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6 Mar 2024, 7:16 am
Justice Barrett wrote separately to explain she only agreed with part of the majority per curiam opinion. [read post]
6 Mar 2024, 3:49 am
On Monday, the Supreme Court surprised only the most optimistic of folks and reversed the Colorado Supreme Court's decision disqualifying Donald J. [read post]
5 Mar 2024, 8:13 am
As I explained on January 28, from all that appears in the record, the controversy appeared to have become moot, given that Colorado already included Donald Trump’s name on its primary ballot, which has been sent or handed out to many voters and (presumably) returned by many of those voters to state officials. [read post]
5 Mar 2024, 7:32 am
Joan Biskupic for CNN: Justice Amy Coney Barrett packed two very different messages into her one-page opinion on Monday as the Supreme Court declared states could not toss former President Donald Trump off the ballot. [read post]
4 Mar 2024, 1:43 pm
In my judgment, this is not the time to amplify disagreement with stridency,” Barrett wrote in her two-paragraph opinion. [read post]
4 Mar 2024, 12:47 pm
A group of Colorado voters contends that Section 3 of theFourteenth Amendment to the Constitution prohibits for-mer President Donald J. [read post]
4 Mar 2024, 9:51 am
Anderson overturns the Colorado Supreme Court ruling disqualifying Donald Trump from the presidency under Section 3 of the Fourteenth Amendment. [read post]
4 Mar 2024, 9:09 am
Barrett penned a one-page opinion concurring in part and concurring in the judgment. [read post]
4 Mar 2024, 7:27 am
The US Supreme Court ruled Monday that states cannot enforce Section 3 of the Fourteenth Amendment against federal candidates, keeping former US President Donald Trump on Colorado’s election ballot. [read post]
29 Feb 2024, 7:15 pm
Donald and Sarah E. [read post]
23 Feb 2024, 3:00 am
Willis testified during an extraordinary hearing that could result in her office being removed from the state’s case against Donald Trump. [read post]
20 Feb 2024, 2:16 pm
Trump prioritized this argument in his briefs to the Court, drawing primarily on the scholarship of Seth Barrett Tillman and his co-author, Josh Blackman. [read post]
19 Feb 2024, 8:57 am
Trump prioritized this argument in his briefs to the Court, drawing primarily on the scholarship of Seth Barrett Tillman and his co-author, Josh Blackman. [read post]
19 Feb 2024, 8:14 am
] [This post is co-authored with Professor Seth Barrett Tillman] On Thursday, February 15, 2024, Professor Mark Graber published a post on Balkinization titled "The Enforcement Act of 1870: Disqualification Myths and Realities. [read post]
16 Feb 2024, 3:00 am
Trial Proceed MSN – Ann Marimow (Washington Post) | Published: 2/14/2024 Special counsel Jack Smith asked the Supreme Court to clear the way for the prosecution of Donald for his efforts to remain in office after losing the 2020 election, pushing back against the former president’s claim that he should be shielded from standing trial as he again seeks the White House. [read post]
15 Feb 2024, 3:33 pm
This limitation is based upon what Justice Barrett referred to as a broader “principle of structural preemption,” reflected in the Court’s holdings in landmark decisions such as Tarble’s Case (1871) (a state judge may not issue a writ of habeas corpus for the discharge of a person held by a federal official) and M'Clung v. [read post]
14 Feb 2024, 3:05 pm
Mitchell’s lead argument, to which he devoted far more pages in his briefs than any other, was that although Donald Trump served as “the President of the United States of America,” Art. [read post]
12 Feb 2024, 9:51 am
Supreme Court last Thursday, many of the justices questioned the broad impact of a Colorado Supreme Court ruling that would disqualify former President Donald Trump from that state’s primary ballot. [read post]
9 Feb 2024, 11:37 am
" Seth Barrett Tillman and I are the primary proponents of the former argument, and Kurt Lash is the primary proponent of the latter argument. [read post]
9 Feb 2024, 3:00 am
Donald Trump’s emergence as a political force changed the equation. [read post]
