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8 Feb 2024, 3:45 pm by Steven Calabresi
"  That would mean that the Presidential Succession Act of 1947 is unconstitutional because it allows either the Speaker of the House of Representatives or the President Pro Tempore of the Senate to serve simultaneously as a Member of either House and to hold the Presidency in the absence of both a President and a Vice President, which Presidency is wrongly said to be an "Office under the United States". [read post]
8 Feb 2024, 12:14 pm by Amy Howe
Colorado Solicitor General Shannon Stevenson argues for the Colorado Secretary of State. [read post]
8 Feb 2024, 9:44 am by Marty Lederman
  And even in the one case where the Court used a different framing, involving whether the ballot exclusion was a de facto effort to impose an additional qualification for service in the House of Representatives (Term Limits v. [read post]
8 Feb 2024, 7:53 am by Alex Phipps
These represented substantial evidence that defendant “intentionally inflicted serious bodily injury to [the child,]” justifying the denial of defendant’s motion. [read post]
8 Feb 2024, 5:50 am by jonathanturley
Shannon Stevenson, who is the Colorado Solicitor General. [read post]
7 Feb 2024, 11:00 pm by Steven Calabresi
"  For most of American history, the Speaker of the House of Representatives and the President Pro Tempore of the Senate have been ahead of the Cabinet in the line of succession to the presidency. [read post]
7 Feb 2024, 2:35 pm by Marty Lederman
  In Term Limits, the Court held both (i) that a state may not impose extraconstitutional conditions for holding federal office (such as, there, that a member of the House of Representatives from Arkansas not have already served more than three terms in the House), id. [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
  Colorado isn’t even trying to prevent Colorado’s presidential electors from casting their electoral votes for Donald Trump if he wins the popular vote in Colorado in November, nor (as I’ve explained earlier) has it asserted any state law authority to exclude Trump from the Colorado general election ballot (something that Colorado law does not appear to authorize). [read post]
6 Feb 2024, 7:35 am by Marcia Coyle
But Congress may by a vote of two-thirds of each House, remove such disability. [read post]
5 Feb 2024, 9:59 am by Scott Bomboy
But Congress may by a vote of two-thirds of each House, remove such disability. [read post]
4 Feb 2024, 7:55 pm by Marty Lederman
 There, an Arkansas law prohibited the name of an otherwise-eligible candidate for the House of Representatives from appearing on the state's general election ballot if that candidate had already served three terms in the House. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
 Trump himself made this Positions Clause argument before the Colorado Supreme Court, and he even prevailed on it in the Colorado district court. [read post]
2 Feb 2024, 1:14 pm by Amy Howe
The bar on service can only be overcome by a two-thirds vote of both the House of Representatives and the Senate. [read post]
2 Feb 2024, 7:27 am by Marty Lederman
  There, an Arkansas law prohibited the name of an otherwise-eligible candidate for the House of Representatives from appearing on the state's general election ballot if that candidate had already served three terms in the House. [read post]
31 Jan 2024, 7:10 am by Marty Lederman
House of Representatives and the Senate already have determined that Donald Trump’s conduct on January 6, 2021 “warrants … disqualification to hold and enjoy any office of honor, trust, or profit under the United States. [read post]
Colorado football coach Deion Sanders even publicly asserted in an interview “Fifty [thousand]!? [read post]