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A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:35 pm by Marty Lederman
Term Limits v. [read post]
Balkinization - http://balkin.blogspot.com/
A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of Appointment that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:02 pm by Marty Lederman
Term Limits v. [read post]
Balkinization - http://balkin.blogspot.com/
The U.S. is no Longer a "Mature Democracy": Implications for Trump's Ballot Eligibility
7 Feb 2024, 4:30 am by Michael C. Dorf
(2) Is the Presidency an "office ... under the United States? [read post]
Dorf on Law - http://www.dorfonlaw.org/
Prepare Defenses Against Rising Religious Discrimination Exposures
6 Feb 2024, 3:58 pm by Cynthia Marcotte Stamer
  The Supreme Court’s 2023 decision in Groff v. [read post]
HR & Benefits Update - http://slphrbenefitsupdate.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
  If you’re interested, good places to start are Part II-C of the Baude/Paulsen article, and Part I-E of Kim Roosevelt’s amicus brief. [read post]
Balkinization - http://balkin.blogspot.com/
Tune into one of the most important arguments in decades: Trump v. Anderson
6 Feb 2024, 7:35 am by Marcia Coyle
Link: Listen to Live Arguments at the Court The case, Trump v. [read post]
Constitution Daily - https://constitutioncenter.org/blog
:@WilliamBaude: The Use and Misuse of Section Three's "Legislative History": Part II
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]
The Volokh Conspiracy - http://www.volokh.com/
Couple seeks review of revoked visa
5 Feb 2024, 12:08 pm by Kalvis Golde
Miniard 23-444Issue: Whether, when counsel is physically present, state action is required before a court may find a complete denial of counsel under United States v. [read post]
SCOTUSblog - http://www.scotusblog.com/
:@WilliamBaude: The Objection: "But He Hasn't Been Convicted Of Anything"
5 Feb 2024, 5:05 am by Will Baude
§2383, which covers participation in rebellion or insurrection, and which provides that those found guilty "shall be incapable of holding any office under the United States. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Part Five: Trump’s Argument That He Did Not Engage in an Insurrection
4 Feb 2024, 6:29 pm by Marty Lederman
” 395 U.S. at 447; see also Counterman v. [read post]
Balkinization - http://balkin.blogspot.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
  We can take a good guess why they have suddenly taken this position. [read post]
The Volokh Conspiracy - http://www.volokh.com/
WIPIP session 7: Design Law
3 Feb 2024, 4:54 pm by Rebecca Tushnet
Mazer v. [read post]
43(B)log - http://tushnet.blogspot.com/
:@WilliamBaude: The Objection that Enforcing Section Three is "Undemocratic"
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]
The Volokh Conspiracy - http://www.volokh.com/
[Jonathan H. Adler] Whether Chevron Stands or Falls, Any Deference Should Be Based Upon Delegation, Not Ambiguity
3 Feb 2024, 11:29 am by Jonathan H. Adler
  Recall that in 2018, in Pereira v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
MIAMI BUSINESS LITIGATION: CORPORATE OFFICERS AND THE BUSINESS JUDGMENT RULE
3 Feb 2024, 4:57 am by Mavrick Law Firm
The business judgment rule is a critical feature of the law governing corporations throughout the United States. [read post]
Florida Business Litigation Lawyer Blog - https://www.mavricklaw.com/blog/
:@WilliamBaude: Fighting the Meaning of Section Three
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]
The Volokh Conspiracy - http://www.volokh.com/
Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
1 Feb 2024, 10:01 am by Scott Hervey
On June 8, 2023, the United States Supreme Court decided on Jack Daniel’s Properties, Inc. [read post]
IP Law Blog - http://www.theiplawblog.com/
The Biden Administration Must Use Civil Rights Enforcement to Push Back Against Texas’s Racist Invocation of Invasion
1 Feb 2024, 6:05 am by Kate Huddleston
” In the 2012 touchstone decision Arizona v. [read post]
Just Security - https://www.justsecurity.org/
Between Rhetoric and Effects: The ICJ Provisional Measures Order in South Africa v. Israel
1 Feb 2024, 5:50 am by Yuval Shany
In the Gambia v. [read post]
Just Security - https://www.justsecurity.org/
Disney Loses, Despite Retaliatory Purpose
1 Feb 2024, 4:03 am by SHG
The court relied heavily on In re Hubbard, In Hubbard, the Eleventh Circuit relied heavily on United States v. [read post]
Simple Justice - http://blog.simplejustice.us