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8 Feb 2024, 1:47 pm by Ilya Somin
Anderson overwhelmingly focused on the issue of whether Section 3 of the Fourteenth Amendment is "self-executing," that is whether states can enforce it in the absence of congressional legislation. [read post]
Anderson will determine whether states are entitled to remove current Republican frontrunner Trump from election ballots over his actions on January 6, 2021, when the US Capitol was stormed by protesters. [read post]
5 Feb 2024, 10:29 am by Howard Bashman
The post “The 91-year-old Republican suing to kick Donald Trump off the ballot; Norma Anderson, a trailblazing former GOP legislator, is among the Colorado voters who have challenged the Republican front-runner’s candidacy in a case that will be heard by the Supreme Court” appeared first on How Appealing. [read post]
5 Feb 2024, 9:59 am by Scott Bomboy
The Colorado Supreme Court, however, stayed its decision until Jan. 4, 2024, pending an appeal to the U.S. [read post]
5 Feb 2024, 5:05 am by Will Baude
Anderson asserts (pp. 38-40) that Section Three can only be enforced following a criminal conviction under 18 U.S.C. [read post]
4 Feb 2024, 8:53 pm by Howard Bashman
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; Justice Scalia erred because there are no ‘Officers of the United States’ appointed outside Article II, Section II” appeared first on How Appealing. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
Supreme Court were to settle upon and announce a definition in this case—particularly one as broad and open-ended as that in Noah Webster’s 1857 American Dictionary of the English Language (which included “the open and active opposition of a number of persons to the execution of law”)—such a ruling could have unanticipated downstream ramifications for other cases that are materially different from this one, and implications for statutes that use the… [read post]
4 Feb 2024, 5:57 pm by Bruce Ackerman
Anderson” is based on a serious mistake. [read post]
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]