David French on Section 3

August 20, 2023, 8:54 amUncategorizeddisqualification, January 6, Section 3Ned Foley

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”

August 20, 2023, 8:48 amcampaign finance, conflict of interest laws, lobbyingRick Hasen

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”

August 20, 2023, 8:44 amUncategorizedRick Hasen

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

August 20, 2023, 7:10 amUncategorizedpolitical parties, Third PartiesNed Foley

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

August 20, 2023, 6:33 amUncategorizeddisqualification, January 6, Section 3Ned Foley

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?

August 19, 2023, 3:15 pmUncategorizedNed Foley

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

August 19, 2023, 11:38 amUncategorizeddisqualification, January 6, Section 3Ned Foley

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”

August 19, 2023, 11:11 amUncategorizedRick Hasen

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

August 19, 2023, 9:40 amUncategorizeddisqualification, January 6, Section 3Ned Foley

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

“The Constitution Prohibits Trump From Ever Being President Again”

August 19, 2023, 9:30 amUncategorizeddisqualification, January 6, Section 3Ned Foley

Judge Luttig and Larry Tribe in The Atlantic, agreeing with the Baude-Paulsen view of Trump’s disqualification under section 3 of the Fourteenth Amendment: “The disqualification clause operates independently of any such criminal proceedings and, indeed, also independently of impeachment… Continue reading

“When the Law Is Not a Trump Card”

August 19, 2023, 8:57 amUncategorizeddisqualification, January 6, Section 3Ned Foley

Ross Douthat in N.Y. Times expressing strong disagreement with the Baude-Paulsen view of Trump’s disqualification under section 3 of the Fourteenth Amendment–and aligning himself with Michael McConnell’s and Eric Segalls’s critiques of the Baude-Paulsen view: “My concern is that not… Continue reading

Wisconsin: “Conservative Justice Rebecca Bradley rips Janet Protasiewicz for not recusing on redistricting case”

August 18, 2023, 5:38 pmjudicial elections, redistrictingRick Hasen

Milwaukee Journal-Sentinel: The outcome of a challenge to Wisconsin’s legislative maps is “predetermined” by the court’s liberal majority, conservative Justice Rebecca Bradley wrote in a dissent issued Tuesday. The court is considering taking up lawsuits filed directly with it, bypassing… Continue reading

“This issue could knock Trump off ballots nationwide. Get ready for it to dominate primary season”

August 18, 2023, 2:55 pmUncategorizeddisqualification, Section 3Ned Foley

L.A. Times. “Even before [the Baude-Paulsen article], liberal legal groups had begun researching state laws and working with voters who could challenge Trump’s access to the ballot. … “’The American public should expect to see a series of challenges filed… Continue reading

Jeffrey Goldberg on the Chuck Toddcast

August 18, 2023, 12:34 pmUncategorizedJanuary 6Ned Foley

This episode is very much worth listening to, especially for its discussion of how the nation seems to be “sleepwalking” into a disastrous situation next spring as a consequence of the Senate’s failure to reach 67 votes to convict Trump… Continue reading