Challengers File Brief on the Merits at Supreme Court in Trump Disqualification Case
You can find the brief here, which is very well done.
I’ll have more to say about the briefing in a piece posting Monday.
Category Archives: Supreme Court
“As Supreme Court weighs Trump’s eligibility, the ‘10th justice’ stays mum”
Politico:
As the Supreme Court prepares to hold arguments next month on Donald Trump’s eligibility to run for president, there’s one viewpoint it hasn’t heard: the Biden administration’s.
In most high-stakes cases with serious implications for the federal government, the… Continue reading
“‘Officer of the United States’ in Context”
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
Supreme Court Won’t Interfere in Michigan Case Finding that Its Independent Redistricting Commission Likely Engaged in Racial Gerrymanders in Drawing Legislative District Lines Around Detroit
Via Chris Geidner:
And, this application out of Michigan — https://t.co/hS5GNOOWmm — was denied. There were no noted dissents. pic.twitter.com/MvOHHSgYq2— Chris “Law Dork” Geidner (@chrisgeidner) January 22, 2024
Here‘s the docket for the case. The Commission has… Continue reading
Trump Abandons Key Argument He Raised in His Cert Petition That the Question of Disqualification is a Nonjusticiable Political Question Reserved for Congress–Likely for a Political Reason
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
“McConnell, Republican lawmakers sign Supreme Court brief that supports Trump remaining on 2024 ballot”
WaPo:
Nearly 180 congressional Republicans signed onto an amicus brief to the U.S. Supreme Court in support of Donald Trump’s legal battle to remain on the primary election ballot in Colorado. The long list of signatories to the brief includes… Continue reading
“The ‘Sleeping Giant’ Case that Could Upend Jack Smith’s Prosecution of Trump”
Kimberly Wehle in Politico:
There’s been a lot of attention paid to the Supreme Court’s upcoming decision on Donald Trump’s claim of immunity from prosecution for actions taken while president, a judgment that will have big implications for the 2024… Continue reading
Ned Foley-Ben Ginsberg-Rick Hasen Amicus Brief Warns SCOTUS of Political Instability, Potential Violence, and Voter Disenfranchisement If It Avoids Deciding Merits in Trump Disqualification Case
Thanks to the excellent work of Michael Kimberly and Charles Seidell of the McDermott Firm, Ned Foley, Ben Ginsberg and I have filed this amicus brief supporting neither party in the Trump disqualification case at the Supreme Court. Below is… Continue reading
“Historians Council on the Constitution”
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
My New Piece in the NY Times: “The U.S. Lacks What Every Democracy Needs”
I have written this guest essay (free gift link) for the NY Times (adapted from my upcoming book, A Real Right to Vote). It begins:
The history of voting in the United States shows the high costs of living… Continue reading
ELB Podcast 5:5: Steve Vladeck: Trump, the Supreme Court and the Shadow Docket
New ELB Podcast:
What are the costs for democracy when the Supreme Court decides cases on the “shadow docket?”
Is the Purcell Principle a license for states to act illegally in running elections?
What is going to happen with the… Continue reading
“5 ways the Supreme Court may try to defuse its newest Trump bomb”
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
“The Supreme Court’s Election Dilemma”
Jeff Rosen in the WSJ Saturday Essay: (Corrected link)
The Supreme Court, too, might decide that removing Trump from the ballot in some states but not others risks chaos. The dilemma facing the conservative majority is that in the past… Continue reading
I Spoke to Harry Litman on the Talking Feds Podcast About the Trump Colorado Disqualification Case at SCOTUS
You can watch here.