The Hill’s report on Rep. Raskin’s appearance on CNN’s State of the Union. Raskin was indeed emphatic in his belief that Trump is barred from the presidency by virtue of section 3 of the Fourteenth Amendment, saying that “Donald… Continue reading

As part of a thoughtful discussion of Trump’s status under section 3 of the Fourteenth Amendment on this week’s episode of Slate’s Political Gabfest, the point was made that the impeachment process is the Constitution’s method for disqualifying a… Continue reading

Brief clip emphasizing the timing point–the need to resolve this issue definitively before the election and not afterwards.

Boston Globe (behind paywall). Some excerpts: “Secretary of State David Scanlan, who will oversee the first-in-the-nation presidential primary in just five months, said he’s received several letters lately that urge him to take action based on a legal theory that… Continue reading

Palm Beach Post reports: “Boynton Beach tax attorney Lawrence Caplan filed the challenge in federal court in the Southern District of Florida citing the amendment’s “disqualification clause” for those who engage in insurrections and rebellion against the United States. …… Continue reading

John Yoo and Robert Delahunty in The Federalist has an extended analysis of the issue of applying section 3 of the Fourteenth Amendment to Trump. They accept the Baude-Paulsen position “about the continuing relevance of the Constitution’s insurrection clause,” but… Continue reading

Historian Joshua Zeitz in POLITICO Magazine offers some interesting historical context for the current debate on whether section 3 of the Fourteenth Amendment applies to Trump. In particular, he describes the House of Representatives session when ex-Confederates turned up seeking… Continue reading

Michigan Secretary of State Jocelyn Benson was one of three guests on Nicole Wallace’s Deadline White House today discussing procedural issues relating to litigating whether Trump is constitutionally disqualified to hold the presidency again. What stood out to me as… Continue reading

Derek’s point about the hugely different nature of presidential elections today compared to when the Fourteenth Amendment was adopted is a crucial one and must be kept firmly in mind as one considers the question of constitutional interpretation (or is… Continue reading

Bloomberg Opinion (via Washington Post): “There are two problems with the notion that Trump can and should be kept off the ballot by state election authorities. “First, although Baude and Paulsen’s originalism is honest and conscientious, originalists outside of… Continue reading