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7 Feb 2024, 7:42 am by Josh Blackman
At issue is the meaning of Section 3 of the 14th Amendment, adopted after the Civil War, which bars people from holding office if they participated in an insurrection after having sworn to uphold the Constitution as an "officer of the United States. [read post]
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]
6 Feb 2024, 3:36 pm by Marty Lederman
 Therefore, even if Chief Justice Chase had held in Griffin’s Case, as Trump asserts, that “congressional enforcement legislation [is] the exclusive means for enforcing section 3” (Chase didn’t do so), and even if that proposition were correct (it’s not) or if Chase were right about what he did hold about the inability of courts to enforce Section 3 against someone already in office (he wasn’t), that still would not require… [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, 12:08 pm by Kalvis Golde
Miniard 23-444Issue: Whether, when counsel is physically present, state action is required before a court may find a complete denial of counsel under United States v. [read post]
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]
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]