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Supreme Court Hears Trump v. Anderson: What To Expect
8 Feb 2024, 5:50 am by jonathanturley
” Indeed, they reject any difference between  an “Officer of the United States” and an “Office under the United States. [read post]
Jonathan Turley - https://jonathanturley.org/
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/
[Josh Blackman] Tillman in the Times: "A Legal Outsider, an Offbeat Theory and the Fate of the 2024 Election"
7 Feb 2024, 7:42 am by Josh Blackman
At issue is the meaning of Section 3 of the 14th Amendment, adopted after the Civil War, which bars people from holding office if they participated in an insurrection after having sworn to uphold the Constitution as an "officer of the United States. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Charles Wilkinson on the History of the Boldt Decision
7 Feb 2024, 3:58 am by Matthew L.M. Fletcher
Like Brown v. [read post]
Turtle Talk - https://turtletalk.blog/
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
  The state courts, for example, are not trying to enjoin Donald Trump from taking office. [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
  He makes a similar inference (at 61) from the silence of most people on the issue of self-execution. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Jonathan H. Adler] DOJ Files Writ of Mandamus to End Juliana Climate Litigation
6 Feb 2024, 7:12 am by Jonathan H. Adler
United States. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Bad Beat: Iowa Gambling Probe Allegedly Violated Student Athletes’ Constitutional Rights with Warrantless Geofence
5 Feb 2024, 2:13 pm by Washington Journal of Law, Technology & Arts
In the landmark case Carpenter v. [read post]
Law, Technology & Arts Blog - http://wjlta.wordpress.com/
CELEBRATING BLACK HISTORY MONTH: Thurgood Marshall
5 Feb 2024, 7:18 am by GSU Law Student
United States Courts. [read post]
The Blackacre Times - http://theblackacretimes.com/
:@WilliamBaude: The Objection: "But He Hasn't Been Convicted Of Anything"
5 Feb 2024, 5:05 am by Will Baude
§2383, which covers participation in rebellion or insurrection, and which provides that those found guilty "shall be incapable of holding any office under the United States. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Open Borders and Closed Courts: How the Supreme Court Laid the Seeds for the Immigration Crisis
5 Feb 2024, 5:00 am by jonathanturley
United States and, most recently, in U.S. v. [read post]
Jonathan Turley - https://jonathanturley.org/
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
  Reed then explicitly rejects the Lederman view, in a discussion which concludes:   The United States is a constitutional democracy. [read post]
Balkinization - http://balkin.blogspot.com/
Law and Media Round Up – 5 February 2024
4 Feb 2024, 4:40 pm by INFORRM
On the same day, judgment was handed down in Blake & Anor v Fox [2024] EWHC 146 (KB). [read post]
Inforrm's Blog - https://inforrm.wordpress.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/
WIPIP session 7: Design Law
3 Feb 2024, 4:54 pm by Rebecca Tushnet
Mazer v. [read post]
43(B)log - http://tushnet.blogspot.com/
:@WilliamBaude: The Objection that Enforcing Section Three is "Undemocratic"
3 Feb 2024, 2:04 pm by Will Baude
As the Supreme Court memorably put it in the case of West Virginia State Board of Education 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
 This claim is, of course, deeply counterintuitive, and it would be very awkward, to say the least, for the Supreme Court to explain to the American people that Section 3 doesn’t apply to someone who’s been President because although that person held an “office,” it wasn’t an office “of the United States. [read post]
Balkinization - http://balkin.blogspot.com/
Jeffrey P. Gale, P.A. // Look Past Native Indian Sovereign Immunity for Private Party Personal Injury Liability
3 Feb 2024, 8:46 am by Jeffrey P. Gale, P.A.
Constitution (Article I, Section 2, Clause 3; Article I, Section 8; The Fourteenth Amendment), treaties, and laws, authorize Native American tribes to govern themselves as sovereign nations within the United States. [read post]
Florida Injury Attorney Blawg - http://www.floridainjuryattorneyblawg.com/