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9 Feb 2024, 3:03 am by Will Baude
The change occurs beginning in the place of the draft that occupies pages 32-33 of the version now posted on SSRN. [read post]
8 Feb 2024, 11:37 am by Josh Blackman
Justice Gorsuch was the most interested questioner on whether the President was an "Officer of the United States. [read post]
8 Feb 2024, 9:44 am by Marty Lederman
  For the President and the Vice President of the United States are the only elected officials who represent all the voters in the Nation. [read post]
7 Feb 2024, 5:15 pm by Administrator
Reilly, 2021 SCC 38, at para. 3; see also R. v. [read post]
7 Feb 2024, 10:30 am by Taylor Gulatsi
In 1938, Congress established a nine-person Oliver Wendell Holmes Devise Committee with representatives from the United States House of Representatives, the United States Senate, and the United States Supreme Court. [read post]
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]
3 Feb 2024, 9:52 am by Marty Lederman
  And strangely, Part II-A of Professor Tillman’s brief devotes six pages to arguing (mistakenly) that “[i]n the Constitution of 1788, the President did not hold an ‘Office … under the United States,'” without arguing that the same is true in Section 3 of the Fourteenth Amendment—let alone that the alleged limited meaning of that phrase in 1788 is a reason for reversing the Colorado Supreme… [read post]
2 Feb 2024, 9:30 pm by ernst
  Scalia, J., thought Presidents were "officers of the United States" (Lawfare). [read post]
2 Feb 2024, 2:30 am by Will Baude
"  Another may examine the suggestion that even if Trump is constitutionally disqualified from being President of the United States, that does not mean he is constitutionally ineligible to be elected as President of the United States. [read post]
31 Jan 2024, 6:06 am by James A. Goldston
With a near unanimous bench of judges from 15 and, in some cases, 16 different national legal systems, including the United States, the Court’s opinion spoke volumes. [read post]