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As I explained in one of my earlier posts, several or all of the Justices might be inclined to decide the case on some ground that doesn’t require the Court to decide whether Donald Trump is eligible to be President, if such an “off-ramp” solution is legally available. [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/