Thanks to Ned Foley
for blogging last week and a few other weeks over the summer, and especially for his comprehensive coverage of the 14th Amendment, section 3 issue with Trump.
I’m now back on pretty much full time as primary ELB blogger through… Continue reading
Noah Feldman on section 3 & Trump
Bloomberg Opinion (via Washington Post):
“There are two problems with the notion that Trump can and should be kept off the ballot by state election authorities.
“First, although Baude and Paulsen’s originalism is honest and conscientious, originalists outside of… Continue reading
Luttig & Tribe on CNN discussing section 3
This video clip includes, starting 3 minutes into it, Judge Luttig’s discussion of how the issue of Trump’s status under section 3 of the Fourteenth Amendment can–and should–be resolved by the U.S. Supreme Court before the 2024 election. At the… Continue reading
“Could Trump be barred under the constitution’s ‘engaged in insurrection’ clause?”
Sam Levine for The Guardian:
“Disqualification under the 14th amendment does not require a criminal conviction, Noah Bookbinder, the executive director of the watchdog group Citizens for Responsibility and Ethics in Washington (Crew), said in an interview earlier this… Continue reading
David French on Section 3
His N.Y. Times opinion column:
“[The Baude-Paulsen article presents] a fascinating and compelling argument that only grows more compelling with each painstakingly researched page. But as I was reading it, a single, depressing thought came to my mind. Baude… Continue reading
“‘I could sell golf’: How DeSantis and aides courted lobbyists for campaign cash”
WaPo:
When Florida Gov. Ron DeSantis took office in 2019, his political team made a list of the state’s top 40 lobbyists and about 100 of their “Suggested Clients to target” for political contributions, according to a fundraising document reviewed… Continue reading
“Searcy County Arkansas switches to hand-marked paper ballots”
Andrew Appel:
Almost all Arkansas counties have been using ballot-marking devices (BMDs) in their elections. Searcy County has just chosen to switch to hand-marked (fill-in-the-oval) paper ballots, which will be counted by machine (for an unofficial, immediate count) and then… Continue reading
“Very likely” No Labels ticket, says Larry Hogan, if Biden and Trump are Two Major-Party Nominees
Also on CNN’s State of the Union this morning: Maryland’s former governor Larry Hogan predicting it “very likely” that No Labels will get on the ballot and “will offer an alternative” if Trump and Biden are the nominees of their… Continue reading
Asa Hutchinson Invokes Section 3 of the 14th Amendment
On CNN’s State of the Union, presidential candidate (and former governor of Arkansas) Asa Hutchinson invoked the argument that Trump may be constitutionally disqualified from being president again. He anticipates that the issue will be raised in various states and… Continue reading
Can Senate Leadership Find a Path to Avoid the Potential for a Constitutional Armageddon?
The new essay in The Atlantic by Judge Luttig and Larry Tribe significantly raises the risk, in my judgment, that Democrats in Congress will attempt to prevent Trump from being inaugurated on January 20, 2025 if he wins the election… Continue reading
When and how the issue of Trump’s disqualification gets to the U.S. Supreme Court
On the Smerconish broadcast, the issue arose of how and when a case involving Trump’s status under section 3 of the Fourteenth Amendment would get to the U.S. Supreme Court.
I made the point that a case is likely… Continue reading
“Georgia GOP’s Endless Fight Over 2020 Could Help Biden in 2024”
WSJ:
Donald Trump’s indictment has reignited infighting among Georgia Republicans, stoking fears within the party that the division may tip the state to Joe Biden in 2024.
Fulton County District Attorney Fani Willis’s expansive racketeering case, which alleges… Continue reading
Smerconish on CNN discussing Trump’s status under section 3 of 14th Amendment
Here’s the video clip of the segment from this morning’s show, on which I was a guest. I think it was a succinct discussion of the key procedural issues involved, including the essential need to resolve this definitively before the… Continue reading