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6 Feb 2024, 3:36 pm by Marty Lederman
 Even apart from that fundamental flaw, however, this first “off-ramp” argument wouldn’t withstand scrutiny on its own terms, even if this were a case (again:  it’s not) where a state were purporting to “enforce” Section 3 by, for example, refusing to allow the winner of an election to enter into state office because she’s disqualified under Section 3, or using a state-law-sanctioned cause of action to remove such a person from the… [read post]
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]
5 Feb 2024, 5:05 am by Will Baude
"  Trump's brief on the merits in the Supreme Court in Trump v. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
”   Both clauses use a “catch-all” term, but they differ slightly from one another in terms of their prepositions—a difference to which Trump would attach great significance. [read post]