 5:33 am by Michael Geist
  Meanwhile, the rhetoric now features an attempt to re-interpret the Supreme Court’s 2021 Access Copyright v. [read post]
10 Sep 2023, 12:08 am by David Pocklington
: on Green v The Lichfield Diocesan Board of Finance [2023] UKET 2409635/2022, which we noted here. [read post]
7 Sep 2023, 7:32 am by Will Baude
Michael Stokes Paulsen, Michael McConnell, Sam Bray, and I recently completed and posted the 2023 online supplement to our constitutional law casebook: The Constitution of the United States. [read post]