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6 Feb 2024, 7:20 am by Will Baude
  Lash quotes the "Minority Report" as follows: [Section Three] disfranchises all of that class of persons therein named, who "shall have engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof," but denounces no penalties against those who may hereafter commit the same act. . . . [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 foreign… [read post]
31 Jan 2024, 10:20 am by Overhauser Law Offices, LLC
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30 Jan 2024, 9:02 pm by renholding
I dissent from the Commission’s denial of a petition to amend Rule 202.5(e), our so-called gag rule.[1]  This de facto rule follows from the Commission’s enforcement of its policy, adopted in 1972, that it will not “permit a defendant or respondent to consent to a judgment or order that imposes a sanction while denying the allegations in the complaint or order for proceedings. [read post]
29 Jan 2024, 4:35 pm
v=BxL9DRdk6Xc   New Animation: End Hare Coursing In a world where compassion and empathy should be our guiding principles, it is disheartening to discover that some individuals derive enjoyment and profit from the suffering of innocent creatures. [read post]
28 Jan 2024, 6:26 am by Marty Lederman
A week from Thursday, on February 8, the Supreme Court will hear argument in No. 23-179, Trump v. [read post]
27 Jan 2024, 7:54 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
26 Jan 2024, 9:01 am by Just Security
”  South Africa had argued that the imposition of such a requirement would follow the model the Court had used in the provisional measures phase of Ukraine v. [read post]