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8 Feb 2024, 5:50 am by jonathanturley
You may also hear references to the Incompatibility Clause which provides, “no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. [read post]
7 Feb 2024, 7:47 pm by Josh Blackman
(For those curious, Parts V and VI of our ten-part series are mostly done, though they may change depending on what happens in Trump v. [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
Cas. at 26.In his opening brief, Donald Trump appeared to preserve this argument, though just barely:  He didn’t devote any space to it.[1]  His reply brief does even less with it than that, offering only the ambiguous sentence “that section 3 may be enforced only though the congressionally enacted methods of enforcement,” without even arguing that Chief Justice Chase got it right in Griffin’s Case. [read post]
6 Feb 2024, 7:20 am by Will Baude
Sometimes nobody says anything because there is nothing to say and a point is regarded as obvious – it literally goes without saying; other times they may have limited time, or other concerns, or simply be thinking about something else. [read post]
4 Feb 2024, 5:57 pm by Bruce Ackerman
  The privilege of membership in a party may be, as this Court said in Grovey v. [read post]