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Heilpern & Worley on "Officer of the United States" in Section 3 of the Fourteenth Amendment
29 Feb 2024, 4:30 am by Lawrence Solum
Part V reexamines case law that Blackman and Tillman rely on. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
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] New Thoughts On The Timing In The Section 3 And Criminal Immunity Cases.
11 Feb 2024, 9:58 am by Josh Blackman
During oral argument in Trump v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[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
There was a tension in yesterday's oral argument in Trump v. [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/
[Josh Blackman] Oral Arguments in Trump v. Anderson Part I: Justice Gorsuch Gets "Officers of the United States"
9 Feb 2024, 9:20 am by Josh Blackman
During 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/
[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/
A User’s Guide to Trump v. Anderson, Part Nine: Ten Arguments that Petitioners Haven’t Raised (or that Trump Only Invoked Late in the Game)
7 Feb 2024, 6:25 pm by Marty Lederman
  See also Baude/Paulsen at pp. 11-16; Cawthorn 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 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/
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/
:@WilliamBaude: The Objection: "But He Hasn't Been Convicted Of Anything"
5 Feb 2024, 5:05 am by Will Baude
"  Trump's brief on the merits in the Supreme Court in Trump v. [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
Fund v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Part Four: Trump’s Argument That His Tenure as President Did Not Subject Him to Section 3 Because the President is Not an “Officer of the United States”
3 Feb 2024, 9:52 am by Marty Lederman
 Section 3 of the Fourteenth Amendment provides:No person [1] shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, [2] who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to… [read post]
Balkinization - http://balkin.blogspot.com/
[Josh Blackman] Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution
27 Jan 2024, 7:54 pm by Josh Blackman
See Baude & Paulsen at 107. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Louisville Daily Journal (April 1868): The President is not an "Officer of the United States"
9 Jan 2024, 9:01 pm by Josh Blackman
Here the article invoked the same reasoning used by Chief Justice Marshall in United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Eugene Volokh] New Univ. of Texas Law Class on "Understanding Conservative Legal Thought"
9 Jan 2024, 12:05 pm by Eugene Volokh
State Rifle & Pistol Ass'n, Inc. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] A New, Rushed, Flawed Article In The Section 3 Debate
4 Jan 2024, 12:50 pm by Josh Blackman
We cite the corpus linguistics amicus brief written by James Heilpern in Lucia v. [read post]
The Volokh Conspiracy - http://www.volokh.com/