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12 Feb 2024, 6:41 am by David Oscar Markus
  From Slate:If there was any surprise on Thursday, it was Justice Ketanji Brown Jackson’s embrace of Mitchell’s main theory that the president is not an “officer” of the United States, so Section 3 does not apply to him at all. [read post]
12 Feb 2024, 6:16 am
Shriver was defeated by former state senator Sheila Kuehl.Kamala Harris famously went on to become Vice President of the United States, but you may need a prompt to remember Sheila Kuehl. [read post]
12 Feb 2024, 6:07 am by Kevin LaCroix
  It is like blaming the State of Texas for the migrant crisis when the federal government refuses to the close the border or Congress fails to solve the problem. [read post]
12 Feb 2024, 6:00 am by Daniel J. Gilman
In 2002, Senators Bayh and Dole – the original authors – made clear that this omission was purposeful. [read post]
12 Feb 2024, 4:00 am by Eric Segall
She seemed to actually care about the text of Section 3, which says the following:No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or… [read post]
10 Feb 2024, 11:12 pm by Josh Blackman
A later proposal put forward this text: "The Senate of the United States shall have power to make treaties, and to appoint Ambassadors, and Judges of the supreme Court. [read post]
10 Feb 2024, 11:11 am by Andrew Weissmann
The Hur report states: “In addition to this shortage of evidence, there are other innocent explanations for the documents that we cannot refute. [read post]
9 Feb 2024, 2:59 pm by Geoff Schweller
“In 2023 we celebrated 10 years of National Whistleblower Day (NWD) resolutions by the United States Senate, and this gave us an opportunity to reflect on the incredible work that NWC has achieved to change the culture around whistleblowing,” wrote Nelson. [read post]
9 Feb 2024, 11:37 am by Josh Blackman
That is, the President is not an "Officer of the United States" and not an "Office under the United States. [read post]
9 Feb 2024, 9:20 am by Josh Blackman
" So they can be "Officers," but not "Officers of the United States" or "Under the United States. [read post]
9 Feb 2024, 7:15 am by Unknown
Short pieces:200 Immigration-Related Bills Have Already Been Introduced in State Legislatures in 2024 (Immigration Impact Blog, Jan. 2024) [text]Immigration is Not an “Invasion” under the Constitution (Just Security Blog, Jan. 2024) [text]Reports & journal articles:"After a Decade of Decline, the US Undocumented Population Increased by 650,000 in 2022," Journal on Migration and Human Security, OnlineFirst, 28 Jan. 2024 [full-text]An Analysis of the… [read post]
9 Feb 2024, 6:00 am by Sarah Friedman
Louboutin argued that YSL’s shoe infringed on its Red Sole Mark, but the United States Court of Appeals for the Second Circuit concluded that the mark only applied to contrasting red soles. [read post]
9 Feb 2024, 5:16 am by Beatrice Yahia
Secretary of State Antony Blinken left the Middle East yesterday with public divisions between the United States and Israel at perhaps their worst level since the start of the war in Gaza. [read post]
9 Feb 2024, 3:03 am by Will Baude
  In the course of considering certain "Special Situations" (p. 29), we consider who all might have authority to enforce Section Three with respect to the constitutional ineligibility of an individual for the office of President of the United States. [read post]
8 Feb 2024, 3:45 pm by Steven Calabresi
If the presidency is an "office *** under the United States" that covers Donald Trump under Section 3, of the Fourteenth Amendment, then it has to also be an "Office under the United States" for the purposes of the Incompatibility Clause, which bars Members of Congress from holding any "Office under the United States. [read post]
8 Feb 2024, 3:27 pm by Michelle M. Mello
Stanford Law’s Michelle Mello, Professor of Law and Health Policy, testified before the United States Senate Committee on Finance for the full committee hearing on “Artificial Intelligence and Health Care: Promise and Pitfalls. [read post]
8 Feb 2024, 2:41 pm by Mark Walsh
Anderson, a Republican, was the first female majority leader in the Colorado senate, an achievement that puts her in a class with the late Justice Sandra Day O’Connor, who had the same first in the Arizona state senate. [read post]
8 Feb 2024, 1:15 pm by Eileen McDermott
Senate Committee on Health, Education Labor & Pensions held a hearing today on why the United States pays “by Far, the Highest Prices in the World for Prescription Drugs. [read post]
8 Feb 2024, 1:15 pm by Eileen McDermott
Senate Committee on Health, Education Labor & Pensions held a hearing today on why the United States pays “by Far, the Highest Prices in the World for Prescription Drugs. [read post]
8 Feb 2024, 12:14 pm by Amy Howe
It provides (as relevant here) that no one “shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State,” if that person had previously sworn, “as a member of Congress, or as an officer of the United States” to support the Constitution but then “engaged in insurrection or rebellion” against the… [read post]