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17 Jun 2024, 11:36 am by Jonathan Hafetz
In the United States, as Mark Graber notes, disqualification from holding office, whether through impeachment or under Section 3 of the Fourteenth Amendment, is a form of militant democracy, as it denies voters the opportunity to select the candidate of their choice.But disqualification failed. [read post]
16 Apr 2024, 4:00 am by Eric Segall
As Professor Mark Graber recounts here, President Buchanan was tipped off by Justice Catron about the infamous Dred Scott opinion a few weeks before its scheduled release, and then the President pressured a northern justice to join the opinion along with the Southerners on the Court. [read post]
11 Mar 2024, 9:30 pm by ernst
  The conference is occasioned by the publication of Professor Mark Graber’s book Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University Press of Kansas, 2023). [read post]
11 Mar 2024, 7:28 am by Rick Hasen
Mark Graber for the Washington Monthly: In deciding for Trump, the Supreme Court acquired no additional political capital that might be employed against progressive rights and institutions. [read post]
1 Mar 2024, 8:55 am by Lawrence Solum
Mark Graber (University of Maryland - Francis King Carey School of Law) has posted Section Three of the Fourteenth Amendment: Insurrection (William & Mary Bill of Rights Journal, Forthcoming) on SSRN. [read post]
22 Feb 2024, 9:30 pm by ernst
Mark Graber, University of Maryland Francis King Carey School of Law, has posted Section Three of the Fourteenth Amendment: Insurrection, which is forthcoming in the William & Mary Bill of Rights Journal:The public and scholarly debate over whether former president Donald Trump is eligible to hold office under Section Three of the Fourteenth Amendment has focused far more on technical legal questions than on whether Trump engaged in an insurrection. [read post]
19 Feb 2024, 8:14 am by Josh Blackman
 ] [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, 9:30 pm by ernst
Rev. 2135 (2023).ICYMI: "Of Course Presidents Are Officers of the United States," says Mark Graber (The Atlantic). [read post]
13 Feb 2024, 10:02 am by Josh Blackman
On Monday, February 12, 2024, Professor Mark Graber published a post on Balkinization about the February 8, 2024 oral argument in Trump v. [read post]
7 Feb 2024, 4:30 am by Michael C. Dorf
That question in turn raises sub-questions, as discussed thoughtfully along with discussion of many of the other issues by Professor Marty Lederman in a multi-part series on Balkinization, which also includes helpful recent contributions from Professors Bruce Ackerman, Mark Graber, and Gerard Magliocca.(9) Intertwined with some of the foregoing questions, does the case present a nonjusticiable political question? [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
Part II of Donald Trump’s brief argues that the factual predicate for the Colorado Supreme Court’s decision to remove Trump’s name from the primary ballot was absent because Trump did not “engage in” an insurrection against the United States on January 6, 2021.[1]  [Apologies in advance about all the footnotes, but I didn't want to clutter the text with too many peripheral matters.]The Colorado Supreme Court held that Trump’s words on January 6… [read post]
3 Feb 2024, 9:52 am by Marty Lederman
 I’ve marked in boldface, and labeled as [1] and [2], the two separate clauses of Section 3 that identify particular officers and other government officials. [read post]
29 Jan 2024, 9:30 pm by ernst
  We’ll post Mark Graber’s when we have the link.Update: Here is the Harvard Crimson on the Professors Faust and Lepore's participation on the brief. [read post]
12 Jan 2024, 9:30 pm by ernst
  Mark Graber disputes the significance of the latest discovery of Josh Blackman and Seth Barrett Tillman related to whether the President is an Office of the United States for purposes of Section 3 of the fourteenth Amendment (Balkinization).ICYMI: The failed attempt to rename Brown v. [read post]