Recent news of pending Section 3 challenges

In Michigan, the case has been submitted without argument to a court of appeals panel. The Michigan Supreme Court declined to take immediate review of the case.

In Colorado, the state supreme court heard oral argument last week. The case has been submitted.

In Oregon, a case has been filed in front of the state supreme court but hasn’t progressed. (Check out the Solicitor General’s opinion, which includes this historical tidbit: “As noted above, we opined that the Secretary was not authorized to determine if Governor Romney was a ‘natural born Citizen’ as required to be eligible to serve as President by Article II, § 1, of the United States Constitution. 33 Op Atty Gen 504 (1968).”)

In Maine, the Secretary of State will hold a hearing Friday on challenges to Trump’s eligibility.

In New Mexico, an interesting amicus brief has been filed in a federal case. Pro se plaintiff John Castro has been racking up losses in federal courts, including one in New Hampshire on the political question doctrine. Amici in New Mexico urge the district court to reject Castro’s claim on standing and not reach the political question doctrine–as that precedent, I’ve noted, has been used in Michigan and been cited elsewhere in pending litigation.

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