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9 Feb 2024, 11:37 am by Josh Blackman
[Justice Jackson explained that an ambiguous text should be interpreted in favor of expanding democracy. [read post]
8 Feb 2024, 2:41 pm by Mark Walsh
Two scholars who are not here are William Baude of the University of Chicago law school and Michael Stokes Paulsen of the University of St. [read post]
7 Feb 2024, 2:35 pm by Marty Lederman
 In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
7 Feb 2024, 2:02 pm by Marty Lederman
In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
6 Feb 2024, 4:42 pm by Eugene Volokh
McConnell (Stanford), one of the leading American originalist scholars: I most often agree with my good friends and casebook co-authors Will Baude and Michael Paulsen on matters of constitutional interpretation. [read post]
6 Feb 2024, 7:10 am by Ellena Erskine
Here’s the Tuesday morning read: “Disenfranchisement and Chaos”: The Supreme Court Hears Pivotal Case on Whether Trump Is Eligible to Run for President (Andy Kroll, ProPublica) Donald Trump urges Supreme Court to keep him on ballot in final pitch before arguments (John Fritze, CNN) The Use and Misuse of Section Three’s “Legislative History:” Part I (Will Baude And Michael Paulsen, The Volokh Conspiracy) Shadow of Bush v. [read post]
5 Feb 2024, 7:25 am by qbaron
Will Baude Responds to Objections to his Section Three Article with Michael Stokes Paulsen qbaron Mon, 02/05/2024 - 09:25 Read more about Will Baude Responds to Objections to his Section Three Article with Michael Stokes Paulsen The Volokh Conspiracy Will Baude Michael Paulsen Fighting the Meaning of Section Three [read post]
5 Feb 2024, 5:05 am by Will Baude
  Under Baude and Paulsen's view, Section 3 would already have automatically barred such individuals from office. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
Part II of Donald Trump’s brief argues that the factual predicate for the Colorado Supreme Court’s decision to remove Trump’s name from the primary ballot was absent because Trump did not “engage in” an insurrection against the United States on January 6, 2021.[1]  [Apologies in advance about all the footnotes, but I didn't want to clutter the text with too many peripheral matters.]The Colorado Supreme Court held that Trump’s words on January 6… [read post]
3 Feb 2024, 9:52 am by Marty Lederman
In one of my previous posts, I explained why it's unlikely that a majority of the Justices will hold that the Fourteenth Amendment bars Donald Trump from holding federal office. [read post]
29 Jan 2024, 7:31 am by Media Law Prof
Professors William Baude and Michael Paulsen recently announced their article, The Sweep and Force of Section Three, arguing that Section Three... [read post]