The following is a guest post from Richard Bernstein: The formidable Prof. Marty Lederman recently has argued that the Electors Clause does not apply to presidential primaries because primaries elect delegates rather than electors. This particular argument, however, is wrong.… Continue reading

I have written this piece for Slate. it begins: When the Supreme Court hears oral argument on Feb. 8 over Colorado’s decision to disqualify Donald Trump from appearing on the 2024 ballot on grounds that he engaged in insurrection and… Continue reading

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.

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

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