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25 Aug 2023, 8:27 am
They accept the Baude-Paulsen position “about the continuing relevance of the Constitution’s insurrection clause,” but… Continue reading The post “Why Twisting The 14th Amendment To Get Trump Won’t Hold Up In Court” appeared first on Election Law Blog. [read post]
23 Aug 2023, 6:32 pm
The professors, William Baude and Michael Stokes Paulsen, make the case that unless Congress grants Trump amnesty, he cannot run for or hold the office of the Presidency again because of his behavior surrounding the events of January 6th. [read post]
22 Aug 2023, 6:06 am
The authors are two highly conservative, leading legal scholars, William Baude and Michael Stokes Paulsen. [read post]
21 Aug 2023, 9:14 am
The evidence laid out by the legal scholars William Baude and Michael Stokes Paulsen in “The Sweep and Force of Section Three,” available as a preprint, is momentous. [read post]
21 Aug 2023, 5:00 am
Ross Douthat has waded into the Section Three conversation, siding with Eric Segall against his fellow conservatives Will Baude and Michael Stokes Paulsen. [read post]
21 Aug 2023, 4:00 am
Despite the extensive research of Baude and Paulsen, their analysis ends where it began: Was January 6 an insurrection or rebellion? [read post]
21 Aug 2023, 3:53 am
” The article, written by William Baude of the University ion Chicago Law School, long known as a conservative law school, and Michael Stokes Paulsen of the University of St. [read post]
21 Aug 2023, 3:29 am
“First, although Baude and Paulsen’s originalism is honest and conscientious, originalists outside of… Continue reading The post Noah Feldman on section 3 & Trump appeared first on Election Law Blog. [read post]
20 Aug 2023, 3:07 pm
Last week, law professors William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. [read post]
20 Aug 2023, 8:54 am
Baude… Continue reading The post David French on Section 3 appeared first on Election Law Blog. [read post]
19 Aug 2023, 9:30 am
Judge Luttig and Larry Tribe in The Atlantic, agreeing with the Baude-Paulsen view of Trump’s disqualification under section 3 of the Fourteenth Amendment: “The disqualification clause operates independently of any such criminal proceedings and, indeed, also independently of impeachment… Continue reading The post “The Constitution Prohibits Trump From Ever Being President Again” appeared first on Election Law Blog. [read post]
19 Aug 2023, 8:57 am
Times expressing strong disagreement with the Baude-Paulsen view of Trump’s disqualification under section 3 of the Fourteenth Amendment–and aligning himself with Michael McConnell’s and Eric Segals’s critiques of the Baude-Paulsen view: “My concern is that not… Continue reading The post “When the Law Is Not a Trump Card” appeared first on Election Law Blog. [read post]
18 Aug 2023, 9:30 pm
That SSRN/Penn Law Review article by William Baude and Michael Stokes Paulsen on DJT's disqualification under the 14th Amendment is getting some traction in the popular media (Time, NYT, The Conversation). [read post]
18 Aug 2023, 2:55 pm
“Even before [the Baude-Paulsen article], liberal legal groups had begun researching state laws and working with voters who could challenge Trump’s access to the ballot. [read post]
17 Aug 2023, 7:50 am
Important Jason Willick column in the Washington Post on the perilous nature of disqualification politics: “Baude and Paulsen concede that their sweeping constitutional vision of disqualification-for-disloyalty could “perhaps” be “a little dangerous” for ‘First Amendment liberties of speech, press,… Continue reading The post “Trump triggers the politics of emergency” appeared first on Election Law Blog. [read post]
16 Aug 2023, 8:30 am
I have a draft paper responding to this argument, though I will be revising that in light of Trump's quadruple indictment and the Baude and Paulsen paper. [read post]
15 Aug 2023, 11:12 am
Rick H. links to a forthcoming article by Professors Michael Stokes Paulsen and Will Baude on Section 3 of the Fourteenth Amendment, and specifically the application of that section to former president Donald Trump. [read post]
15 Aug 2023, 5:13 am
My opinion column in the Washington Post, which addresses potential litigation over Trump’s disqualification under section 3 of the Fourteenth Amendment, especially in light of the new Baude-Paulsen law review article; some excerpts: “None of the criminal prosecutions of… Continue reading The post “One state can make the Supreme Court decide if Trump can be president” appeared first on Election Law Blog. [read post]
Of Insurrections, Presidents, and the Utter Failure of Constitutional Law to Address the Real Issues
14 Aug 2023, 4:00 am
"Baude and Paulsen then spend 14 law review pages and countless footnotes explaining why Chase was wrong on every point he made. [read post]
12 Aug 2023, 7:15 pm
I am very grateful for the excellent new article by Professors Baude and Paulsen and for the incredible response to their work. [read post]
