Via Josh Blackman (who has a new draft article with Seth Tillman disputing the originalist account that Will Baude and Michael Stokes Paulsen offered on this question).

Marshall Cohen for CNN: A liberal group filed a lawsuit Tuesday to block former President Donald Trump from the 2024 presidential ballot in Minnesota, the second major lawsuit in two weeks that hopes to invoke the 14th Amendment’s arcane “insurrectionist… Continue reading

Jerry Goldfeder reflects.

Aaron Blake for WaPo: To the extent that Democratic secretaries of state and others in the party have entertained the idea of disqualification, it’s been to say that the Supreme Court should decide the issue. (A prominent and Trump-critical Republican… Continue reading

Arizona Capitol Times: A practice used by some, if not all, Arizona counties to verify signatures on early ballots may be illegal. And that could result in election officials across the state have to change their procedures – and potentially… Continue reading

Scott Anderson of Lawfare led a thorough and well-organized discussion of the various procedural hurdles and obstacles associated with litigation over section 3 of the Fourteenth Amendment, with Derek and me as participants. I think it would be particularly useful… Continue reading

WSJ reports.

Anna Bower, Alan Rozenshtein, and Ben Wittes for Lawfare: The question of whether the Fulton County case should be removed to federal court—in whole or in part, temporarily pending resolution of certain immunity questions or all the way through… Continue reading

NYT: The Trump prosecutions are likely to be a stress test of the country’s commitment to the rule of law at a moment of intense polarization and with Mr. Trump solidifying his position as the Republican Party’s presumptive presidential nominee.… Continue reading

AP:  judge blocked Wisconsin election officials Tuesday from using a federal voter registration form, finding they never formally approved its use. Conservative law firm Wisconsin Institute for Law and Liberty filed a lawsuit in September 2022 asking a judge to… Continue reading

NYT: Republicans in Wisconsin are coalescing around the prospect of impeaching a newly seated liberal justice on the state’s Supreme Court, whose victory in a costly, high-stakes election this spring swung the court in Democrats’ favor and threatened the G.O.P.’s… Continue reading

Read the complaint.

Adam Unikowsky at Substack.

CNN: Wisconsin Republicans, after a string of losses in hotly contested statewide races, are taking steps toward sidelining the state’s nonpartisan elections chief and undercutting the new liberal majority on the state Supreme Court. Their actions – an escalation of… Continue reading