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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/
[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/
[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/
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
  The state courts, for example, are not trying to enjoin Donald Trump from taking office. [read post]
Balkinization - http://balkin.blogspot.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
  And strangely, Part II-A of Professor Tillman’s brief devotes six pages to arguing (mistakenly) that “[i]n the Constitution of 1788, the President did not hold an ‘Office … under the United States,'” without arguing that the same is true in Section 3 of the Fourteenth Amendment—let alone that the alleged limited meaning of that phrase in 1788 is a reason for reversing the Colorado Supreme Court.) [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/
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]
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/