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Networks and newspapers have been featuring experts who assured the public that this theory was well-based and disqualification well-established. [read post]

Jonathan Turley - https://jonathanturley.org/

A User’s Guide to Trump v. Anderson, Part Eight: The First Amendment/Right to Vote/Federalism-Based "Off-Ramp" Argument that is Likely to Carry the Day

8 Feb 2024, 9:44 am by Marty Lederman

, Anderson v. [read post]

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

A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of that Colorado Law Doesn’t Authorize

7 Feb 2024, 2:35 pm by Marty Lederman

Term Limits v. [read post]

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

A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of Appointment that Colorado Law Doesn’t Authorize

7 Feb 2024, 2:02 pm by Marty Lederman

Term Limits v. [read post]

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

A Response to Brendan Carr and Nathan Simington on the Market Power of Social Media Platforms, by Sarah Oh Lam

7 Feb 2024, 10:05 am by Guest Author

[3] Thomas G. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

[Eugene Volokh] Court Upholds Disbarment of Lawyer for In-Court Misconduct, Including Lawyers' Allegations of Anti-Female, Anti-Disabled, and Pro-Jewish Bias

6 Feb 2024, 2:54 pm by Eugene Volokh

Thomas G. [read post]

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

:@WilliamBaude: The Use and Misuse of Section Three's "Legislative History": Part II

6 Feb 2024, 7:20 am by Will Baude

For example, Lash, in discussing the question of ratifiers' views on "whether Section Three applied to future insurrections," states (at 45) that "[v]ery few ratifiers specifically addressed" the question, but those who did "came to different conclusions" on this point. [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

Trump concedes, as he must (Br. at 24-25), that the President is an “officer” for purposes of the Constitution.[1] After all, the Constitution refers to the President’s “office” or to the “Office of the President” almost two dozen times.[2] He insists, however, that the qualifying phrase “of the United States” in Section 3 serves to exclude the President, as well as the Vice-President, Senators and House… [read post]

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