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A User’s Guide to Trump v. Anderson, Addendum I: A Few Reflections on the Oral Argument

14 Feb 2024, 3:05 pm by Marty Lederman

v. [read post]

Balkinization - http://balkin.blogspot.com/

[Josh Blackman] Professor Mark Graber Lectures Justice Ketanji Brown Jackson About White Supremacy

13 Feb 2024, 10:02 am by Josh Blackman

”] [This post is co-authored with Professor Seth Barrett Tillman.] [read post]

The Volokh Conspiracy - http://www.volokh.com/

Supreme Court raises broad questions about Colorado ruling on Trump

12 Feb 2024, 9:51 am by Scott Bomboy

“Maybe put most boldly, I think that the question that you have to confront is why a single state should decide who gets to be president of the United States. [read post]

Constitution Daily - https://constitutioncenter.org/blog

[Josh Blackman] Oral Arguments in Trump v. Anderson Part IV: Justice Sotomayor and Kagan get the line between national power and federalism

9 Feb 2024, 3:48 pm by Josh Blackman

The first installment focused on Justice Gorsuch's colloquies about Officers of the United States. [read post]

The Volokh Conspiracy - http://www.volokh.com/

“Oral Arguments in Trump v. Anderson Part II: Justice Jackson Gets ‘Office under the United States’; Justice Jackson explained that an ambiguous text should be interpreted in favor of expanding democracy; But Mitchell’s concern about Foreign Emoluments Clause ‘boomerang’ could have cut off a path of complete victory.”

9 Feb 2024, 3:02 pm by Howard Bashman

“Oral Arguments in Trump v. [read post]

How Appealing - http://howappealing.abovethelaw.com

[Josh Blackman] Oral Arguments in Trump v. Anderson Part III: Justice Kavanaugh Gets Griffin's Case and Justice Barrett gets FedCourts

9 Feb 2024, 1:28 pm by Josh Blackman

United States: the states are disabled from legislating in this area of federal interest. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Oral Arguments in Trump v. Anderson Part II: Justice Jackson Gets "Office under the United States"

9 Feb 2024, 11:37 am by Josh Blackman

[This is the second installment in a series about the oral argument in Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Steven Calabresi] Offices Under the United States and the Oral Argument in Trump v. Anderson

8 Feb 2024, 3:45 pm by Steven Calabresi

This is dispositive proof that the Presidency is also not an "office *** under the United States" for the purposes of Section 3 of the Fourteenth Amendment.The post Offices Under the United States and the Oral Argument in Trump v. [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/

[Josh Blackman] Attending Oral Argument in Trump v. Anderson

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]

The Volokh Conspiracy - http://www.volokh.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

Justice Barrett, in particular, hinted at such constraints by invoking analogies to M'Clung v. [read post]

Balkinization - http://balkin.blogspot.com/

[Eugene Volokh] "Seven Questions on Section 3: A Response to Professor Kurt Lash"

8 Feb 2024, 9:36 am by Eugene Volokh

Lash's response to the Amar brothers' amicus brief in Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] All Blackman-Tillman Articles, Presentations, Amicus Briefs, Commentary, and Blog posts on Section 3 and Insurrection

7 Feb 2024, 7:47 pm by Josh Blackman

Tomorrow, on February 8, 2024, the Supreme Court of the United States will hear oral argument in Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] A Reply to Peter Keisler and Richard Bernstein, and Michael Luttig, on Section 3

7 Feb 2024, 7:45 pm by Josh Blackman

And tomorrow, Thursday, the Supreme Court will hear oral argument in Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Tillman in the Times: "A Legal Outsider, an Offbeat Theory and the Fate of the 2024 Election"

7 Feb 2024, 7:42 am by Josh Blackman

" Professor Tillman, heavily bearded with black-rimmed glasses and a bookish demeanor, flew to the United States this week to watch the arguments. [read post]

The Volokh Conspiracy - http://www.volokh.com/

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

The state courts, for example, are not trying to enjoin Donald Trump from taking office. [read post]

Balkinization - http://balkin.blogspot.com/

“In Trump v. Anderson, the Respondents’ Theory Would Render Unconstitutional Every Speaker and President Pro Tempore Since 1789, as Well as President Grant’s VP and Presidential Candidate George McGovern; Justice Scalia erred because there are no ‘Officers of the United States’ appointed outside Article II, Section II”

4 Feb 2024, 8:53 pm by Howard Bashman

“In Trump v. [read post]

How Appealing - http://howappealing.abovethelaw.com

[Josh Blackman] In Trump v. Anderson, the Respondents' Theory Would Render Unconstitutional Every Speaker and President Pro Tempore Since 1789, as Well as President Grant's VP and Presidential Candidate George McGovern

4 Feb 2024, 1:01 pm by Josh Blackman

Fund v. [read post]