[This post is co-authored with Professor Seth Barrett Tillman]
Michael Luttig, who served on the U.S. Court of Appeals for the Fourth Circuit, and as General Counsel of Boeing, has been one of the more vocal proponents of the view that Trump should be disqualified from the ballot. On January 29, Luttig was the lead signatory of an amicus brief to the Supreme Court, which was joined by Peter Keisler, Larry Thompson, Stuart Gerson, and Donald Ayer. Richard D. Bernstein served as counsel of record.
On Tuesday, Keisler and Bernstein published a guest post on the Election Law Blog. Their Tuesday guest post responds to Trump's reply brief, which had been filed on Monday. And in turn, Trump's Monday reply brief advanced several positions about the Sinecure Clause and the Incompatibility Clause; we had developed the same lines of argument in our post on the prior Sunday. Today, Wednesday, we will respond to several arguments that Keisler and Bernstein made. And tomorrow, Thursday, the Supreme Court will hear oral argument in Trump v. Anderson.
