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The Latest Breaking News from Seth Barrett Tillman

When Did The Supreme Court Come Out "The Other Way Than Every Court of Appeals"?

Not in INS v. Chadha. Yes in Brown v. Board of Education.

Reason

New Eleventh Circuit Amicus Brief In Special Counsel Appeal

"The District Court correctly dismissed the indictment. Amici advance four rationales to support the judgment below."

Reason

Some Thoughts on Raising the Sanity Waterline

[I am happy to share this guest post from Professor Seth Barrett Tillman, which addresses some discourse on legal academia, including a recent post by Will Baude.] There has been much back-and-forth on social media and blogs lately about what constitutes good behaviour for academics. Having been in academic affrays…

Reason

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Biskupic's Second Installment on Trump Immunity

We learn very little new: Roberts made no efforts to appeal to the left, as he sought to reclaim his Court.

Reason

New in Harvard JLPP Per Curiam: What We Did and Did Not Argue in United States v. Trump

Seth Barrett TIllman and I write about our experience in Judge Cannon's court, before the decision yesterday.

Reason

Justice Sotomayor Would Deny Immunity For Abuses of Power, Corrupt Purposes, and Personal Gain

Justice Sotomayor's rhetoric in Trump v. United States mirrors the claims from Trump impeachment 1.0

Reason

Justice Thomas Explains Why The President, Vice President, Speaker and Senate President Pro Tempore Cannot Be "Officers of the United States"

Justice Thomas demonstrates why Justice Scalia erred in his letter to Tillman.

Reason

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The President's Three Bodies After Trump v. United States

Official, Individual, and Personal.

Reason

What Does "Corruptly" Mean? The Justices Really Do Not Want To Tell Us

Fischer and Snyder both ducked this issue.

Reason

Oral Argument on the Constitutionality of the Special Counsel

On June 21, Judge Cannon will hold oral argument on the Appointments Clause challenge to Special Counsel Jack Smith's prosecution of Donald Trump. The Court granted leave for three amici to argue. I will be presenting argument on behalf of Professor Seth Barrett Tillman and the Landmark Legal Foundation. The…

Reason

Justice Thomas's Concurrence in Alexander v. SC NAACP

I think Justice Thomas is setting up to find that the Voting Rights Act is unconstitutional, at least with regard to redistricting.

Reason

Presidential Bribery and the Clear Statement Rule in Trump v. United States: Revisiting Issues From The First Trump Impeachment and the Mueller Investigation

Questions from Chief Justice Roberts and Justices Kavanaugh and Gorsuch revisit unresolved issues from 2017-2020.

Reason

The Kentucky Legislature Removed The Governor's Power To Temporarily Appoint A Senator

Would the Governor's veto of the bill have even been effective?

Reason

Special Counsel Jack Smith Responds to Blackman-Tillman

No matter how you slice it, Smith cannot exercise the powers he purports to exercise.

Reason

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Unplugging on Shabbat

I sign off from the internet for 25 hours every week.

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Tablet Magazine on Tillman: "A thinker whose mind hasn't been corrupted by politics."

Tillman on most things: "There are multiple aspects of the standard narrative ... that just don’t make any sense and that people just have mindlessly repeated for almost two centuries now,”

Reason

If Trump Prevails, How Will Section 3 Be Litigated On Or After January 20, 2025?

Even under the Trump v. Anderson per curiam opinion, Section 3 can be raised as a defense without the need for federal implementing legislation. But the Supreme Court may still avoid ruling on the merits.

Reason

Part II – A Response to Professor Jed Shugerman on Slate in 2017, and his most recent 2024 Tweet Thread(s), About The 1793 Hamilton Document!

Professor Shugerman's argument that the 1793 Hamilton Document, that is, a list of "every person holding any civil office or employment under the United States, (except the judges)," was intended to ensure compliance with the Constitution's Sinecure Clause lacks support.

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Part I—A Response to Professor Jed Shugerman on Slate in 2017, and his most recent 2024 Tweet Thread(s), About The 1793 Hamilton Document!

Reason

A Response to John Mikhail on "Officers of the United States"—Part I

The issues, arguments, and evidence raised by Mikhail has already been addressed by our scholarship. This evidence was not "ignored or overlooked."

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

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

Attending Oral Argument in Trump v. Anderson

Not exactly what I expected, but a very rewarding experience.

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

Tillman in the Times: "A Legal Outsider, an Offbeat Theory and the Fate of the 2024 Election"

"When the Supreme Court considers whether Donald J. Trump is barred from appearing on Colorado’s ballot, a professor’s scholarship, long relegated to the fringes, will take center stage."

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