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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
Term Limits 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
Term Limits v. [read post]
Balkinization - http://balkin.blogspot.com/
[Jonathan H. Adler] DOJ Files Writ of Mandamus to End Juliana Climate Litigation
6 Feb 2024, 7:12 am by Jonathan H. Adler
Juliana v. [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/
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
  The first clause—what John Vlahoplus helpfully refers to as the “Positions Clause”—identifies the government offices and other employments that a covered rebel or insurrectionist is prohibited from “hold[ing]. [read post]
Balkinization - http://balkin.blogspot.com/
[Eugene Volokh] Florida Limits on Ownership of Real Property by Chinese Citizens Are Preempted by Federal Law
2 Feb 2024, 3:24 pm by Eugene Volokh
From Shen v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
President Biden is Telling the Truth About Taxes, so Why Is a Fact-Checker Calling him a Liar?
2 Feb 2024, 12:50 pm by Neil H. Buchanan
  This is also the underlying constitutional question in the Supreme Court's Moore v. [read post]
Dorf on Law - http://www.dorfonlaw.org/
[Eugene Volokh] Antifa-vs.-Patriot-Prayer-Related Tort Lawsuit Partly Thrown Out but Partly Allowed to Go Forward
31 Jan 2024, 2:30 pm by Eugene Volokh
But, as explained in Counterman v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Immigration Is Not an “Invasion” under the Constitution
29 Jan 2024, 10:46 am by Frank O. Bowman, III
It also prohibits states from maintaining regular armies and navies in time of peace, and absolutely bars them from “engag[ing] in War, unless actually invaded, or in such imminent danger as will not admit of delay. [read post]
Just Security - https://www.justsecurity.org/
[Kurt Lash] Section Three and the "First Insurrection" … That Wasn't
29 Jan 2024, 8:09 am by Kurt Lash
Akhil Reed Amar (Yale) and Vikram David Amar (Illinois) in Trump v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A Response to Brendan Carr and Nathan Simington on Texas HB20, by Thomas Berry
26 Jan 2024, 12:37 pm by Guest Author
To do so they attempt to distinguish Miami Herald v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
[Eugene Volokh] Amicus Brief Related to the Mackey "Vote-by-Text" Meme Prosecution
16 Jan 2024, 5:01 am by Eugene Volokh
Virginia v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
The E. Jean Carroll I Case: Explaining Trump’s Second Civil Defamation Trial
15 Jan 2024, 2:19 pm by Norman L. Eisen
On Friday, in anticipation of Trump’s “seek[ing] to sow chaos” in the trial, Carroll’s team asked Judge Kaplan for “prophylactic measures. [read post]
Just Security - https://www.justsecurity.org/
[Eugene Volokh] Employers' Talking "About Race—Any Race—With a Constant Drumbeat of Essentialist, Deterministic, and Negative Language" Risks Racial Harassment Liability
13 Jan 2024, 5:01 am by Eugene Volokh
Young v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[David Bernstein] Antisemitism Lawsuit Filed against Harvard University, Includes Allegations re Harvard Law School
11 Jan 2024, 12:27 pm by David Bernstein
Here is the entire complaint: Kestenbaum v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Case Summaries: N.C. Supreme Court (Dec. 15, 2023)
3 Jan 2024, 7:15 am by Alex Phipps
State v. [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
[Eugene Volokh] "[Mother] Shall Not Post on Social Media About [Her Parental Rights Termination] Case"
2 Jan 2024, 5:01 am by Eugene Volokh
From Budlove v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Eugene Volokh] Court Rejects Fan's Libel Claims Against L.A. Clippers Player Russell Westbrook and the Utah Jazz
29 Dec 2023, 2:52 pm by Eugene Volokh
From Keisel v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
D. C. Circuit Review: Reviewed – “ ‘Twas the [week] before Christmas . . . .”
27 Dec 2023, 4:17 pm by Thomas B. Griffith
In United States v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
[Eugene Volokh] First Amendment Likely Protects "Death Doulas"
26 Dec 2023, 12:33 pm by Eugene Volokh
From Richwine v. [read post]
The Volokh Conspiracy - http://www.volokh.com/