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[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/

[Steven Calabresi] Offices Under the United States and the Oral Argument in Trump v. Anderson

8 Feb 2024, 3:45 pm by Steven Calabresi

[Section 3 of the Fourteenth Amendment and the Incompatibility Clause both apply to "officers under the United States" and must thus mean the same thing] The oral argument today 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/

[Josh Blackman] Attending Oral Argument in Trump v. Anderson

8 Feb 2024, 11:37 am by Josh Blackman

Stay tuned.The post Attending Oral Argument in <i>Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.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/

[Josh Blackman] All Blackman-Tillman Articles, Presentations, Amicus Briefs, Commentary, and Blog posts on Section 3 and Insurrection

7 Feb 2024, 7:47 pm by Josh Blackman

Tomorrow, on February 8, 2024, the Supreme Court of the United States will hear oral argument in Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] A Reply to Peter Keisler and Richard Bernstein, and Michael Luttig, on Section 3

7 Feb 2024, 7:45 pm by Josh Blackman

And tomorrow, Thursday, the Supreme Court will hear oral argument in Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Tillman in the Times: "A Legal Outsider, an Offbeat Theory and the Fate of the 2024 Election"

7 Feb 2024, 7:42 am by Josh Blackman

"] Tomorrow, the Supreme Court will hear oral argument in Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

“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; Justice Scalia erred because there are no ‘Officers of the United States’ appointed outside Article II, Section II”

4 Feb 2024, 8:53 pm by Howard Bashman

“In Trump v. [read post]

How Appealing - http://howappealing.abovethelaw.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

[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Overview of Amicus Briefs Supporting Petitioner in Trump v. Griswold

18 Jan 2024, 11:11 pm by Josh Blackman

[This post is co-authored with Professor Seth Barrett Tillman] Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Status quo watch

18 Jan 2024, 5:12 am by John Elwood

Although the state public defender filed the petitions, former Solicitor General Seth Waxman became involved after the Supreme Court ordered the state to file a response, and is now counsel of record in all the cases. [read post]

SCOTUSblog - http://www.scotusblog.com/

Weekend Roundup

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]

Legal History Blog - http://legalhistoryblog.blogspot.com/

[Josh Blackman] We're In The Section 3 Endgame Now

10 Jan 2024, 11:14 pm by Josh Blackman

[This post is co-authored with Seth Barrett Tillman] On Friday, the Supreme Court granted certiorari in Trump v. [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/

[Josh Blackman] Amicus Brief Filed in Trump v. Griswold On Behalf of Professor Seth Barrett Tillman

9 Jan 2024, 11:59 am by Josh Blackman

" Biden v. [read post]