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6 Feb 2024, 3:36 pm by Marty Lederman
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]
6 Feb 2024, 7:20 am by Will Baude
We also despaired that this mistaken account has been adopted by others. [read post]
5 Feb 2024, 5:05 am by Will Baude
Anderson asserts (pp. 38-40) that Section Three can only be enforced following a criminal conviction under 18 U.S.C. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
”[3]   Ultimately, the Colorado Supreme Court decided that “for purposes of deciding this case, we need not adopt a single, all-encompassing definition of the word ‘insurrection. [read post]
4 Feb 2024, 5:57 pm by Bruce Ackerman
Anderson” is based on a serious mistake. [read post]
2 Feb 2024, 6:51 am by Dean Falvy
Anderson (2024): “In our democracy, we must trust the people, not unelected judges, to choose our leaders. [read post]
1 Feb 2024, 11:07 am by Eugene Volokh
"We will not tolerate actions that disrupt others['] rights to demonstrate or exercise their free speech rights. [read post]
29 Jan 2024, 9:30 pm by ernst
Anderson: Jill Lepore, David Blight, Drew Gilpin Faust, and John Fabian Witt. [read post]
25 Jan 2024, 2:51 pm by Kevin LaCroix
Accordingly, as 2024 gets underway, we take this opportunity to discuss several decisions from the past twelve months, which deal with important issues, both novel and perennial, related to Section 533’s scope. [read post]