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The Latest Breaking News from Anderson

Blackman & Baude & Paulsen at San Diego Originalism Works-in-Progress Conference

"Some more scholars" talk about Section 3

Reason

Oral Arguments in Trump v. Anderson Part IV: Justice Sotomayor and Kagan get the line between national power and federalism

The states do not need Section 3 to impose qualifications on state-created positions. But only the national government should decide questions about the President.

Reason

Oral Arguments in Trump v. Anderson Part III: Justice Kavanaugh Gets Griffin's Case and Justice Barrett gets FedCourts

Why did Jonathan Mitchell not vigorously defend Griffin's Case and Chief Justice Chase? And Mitchell missed Justice Barrett's question about direct/collateral challenges due to his refusal to accept the sword-shield dichotomy.

Reason

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Oral Arguments in Trump v. Anderson Part II: Justice Jackson Gets "Office under the United States"

Justice Jackson explained that an ambiguous text should be interpreted in favor of expanding democracy. But Mitchell's concern about Foreign Emoluments Clause "boomerang" could have cut off a path of complete victory.

Reason

Oral Arguments in Trump v. Anderson Part I: Justice Gorsuch Gets "Officers of the United States"

Justice Gorsuch demonstrates that he is the Court's most careful, consistent textualist.

Reason

While Attention Was on Oral Argument in Trump v. Anderson, the Supreme Court Issued Two Opinions

Things you may have missed between the Trump disqualification case, Biden special counsel report, and NBA trade deadline.

Reason

US supreme court justices have strange views on whether Trump is disqualified

The justices, wanting to restore Trump to the ballot, didn’t address the underlying question of if he incited an insurrection

The Guardian - US

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Offices Under the United States and the Oral Argument in Trump v. Anderson

Section 3 of the Fourteenth Amendment and the Incompatibility Clause both apply to "officers under the United States" and must thus mean the same thing

Reason

"Seven Questions on Section 3: A Response to Professor Kurt Lash"

A reply to Prof. Kurt Lash's response to the brief by Profs. Akhil Amar & Vikram Amar.

Reason

Trump v. Anderson, Professor Akhil Reed Amar, and the Constitutionality of the Presidential Succession Act

Professor Amar's argument renders the presidential succession acts of 1792 and 1947 unconstitutional by barring putting the Speaker of the House of Representatives and the President Pro Temper of the Senate in the line of succession to the presidency

Reason

All Blackman-Tillman Articles, Presentations, Amicus Briefs, Commentary, and Blog posts on Section 3 and Insurrection

We started thinking about the topic on January 6, 2021, and have been writing since.

Reason

Experts: Trump's "dangerous" SCOTUS bet

“It will be one of the most consequential decisions in recent American history,” professor says

Salon

In Trump v. Anderson, the Respondents' Theory Would Render Unconstitutional Every Speaker and President Pro Tempore Since 1789, as Well as President Grant's VP and Presidential Candidate George McGovern

Justice Scalia erred because there are no “Officers of the United States” appointed outside Article II, Section II.

Reason

Ranji Trophy | Rahul and Nitesh help Hyderabad take a massive lead

Hyderabad's G. Rahul Singh and K. Nitesh Reddy's centuries help them take a massive lead against Mizoram.

The Hindu

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Reason

What If Trump v. Anderson Is Treated Like an Election Law Case?

An interesting analysis of the former President's brief challenging his disqualification from the ballot in Colorado.

Reason

Prof. Marty Lederman (Georgetown) on Trump v. Anderson: "Two Important Things All the Parties Get Wrong, …"

"and One Other Important Thing They Don’t Address."

Reason

Fighting the Meaning of Section Three

Preparing responses to some objections

Netflix is losing my favourite sci-fi comic book movie, catch it before it's gone

Dredd is one of the best comic book adaptations of all time, but you only have a few weeks to watch it on Netflix.

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Reason

My Supreme Court Amicus Brief in Trump v. Anderson—the Section 3 Disqualification Case

The brief explains why a criminal conviction is not necessary for Trump to be disqualified from the presidency under Section 3 of the 14th Amendment.

Reason

Section Three and the "First Insurrection" … That Wasn't

[Prof. Kurt Lash (Richmond), who is a leading legal historian of the Fourteenth Amendment, was kind enough to pass along this response to an amicus brief by Profs. Akhil Reed Amar (Yale) and Vikram David Amar (Illinois) in Trump v. Anderson, and I'm delighted to have it published here. As…

Reason

Nikki Haley and Donald Trump

George H.W. Bush ended his 1980 presidential primary campaign on May 26, 1980

Reason

Three Former Attorneys General File Amicus Brief in Trump v. Anderson

Other amici include me, law professor Gary Lawson, and Citizens United.

Reason

U.S. Supreme Court Will Hear Trump Disqualification Case on February 8

From today's order in Trump v. Anderson: The petition for a writ of certiorari is granted. The case is set for oral argument on Thursday, February 8, 2024. Petitioner's brief on the merits, and any amicus curiae briefs in support or in support of neither party, are to be filed…

Reason

Prof. Rick Hasen on the Colorado S. Ct. Trump Disqualification Ruling

From Election Law Blog, about today's Anderson v. Griswold decision: I am traveling and so I offer only some brief and initial thoughts here about what the United States Supreme Court may and should do in light of the Colorado Supreme Court's determination that Donald Trump is ineligible to serve…

Reason

Griswold v. Anderson: The Section 3 Case Before The Colorado Supreme Court

[This post is co-authored with Professor Seth Barrett Tillman]. On December 6, the Colorado Supreme Court heard oral argument in Griswold v. Anderson. In this case, a number of Colorado voters asked the Court to order the Colorado Secretary of State to remove Trump from the primary ballot. The trial…

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