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The Latest Breaking News from Mark Graber

Supreme Court to hear oral arguments on future of birthright citizenship

The Supreme Court is set to hear arguments Wednesday about President Donald Trump’s effort to redefine birthright citizenship, in a case experts said could confine Congress’ power to define who is considered part of the nation. The case turns on the president’s executive order to disallow citizenship for children born…

Roll Call

The US supreme court may address Trump’s tariffs. Does he want to win?

The president has claimed any decision against him would ‘destroy’ the ‘financial fabric of our country’

The Guardian - US

Mark Graber on the History and Original Meaning of the Militia Act of 1903

Graber shows that the act used by Trump to federalize the California National Guard does not allow the president to take this step in response to low-level violence and disorder.

Reason

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Supreme Court put onus on Congress to enforce 'Insurrection' ban - Roll Call

The opinion that cleared the way for Trump to appear on 2024 ballots also made it unlikely the underlying issue will be reopened anytime soon.

Roll Call

Griffin's Case (1869) and The Enforcement Act of 1870

Justice Kavanaugh was right. Chief Justice Chase's decision in Griffin's Case "forms the backdrop against which Congress" legislated The Enforcement Act of 1870.

Reason

Professor Mark Graber Lectures Justice Ketanji Brown Jackson About White Supremacy

Mark Graber: “Instead, justices on both the left and right made deeply problematic historical assertions unaware of their foundations in the white supremacist commitments of the history profession for most of the twentieth century.”

Reason

How much will the US Supreme Court shape the 2024 presidential election?

With a conservative majority on the bench, experts warn the justices could face scrutiny as they weigh election cases.

Al Jazeera

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Professor Mark Graber responds to Blackman & Tillman on the 1868 Louisville Daily Journal

In response to the "new source" described in Josh's recent post (and Tillman's recent amicus brief, and earlier in this short SSRN piece by John Connolly) Professor Mark Graber writes at Balkinization: Eureka Not: The President is an Officer of the United States Redux, Redux . . . Mark Graber…

Reason

Louisville Daily Journal (April 1868): The President is not an "Officer of the United States"

A new source in the debate over Section 3 of the Fourteenth Amendment.

Reason

The January 6 Attack was an Insurrection

And it isn't a close case.

Reason

Will Trump provoke a crisis of legitimacy for the US supreme court?

The court can only rescue Trump from the Colorado ruling by shredding originalism and textualism. Will it?

The Guardian - US

Debate on Section 3 and Insurrection at Georgetown

Mark Graber and I discuss whether Trump is disqualified.

Reason

She spent years fighting for accountability. Anna Borkowski hopes Baltimore County has ‘changed for the better’ for sexual assault survivors

BALTIMORE — In the video, Anna Borkowski snuggles with her dog Remi after waking up, their faces touching. The only sound is Remi’s breathing and a sigh as the dog shifts her position.

Tribune News Service

Dan Rodricks: Law prof makes case for barring insurrectionist from holding office. Is Trump next?

Mark Graber, regents professor at the University of Maryland School of Law and constitutional expert, helped make the case for the disqualification of a New Mexico official who took part in the Jan. 6 attack on the Capitol. The case, says Graber, was an important test for efforts to bar…

Tribune News Service

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ABC News

Donald Trump's missing seven hours of phone logs during the January 6 insurrection echo Nixon's missing 18 minutes

With the committee investigating the January 6 insurrection homing in on Donald Trump's inner circle, the US Department of Justice is under renewed pressure to finally make its move on the former president.

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