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23 Jan 2021, 2:16 pm by Keith E. Whittington
[On the validity of an impeachment trial for a former president.] [read post]
20 Jan 2021, 5:00 am by Keith E. Whittington
[The First Amendment should not be a viable defense in an impeachment trial] There has been an active debate on the pages of the Volokh Conspiracy over whether the First Amendment should be understood to give President Trump any shelter from the article of impeachment adopted by the House of Representatives in the aftermath of the storming of the Capitol. [read post]
18 Jan 2021, 8:13 am by ernst
Whittington Who Is Responsible for Presidential Supremacy? [read post]
16 Jan 2021, 9:17 am by Keith E. Whittington
[The House and Senate are making unforced errors in laying the groundwork for an impeachment trial] During the first impeachment I wrote a series of posts trying to answer the question of when exactly an officer is impeached. [read post]
15 Jan 2021, 11:17 am by Keith E. Whittington
[Judge Michael Luttig thinks a former president cannot be tried in the Senate. [read post]
15 Jan 2021, 9:22 am by Keith E. Whittington
[Trump has been impeached, but there is still time to put a stronger case before the Senate.] [read post]
13 Jan 2021, 5:00 am by Keith E. Whittington
[Impeachment, not the 14th Amendment, is the mechanism for disqualifying Trump from future federal office.] [read post]
9 Jan 2021, 9:42 am by Matt Gluck, Tia Sewell
Bush and Bill Clinton, about the self-serving nature of Trump’s pardons and commutations, how Trump’s clemency grants are different from previous ones and some potential reforms to the process of issuing pardons and commutations: Keith E. [read post]
5 Jan 2021, 3:17 pm by Howard Wasserman
Keith Whittington at Lawfare breaks down the legal, constitutional, social, and political problems with what congressional Republicans plan to do tomorrow. [read post]
11 Dec 2020, 9:56 am by Keith E. Whittington
[It might just be political posturing at this point, but the GOP is going down a dangerous path] The embattled Texas attorney general Ken Paxton, an elected Republican, recently filed suit in the Supreme Court seeking an injunction against the seating of Democratic presidential electors in four states and a remand to the Republican-controlled state legislatures to name a new slate of presidential electors. [read post]
20 Nov 2020, 11:10 am by Keith E. Whittington
[Trump's hope that state legislatures will replace Democratic presidential electors with Republican electors will be dashed.] [read post]
9 Nov 2020, 8:09 am by Keith E. Whittington
President Donald Trump is still in denial about the outcome of the presidential election. [read post]
7 Nov 2020, 10:31 am by Keith E. Whittington
One of the most disconcerting developments of the 2000 presidential contest in Florida was the prospect that the Republican state legislature might attempt to settle the dispute by selecting its own slate of presidential electors. [read post]
28 Oct 2020, 4:42 pm by Eugene Volokh
[ Speech First, a pro-campus-free-speech advocacy group, can go on with its challenge to UT-Austin's speech codes—and the panel strongly suggests those codes (backed by anonymous reporting to the Campus Climate Response Team) are unconstitutional.] [read post]