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14 Feb 2024, 3:05 pm by Marty Lederman
II, § 1, cl. 8; nevertheless the President is not an “officer of the United States,” and that therefore Donald Trump (who never served in another qualifying state or federal office) is singularly exempt from Section 3 and may serve in a covered office even if he engages in a rebellion against the United States or gives aid and comfort to its enemies in time of war. [read post]
11 Feb 2024, 5:00 pm by Guest Author
This doesn’t always mean that states have to reduce the burden on speech to an absolute minimum, but it does require states to avoid burdening speech in a manner that is “substantially broader than necessary to achieve the government’s interest. [read post]
9 Feb 2024, 1:20 pm by Yosi Yahoudai
  As Patrick Mahomes tries to cement back-to-back Super Bowl victories, Brock Purdy will try to quiet the haters once and for all as he tries to replace his Mr. [read post]
Murray responded to this point by stating, “President Trump tried to disenfranchise 80 million Americans who voted against him, and the Constitution doesn’t require that he be given another chance. [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]
7 Feb 2024, 7:52 pm by Yosi Yahoudai
A backyard gazebo along with some pieces of outdoor furniture were damaged during the collapse, but crews ran into a bit of trouble with the home’s jacuzzi. [read post]
6 Feb 2024, 10:25 pm by Yosi Yahoudai
A backyard gazebo along with some pieces of outdoor furniture were damaged during the collapse, but crews ran into a bit of trouble with the home’s jacuzzi. [read post]
6 Feb 2024, 11:43 am by Yosi Yahoudai
A backyard gazebo along with some pieces of outdoor furniture were damaged during the collapse, but crews ran into a bit of trouble with the home’s jacuzzi. [read post]
4 Feb 2024, 7:58 pm by Rick Garnett
A fair bit of the conversation among law-types has migrated to Twitter, Substack, etc. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
Ohio apply to the Section 3 question, and that such incitement was a form of “engaging in” the violent insurrection itself—conduct that disqualifies Trump from serving in any future covered federal or state office, including the presidency. [read post]
3 Feb 2024, 1:37 pm by Rebecca Tushnet
Threats to split up FB unless it moderates content in a certain way: tries to intimidate FB, a classic example of jawboning. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  To the contrary, Trump’s brief goes to pains to sharply distinguish the “office under” language in the Positions Clause from the slightly different “officer of the United States” terminology in the “Officials Clause,” and tries to exploit that difference in order to argue that the latter, middle clause must describe a narrower class of offices than the former. [read post]
2 Feb 2024, 12:30 pm by John Ross
Fifth Circuit: The SWAT commander at least tried to identify the right house. [read post]
29 Jan 2024, 4:35 pm
https://protectthewild.substack.com/p/new-animation-end-hare-coursing   Recent Extinctions Within the US States & Territories - A cause for concern. [read post]
26 Jan 2024, 10:25 am by Tobin Admin
§ 40-6-6, the Court of Appeals stated generally that questions as to whether due regard was properly exercised are matters for a jury’s determination. [read post]