On CNN’s State of the Union, presidential candidate (and former governor of Arkansas) Asa Hutchinson invoked the argument that Trump may be constitutionally disqualified from being president again. He anticipates that the issue will be raised in various states and… Continue reading

On the Smerconish broadcast, the issue arose of how and when a case involving Trump’s status under section 3 of the Fourteenth Amendment would get to the U.S. Supreme Court. I made the point that a case is likely… Continue reading

Here’s the video clip of the segment from this morning’s show, on which I was a guest. I think it was a succinct discussion of the key procedural issues involved, including the essential need to resolve this definitively before the… Continue reading

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

Ross Douthat in N.Y. 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 Segalls’s critiques of the Baude-Paulsen view: “My concern is that not… Continue reading