Smart Sam Bray at Volokh, which leaves me wondering why Trump’s lawyers devoted so much time and prime brief real estate to this argument: I have not been deep in the weeds of the arguments about Section 3 of the… Continue reading

In his cert. petition in the disqualification case, Donald Trump argued: “Congress—not a state court—is the proper body to resolve questions concerning a presidential candidate’s eligibility….There is no similar commitment of questions concerning presidential eligibility tostate courts, particularly in the… Continue reading

Smart idea and very impressive lineup of historians: In recent years, the U.S. Supreme Court has repeatedly relied on history to decide major questions of constitutional law. But the Court’s historical accounts are often deeply flawed, departing significantly from historians’… Continue reading

Josh Gerstein at Politico: After years of dodging Donald Trump-related questions, the Supreme Court is now facing the most consequential one of all: Is he an insurrectionist who is barred by the 14th Amendment from running for president? Directly… Continue reading

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