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6 Feb 2024, 3:36 pm by Marty Lederman
  Colorado’s stated objectives are, instead, entirely about (in then-Judge Gorsuch’s words) the preservation of the integrity and “practical functioning” of the Colorado primary election process. [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, 4:22 pm by INFORRM
Since Mrs Justice Collins Rice handed down judgment in Fox v Blake [2024] EWHC 146 (KB) there has been a lot of online discussion about the case. [read post]
5 Feb 2024, 9:08 am by Robin E. Kobayashi
Code § 5412, was not presented at trial can be found in the Noteworthy Panel Decision (NPD) of Raymond Craig Penrose v. [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
”   Some amici, such as Professor Kurt Lash, have filed briefs arguing that the presidency is not a “disqualified” office covered by the Positions Clause—in other words, that Section 3 permits someone to serve as President (or Vice-President) even if they are a covered person who has engaged in insurrection or rebellion against the United States (indeed, even if they’ve “given aid or comfort” to… [read post]