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The Latest Breaking News from Michael Stokes Paulsen

Once again, originalism is only elevated when a scholar with conservative credentials opposes conservative jurisprudence.

Reason

In Print: Sweeping Section Three Under the Rug

My latest article with Michael Stokes Paulsen is in print

Reason

The Sweep and Force of Section Three, Published

My article with Michael Stokes Paulsen about the continuing legal force and broad substantive sweep of Section Three of the Fourteenth Amendment has now been published in final form in the Penn Law Review. As a reminder, here is the abstract: The Sweep and Force of Section Three Section Three…

Reason

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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

Donald Trump’s candidacy, and America’s democracy, head to the U.S. Supreme Court

Whether Trump should be kicked off ballots under the 14th Amendment gets to the heart of what makes our democracy tick: free and fair elections among candidates who, at the least, meet basic qualifications to hold a particular office.

Chicago Sun-Times

Who Decides Whether Trump Can Run, and What Sort of Evidence Suffices?

Letting state officials determine whether a candidate has "engaged in insurrection" opens a huge can of worms.

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

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Professor Akhil Amar, On His Podcast, Responds to Attorney General Mukasey and the Tillman-Blackman Position

Section 3 civility outside and inside Yale Law School.

Reason

New Article: Sweeping and Forcing the President into Section 3

A Response to William Baude and Michael Stokes Paulsen

Reason

Georgia has a good case to use 14th Amendment to keep Trump off 2024 presidential ballot

If Georgia barred him from running in 2024, other states may follow, two Loyola University legal experts write. That would leave Trump with no chance to win the electoral votes required to legitimately claim the White House.

Chicago Sun-Times

Teaching Notes on Students For Fair Admissions v. Harvard

Michael Stokes Paulsen, Michael McConnell, Sam Bray, and I recently completed and posted the 2023 online supplement to our constitutional law casebook: The Constitution of the United States. (I shilled for the book earlier on this blog -- at the start of the Trump administration -- as "A new constitutional…

Reason

My New Lawfare Article on Trump and the Use of Section 3 Disqualification as a Tool to Protect Democracy Against itself

Section 3 disqualification is justifiable as a democracy-limiting tool to protect democracy. But there are slippery-slope issues that deserve serious consideration.

Reason

Conversation with Akhil Amar about Section Three of the Fourteenth Amendment

A few weeks ago I linked to a new draft article with Michael Stokes Paulsen, The Sweep and Force of Section Three, forthcoming in the Pennsylvania Law Review. The article argues that Section Three of the Fourteenth Amendment has continuing, self-executing, legal force and a relatively broad substantive sweep, and…

Reason

Experts: Trump is already disqualified

Indictments spell out exactly how Trump engaged in efforts to rebel against the Constitution, scholars say

Salon

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Salon

Experts on whether Trump is disqualified

Some conservative legal scholars argue Trump can’t hold office under Constitution. It’s not that simple

The Guardian - US

Could Trump be barred under the constitution’s ‘engaged in insurrection’ clause?

Experts suggest language in section 3 of 14th amendment is ‘actually very clearcut’ and could mean disqualification

The Conversation

Georgia indictment and post-Civil War history make it clear: Trump's actions have already disqualified him from the presidency

After three indictments of former President Donald Trump, the fourth one in Georgia came not as a surprise but as a powerful exposition of the scope of Trump’s efforts to remain in power despite losing the 2020 presidential election.

Salon

Conservative profs: Trump "disqualified"

“Abundant evidence” shows Trump engaged in insurrection and cannot be president, Federalist Society members write

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Reason

New Article on Insurrection, Rebellion, and Section Three of the Fourteenth Amendment

Michael Stokes Paulsen and I have a new draft article: The Sweep and Force of Section Three, that is forthcoming in the Pennsylvania Law Review. Here is the abstract: Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion. Because…

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