If my blogging on this topic has a sense of déjà vu, my apologies. But we are in an intractable cycle of litigation on Section 3 that has a low likelihood of going anyplace. I think some cases will get… Continue reading
Ned and Rick H. have done an impressive job collecting some of the commentary over the last couple of weeks of challenges being filed, or anticipated to be filed, about Donald Trump and his eligibility under Section 3 of the… Continue reading
In 1868, when the Fourteenth Amendment (including its Section 3) was adopted, presidential elections looked something like this: Political parties gathered together in a convention to nominate candidates for president and vice president. State parties would then choose presidential electors… Continue reading
New Vik Amar piece, forthcoming in the Cato Supreme Court Review. Here is the abstract:
This Essay thoroughly analyzes the 2023 U.S. Supreme Court Moore v. Harper decision, examines how the ruling reflects (laudable) doctrinal movement by the various Justices,… Continue reading
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. I am sure the paper will… Continue reading
NYT:
When the House formally censured Representative Paul Gosar, Republican of Arizona, in November 2021, it was the first time in more than a decade that the punishment had been handed out on the floor. Less than two years elapsed… Continue reading
The following is a guest post from Brandon Johnson, who begins as an Assistant Professor at the University of Nebraska on August 14:
The Supreme Court received praise for two election law decisions issued in the waning weeks of its… Continue reading
The Fix:
So far this year, Republicans have introduced impeachment articles 13 times and censure resolutions — formal reprimands — six times, according to data from Quorum, which tracks legislative action. That combined total of 19 is more than any… Continue reading
This is the first in a few posts looking at litigation comparable to the issues in Moore v. Harper to see if any lessons can be learned from those areas. I started with the Takings Clause here. I’ll look… Continue reading
Michael Sozan at Center for American Progress: “[E]ven though the Supreme Court jettisoned a sweeping version of the [independent state legislature] theory to the dustbin of history, the post-Moore v. Harper path is not without some degree of risk.… Continue reading
Politico reports:
After House Speaker Kevin McCarthy suggested on national television last month that Donald Trump may not be the GOP’s best presidential nominee in 2024, the former president was furious — and wanted the California Republican to rectify… Continue reading
NYT:
Democrats in Congress are making a fresh push for the nearly century-old Equal Rights Amendment to be enshrined in the Constitution, rallying around a creative legal theory in a bid to revive an amendment that would explicitly guarantee… Continue reading
This is the first in a few posts looking at litigation comparable to the issues in Moore v. Harper to see if any lessons can be learned from those areas. I’ll start with the Takings Clause.
Lock-stepping is the sometimes-derided practice of construing a state constitution in “lock step” with the federal constitution. Derided, because the state constitution may well have an independent meaning rather than a meaning designed to mirror the federal constitution. The practice… Continue reading