Search for: "MATTER OF RULES ON DISQUALIFICATION"
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4 Feb 2024, 7:55 pm
Anderson, and many of the amici, (mis)characterize Colorado as having acted to "enforce" Section 3 of the Fourteenth Amendment, that is not, in fact, what Colorado is doing (or would be doing, anyway, if it removed Donald Trump's name from the primary election ballot, which it hasn't done and likely won't ever do).In the course of that post, I wrote that a state lacks any power to actually enforce Section 3, or any other federal qualification for office, for that… [read post]
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… [read post]
4 Feb 2024, 1:01 pm
" Regardless of how the Court rules on Petitioner's case, the argument that Respondent advances about the Speaker and Senate President Pro Tempore must be rejected. [read post]
3 Feb 2024, 2:04 pm
The Constitution's rules governing the elections and the electoral process are likewise supreme law. [read post]
3 Feb 2024, 9:52 am
There’s nothing further in the brief arguing that Section 3’s disqualification doesn’t extend to the presidency. [read post]
2 Feb 2024, 6:51 am
” The Court could rule that the presidency is not specifically listed in Sec. 3 of the 14th Amendment as an “office” to which the ineligibility applies, and that the President does not fall under the general category of a “civil officer of the United States” for the purpose of the Amendment.It is true that there is some inconsistency about the use of the word “Officer” in the Constitution, and in some contexts it does not apply to the President. [read post]
2 Feb 2024, 2:30 am
Nothing in the ensuing commentary, discussion, and litigation has caused us to revise our core propositions: that, as a matter of the original public meaning of the text, the structure, and the history of the Constitution – our methodology for interpreting and applying the Constitution – Section Three of the Fourteenth Amendment remains legally operative and in force; that it directly enacts a specific and discernable set of constitutional rules of… [read post]
1 Feb 2024, 12:01 pm
Law matters, which is all one can ask of a court. [read post]
31 Jan 2024, 7:10 am
Unfortunately, 43 Republican Senators were unwilling to vote for such disqualification, and therefore the 57-vote majority was ten short of what was needed to impose such disqualification in the context of an impeachment proceeding. [read post]
30 Jan 2024, 2:23 pm
But adverse rulings or occasional snarky comments are almost never a basis to have a judge removed and appellate courts are loathe to get involved in these matters. [read post]
30 Jan 2024, 6:55 am
” “Regardless of the motion for disqualification’s outcome, the conflict of interest issue is a broad concern. [read post]
27 Jan 2024, 7:54 pm
Central to their argument was what they called a "global" rule. [read post]
25 Jan 2024, 6:16 am
However, she ruled that given the factual record, disqualification wasn’t currently warranted. [read post]
25 Jan 2024, 5:49 am
Courts in ultra liberal states like Massachusetts and Michigan have ruled against disqualification. [read post]
23 Jan 2024, 6:13 am
Thus, Shrensky’s concerns do not justify disqualification. [read post]
20 Jan 2024, 9:24 pm
Questions about gifts and related matters go to Willis’s and Wade’s obligations to the Fulton County District Attorney’s office, and have no connection to assuring the defendants a fair trial. [read post]
Trump co-defendent seeks disqualification of Georgia prosecutor from 2020 election interference case
19 Jan 2024, 3:39 pm
McAfee will hold a hearing on the matter in an Atlanta courtroom on February 15 at 9:30 AM local time. [read post]
19 Jan 2024, 8:53 am
Anderson; for more on the amici, see the end of the post: Amici often do not see eye to eye on matters of law or policy. [read post]
19 Jan 2024, 8:47 am
But that cannot be called justice, because it boiled down to saying “the white person always wins, and the black person always loses, no matter the facts. [read post]
18 Jan 2024, 11:11 pm
Rules of construction suggest Section Three excludes the apex office of the President. [read post]
