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Much of the evidence I discuss here has been ignored or overlooked in the existing scholarship on Section Three, and most of it does not appear in any of the briefs in Trump v. [read post]

Balkinization - http://balkin.blogspot.com/

[Josh Blackman] A Reply To Sam Bray: The Drafting History of the Impeachment Clause

10 Feb 2024, 10:28 pm by Josh Blackman

That day, a motion was made to add "[t]he [V]ice-President and other Civil officers of the U. [read post]

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

” Both clauses use a “catch-all” term, but they differ slightly from one another in terms of their prepositions—a difference to which Trump would attach great significance. [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/

[Samuel Bray] Remedies Casebook Revision: Chapter 1 ("Introduction")

18 Jan 2024, 8:52 am by Samuel Bray

I substituted Standard Oil Co. of New Jersey v. [read post]

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

[Samuel Bray] Devillier v. Texas–and the Declaratory Judgment Is Not Equitable

16 Jan 2024, 9:07 am by Samuel Bray

Bray, The System of Equitable Remedies, 63 U.C.L.A. [read post]

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

[Eugene Volokh] Amicus Brief Related to the Mackey "Vote-by-Text" Meme Prosecution

16 Jan 2024, 5:01 am by Eugene Volokh

Virginia v. [read post]