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15 Feb 2024, 3:33 pm by Marty Lederman
  First, it’s likely that many or all of the Justices will want to preserve states’ authority to prevent rebels and insurrectionists from holding state offices, as New Mexico did in the Couy Griffin case currently pending before the Court. [read post]
8 Feb 2024, 9:36 am by Eugene Volokh
Respectfully, we also write to raise serious concerns about the reliability of Professor Lash's writings on Section 3 and to make clear what the historical record does—and does not—say.[1] By answering seven questions, we will show that (1) there was a First Insurrection, (2) John B. [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
Cas. at 26.In his opening brief, Donald Trump appeared to preserve this argument, though just barely:  He didn’t devote any space to it.[1]  His reply brief does even less with it than that, offering only the ambiguous sentence “that section 3 may be enforced only though the congressionally enacted methods of enforcement,” without even arguing that Chief Justice Chase got it right in Griffin’s Case. [read post]
29 Dec 2021, 5:01 am by Eugene Volokh
" This basic principle, namely that the requirement of probable cause to permit entry into a private home is not excused based upon any relative perceived societal importance, was further articulated by the United States Supreme Court in Mincey v. [read post]
15 Dec 2021, 10:33 am by Jonathan H. Adler
Massanari, 266 F.3d 1155, 1172 & n.29 (9th Cir. 2001) (calling en banc proceedings "unwieldy and time-consuming") (internal quotation omitted); Bartlett ex rel. [read post]
22 Jan 2021, 8:26 am by Eugene Volokh
See In re T.R. (1990), 52 Ohio St.3d 6, 16 n.9 (adult civil and criminal proceedings are "presumptively open to the public"); State ex rel. [read post]
22 Sep 2020, 4:45 pm by Eugene Volokh
See In re T.R. (1990), 52 Ohio St.3d 6, 16 n.9 (adult civil and criminal proceedings are "presumptively open to the public"); State ex rel. [read post]
15 Feb 2020, 10:06 am by Sandy Levinson
 But, all things considered, it presents fewer dangers than does presidentialism. [read post]
18 May 2019, 9:27 am by MOTP
Relative to the entire caseload of a particular collection law firm, few cases go to trial and if they do, such trials typically take no more than a few minutes. [read post]
20 Jun 2016, 3:12 am by Amy Howe
United States ex rel. [read post]