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[Josh Blackman] Oral Arguments in Trump v. Anderson Part I: Justice Gorsuch Gets "Officers of the United States"
9 Feb 2024, 9:20 am by Josh Blackman
During oral argument in Trump v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
:@WilliamBaude: Is Congress A "Backstop"?
9 Feb 2024, 3:03 am by Will Baude
In the version of the article posted on SSRN, we stated categorically that the answer was No:  Congress possesses no power to reject on substantive grounds votes actually cast by electors (as opposed to a power to determine the authenticity of the submitted votes; that is, whether the votes to be counted were actually the votes cast by the electors of the state). [read post]
The Volokh Conspiracy - http://www.volokh.com/
A packed courtroom for the Trump ballot case
8 Feb 2024, 2:41 pm by Mark Walsh
Term Limits v. [read post]
SCOTUSblog - http://www.scotusblog.com/
A User’s Guide to Trump v. Anderson, Part Eight: The First Amendment/Right to Vote/Federalism-Based "Off-Ramp" Argument that is Likely to Carry the Day
8 Feb 2024, 9:44 am by Marty Lederman
  Moreover, the impact of the votes cast in each State is affected by the votes cast for the various candidates in other States. [read post]
Balkinization - http://balkin.blogspot.com/
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 that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:35 pm by Marty Lederman
Term Limits v. [read post]
Balkinization - http://balkin.blogspot.com/
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/
“A Short Time Ago in a Galaxy Not So Far Away”… Disney was Sued by an Actress over Free Speech
7 Feb 2024, 3:59 am by jonathanturley
Here is the complaint: Carano v. [read post]
Jonathan Turley - https://jonathanturley.org/
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/
Tune into one of the most important arguments in decades: Trump v. Anderson
6 Feb 2024, 7:35 am by Marcia Coyle
Link: Listen to Live Arguments at the Court The case, Trump v. [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/
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/
Untitled
4 Feb 2024, 5:57 pm by Bruce Ackerman
 February 4, 2024 Trump v. [read post]
Balkinization - http://balkin.blogspot.com/
:@WilliamBaude: The Objection that Enforcing Section Three is "Undemocratic"
3 Feb 2024, 2:04 pm by Will Baude
As the Supreme Court memorably put it in the case of West Virginia State Board of Education v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Eugene Volokh] Florida Limits on Ownership of Real Property by Chinese Citizens Are Preempted by Federal Law
2 Feb 2024, 3:24 pm by Eugene Volokh
South Dakota (D.S.D. 2011) ("subsequent decisions by the United States Supreme Court expressly cast doubt on the [ ] validity of the special public-interest doctrine" (internal quotation marks and citation omitted)); Fujii v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Interim Post: Two Important Things All the Parties Get Wrong, and One Other Important Thing They Don’t Address
2 Feb 2024, 7:27 am by Marty Lederman
M'Clung v. [read post]
Balkinization - http://balkin.blogspot.com/
A User’s Guide to Trump v. Anderson, Part Two: The Three Possible, but Less-than-Ideal, Dispositions of the Case
31 Jan 2024, 7:10 am by Marty Lederman
  If he did, all or almost all electors “pledged” to him would probably cast their votes for him in December, no matter what the Court has said about his eligibility. [read post]
Balkinization - http://balkin.blogspot.com/
SEC Commissioner Dissents from Denial of Petition to Change No-Admit, No-Deny Policy
30 Jan 2024, 9:02 pm by renholding
”[2]  In that same policy, the Commission articulated its belief “that a refusal to admit the allegations is equivalent to a denial, unless the defendant or respondent states that he neither admits nor denies the allegations. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
Why the Carlin Estate’s Lawsuit Over Fake Comedy Special May Be DOA
29 Jan 2024, 10:48 pm by Aaron Moss
In its 1988 opinion in Midler v. [read post]
Copyright Lately - https://copyrightlately.com/
Pennsylvania Supreme Court Casts Doubt on Abortion Exclusion From State Medicaid Coverage
29 Jan 2024, 12:49 pm by Howard Friedman
In Allegheny Reproductive Health Center v. [read post]
Religion Clause - http://religionclause.blogspot.com/
A User’s Guide to Trump v. Anderson, Part One: Why the U.S. Supreme Court Might Resolve the Case Even Though Its Decision Probably Won’t Affect the Colorado Presidential Primary Election Ballot
28 Jan 2024, 8:49 pm by Marty Lederman
 Trump v. [read post]
Balkinization - http://balkin.blogspot.com/