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[Josh Blackman] Presidential Bribery and the Clear Statement Rule in Trump v. United States: Revisiting Issues From The First Trump Impeachment and the Mueller Investigation
25 Apr 2024, 4:12 pm by Josh Blackman
Today the Supreme Court heard oral argument in Trump v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Part II – A Response to Professor Jed Shugerman on Slate in 2017, and his most recent 2024 Tweet Thread(s), About The 1793 Hamilton Document!
3 Mar 2024, 12:24 pm by Josh Blackman
  Tillman has studied the lists prepared by Secretary Hamilton and his staff. [read post]
The Volokh Conspiracy - http://www.volokh.com/
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/
[Josh Blackman] Professor Mark Graber Lectures Justice Ketanji Brown Jackson About White Supremacy
13 Feb 2024, 10:02 am by Josh Blackman
We, Blackman and Tillman, are both realists. [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/
[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
Griswold 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] 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] Jefferson Davis: President of the United States?
8 Dec 2023, 7:54 am by Josh Blackman
On December 6, the Colorado Supreme Court heard oral argument in Griswold v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Griswold v. Anderson: The Section 3 Case Before The Colorado Supreme Court
7 Dec 2023, 12:41 pm by Josh Blackman
" And in Trump v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
The President is an Officer of the United States
18 Nov 2023, 4:28 am by Mark Graber
The Andrew Johnson administration understood [read post]
Balkinization - http://balkin.blogspot.com/
After the Cawthorn Ruling, Can Trump Be Saved From Section 3 of the 14th Amendment?
7 Jun 2022, 10:32 am by Roger Parloff
Ron Johnson, Rep. [read post]
Lawfare - http://www.lawfareblog.com/
[Josh Blackman] A Reply to the House of Representatives' Managers' Reply Memorandum
11 Feb 2021, 2:35 pm by Josh Blackman
[This post was co-authored by Josh Blackman and Seth Barrett Tillman.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] My work was cited by President Trump's attorneys
8 Feb 2021, 11:05 am by Josh Blackman
I ultimately did not answer this question, but said the question was open under Walter Nixon v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] The First Amendment Arguments in the House of Representatives' Managers' Trial Memorandum
4 Feb 2021, 3:19 pm by Josh Blackman
In Branti v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Defining a Theory of "Public" and "Private" Offenses for Impeachment
3 Feb 2021, 3:00 pm by Josh Blackman
[This post was co-authored by Josh Blackman and Seth Barrett Tillman] Introduction. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Is the President an "officer of the United States" for purposes of Section 3 of the Fourteenth Amendment?
20 Jan 2021, 9:00 am by Josh Blackman
Fund v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Is There a Free Speech Defense to an Impeachment?
19 Jan 2021, 1:18 pm by Keith E. Whittington
In Garcetti v. [read post]
Lawfare - http://www.lawfareblog.com/
[Josh Blackman] Why do different positions in the government receive different types of free speech rights?
17 Jan 2021, 12:21 pm by Josh Blackman
In cases like Pickering v. [read post]
The Volokh Conspiracy - http://www.volokh.com/