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A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:35 pm by Marty Lederman
Senator); Anderson v. [read post]
Balkinization - http://balkin.blogspot.com/
A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of Appointment that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:02 pm by Marty Lederman
Senator); Anderson v. [read post]
Balkinization - http://balkin.blogspot.com/
A User’s Guide to Trump v. Anderson, Part Six: The Two “Off-Ramp” Arguments Based Upon In re Griffin’s Case that Would Allow the Supreme Court to Avoid Deciding Whether Trump is Eligible to be President
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]
Balkinization - http://balkin.blogspot.com/
:@WilliamBaude: The Use and Misuse of Section Three's "Legislative History": Part II
6 Feb 2024, 7:20 am by Will Baude
Today we take up some problems with Lash's use of constitutional legislative history, even where accurately recounted, in the course of legal analysis of the Constitution's text. [read post]
The Volokh Conspiracy - http://www.volokh.com/
:@WilliamBaude: The Objection: "But He Hasn't Been Convicted Of Anything"
5 Feb 2024, 5:05 am by Will Baude
To read such a requirement into Section Three is to make up something that is not there. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Part Five: Trump’s Argument That He Did Not Engage in an Insurrection
4 Feb 2024, 6:29 pm by Marty Lederman
” 395 U.S. at 447; see also Counterman v. [read post]
Balkinization - http://balkin.blogspot.com/
Untitled
4 Feb 2024, 5:57 pm by Bruce Ackerman
  Even though only nine years had elapsed, however, the Supreme Court took up Smith v. [read post]
Balkinization - http://balkin.blogspot.com/
[Josh Blackman] In Trump v. 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
4 Feb 2024, 1:01 pm by Josh Blackman
Fund v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
:@WilliamBaude: The Objection That Enforcing Section Three Would Be Too "Dangerous"
4 Feb 2024, 11:30 am by Will Baude
  The Supreme Court's unanimous landmark decision in Brown v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Part Four: Trump’s Argument That His Tenure as President Did Not Subject Him to Section 3 Because the President is Not an “Officer of the United States”
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]
Balkinization - http://balkin.blogspot.com/
[Jonathan H. Adler] What If Trump v. Anderson Is Treated Like an Election Law Case?
3 Feb 2024, 6:01 am by Jonathan H. Adler
(Anderson-Burdick anyone?) [read post]
The Volokh Conspiracy - http://www.volokh.com/
WIPIP session 2: ™ Doctrine, © Fair Use
2 Feb 2024, 2:56 pm by Rebecca Tushnet
Hanover Star v. [read post]
43(B)log - http://tushnet.blogspot.com/
Look Away: How the Supreme Court Could Set Aside Trump’s Disqualification for Insurrection under the Fourteenth Amendment
2 Feb 2024, 6:51 am by Dean Falvy
Supreme Court’s landmark decision in Trump v. [read post]
Verdict - http://verdict.justia.com/
:@WilliamBaude: Fighting the Meaning of Section Three
2 Feb 2024, 2:30 am by Will Baude
But the occasion of the Colorado Supreme Court's decision in Anderson v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Part Two: The Three Possible, but Less-than-Ideal, Dispositions of the Case
31 Jan 2024, 7:10 am by Marty Lederman
As I noted in my previous post, overwhelming majorities in both the U.S. [read post]
Balkinization - http://balkin.blogspot.com/
[Kurt Lash] Section Three and the "First Insurrection" … That Wasn't
29 Jan 2024, 8:09 am by Kurt Lash
Anderson, and I'm delighted to have it published here. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Part One: Why the U.S. Supreme Court Might Resolve the Case Even Though Its Decision Probably Won’t Affect the Colorado Presidential Primary Election Ballot
28 Jan 2024, 8:49 pm by Marty Lederman
Anderson tees up that question for possible resolution by the Supreme Court. [read post]
Balkinization - http://balkin.blogspot.com/
[Josh Blackman] Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution
27 Jan 2024, 7:54 pm by Josh Blackman
Anderson, the Section 3 case. [read post]
The Volokh Conspiracy - http://www.volokh.com/
The last insurrection case considered by Congress
26 Jan 2024, 6:32 am by Scott Bomboy
Anderson, a case that arrived on an expedited basis. [read post]
Constitution Daily - https://constitutioncenter.org/blog
Rebel Yell: Why a Civil War Amendment Has Donald Trump Fighting to Keep His Name on the Presidential Ballot
25 Jan 2024, 9:01 pm by Dean Falvy
Anderson, the Court has agreed to hear an appeal from the Colorado Supreme Court’s bombshell December 19, 2023 ruling in Anderson v. [read post]
Verdict - http://verdict.justia.com/