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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 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/
Automotive Engineering Expert Witness Testimony Allowed in Part in Automobile Accident Case
7 Feb 2024, 12:53 pm by Steven Cohen
Facts:  This case (Miranda Polk v. [read post]
Expert Witness Blog - http://www.expertwitnessblog.com/
[Jonathan H. Adler] Jack Goldsmith on Why SCOTUS Should Review the D.C. Circuit's Decision on Presidential Immunity
7 Feb 2024, 10:05 am by Jonathan H. Adler
Court of Appeals decision in United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
:@WilliamBaude: Section Three Is Not A "Political Question"
7 Feb 2024, 5:19 am by Will Baude
United States) or whether an issue lacks "judicially discoverable and manageable standards" to apply as law (such as political gerrymandering claims, as in Rucho v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
The U.S. is no Longer a "Mature Democracy": Implications for Trump's Ballot Eligibility
7 Feb 2024, 4:30 am by Michael C. Dorf
(2) Is the Presidency an "office ... under the United States? [read post]
Dorf on Law - http://www.dorfonlaw.org/
Prepare Defenses Against Rising Religious Discrimination Exposures
6 Feb 2024, 3:58 pm by Cynthia Marcotte Stamer
  This does not include charges filed with state or local Fair Employment Practices Agencies. [read post]
HR & Benefits Update - http://slphrbenefitsupdate.com/
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
  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]
Balkinization - http://balkin.blogspot.com/
[Keith E. Whittington] Former Presidents Do Not Enjoy Blanket Criminal Immunity
6 Feb 2024, 9:18 am by Keith E. Whittington
United States ex rel. [read post]
The Volokh Conspiracy - http://www.volokh.com/
False Claims Act Complaint filed against former President Co-owner Mobile Cardiac PET Scan provider
6 Feb 2024, 8:40 am by jeffreynewmanadmin
The United States has filed a complaint in the U.S. [read post]
Whistleblower Blog - https://www.jeffreynewmanlaw.com/blog/
Tune into one of the most important arguments in decades: Trump v. Anderson
6 Feb 2024, 7:35 am by Marcia Coyle
His brief indicates that the lawyer believes Trump’s strongest argument is that Section 3 does not apply to the former president because a president is not an “officer of the United States. [read post]
Constitution Daily - https://constitutioncenter.org/blog
:@WilliamBaude: The Use and Misuse of Section Three's "Legislative History": Part II
6 Feb 2024, 7:20 am by Will Baude
For example, Lash, in discussing the question of ratifiers' views on "whether Section Three applied to future insurrections," states (at 45) that "[v]ery few ratifiers specifically addressed" the question, but those who did "came to different conclusions" on this point. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Case Establishing Strict New Jersey Test for Independent Contractor Status Finally ‎Resolved: January 2024 IC Legal News Update
6 Feb 2024, 7:12 am by Richard Reibstein Esq.
Larue v. [read post]
Independent Contractor Compliance Legal Blog - http://independentcontractorcompliance.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/
Guest Post: Year in Review: 2023 Key Management and Professional Liability Insurance Coverage Decisions
5 Feb 2024, 10:06 am by Kevin LaCroix
State Parkway Condo. [read post]
The D & O Diary - http://www.dandodiary.com/
Explaining Donald Trump’s 14th Amendment case at the Supreme Court
5 Feb 2024, 9:59 am by Scott Bomboy
Trump v. [read post]
Constitution Daily - https://constitutioncenter.org/blog
Taking Stock of ICJ Decisions in the ‘Ukraine v. Russia’ Cases—And implications for South Africa’s case against Israel
5 Feb 2024, 7:05 am by Oona A. Hathaway
What Does This Mean for the Court? [read post]
Just Security - https://www.justsecurity.org/
:@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/
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/
[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/