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The Latest Breaking News from Seth Barrett Tillman

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

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

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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.

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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?

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Special Counsel Jack Smith Responds to Blackman-Tillman

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

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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."

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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.

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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."

Reason

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

A Short Response to Roger Parloff and Others

The Ineligibility or Sinecure Clause (Article I, Section 6, Clause 2) states: No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been…

Reason

Overview of Amicus Briefs Supporting Petitioner in Trump v. Griswold

About 30 amicus briefs were filed to reverse the Colorado Supreme Court’s ruling that disqualified President Trump from the ballot.

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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

We're In The Section 3 Endgame Now

[This post is co-authored with Seth Barrett Tillman] On Friday, the Supreme Court granted certiorari in Trump v. Griswold, the Section 3 case from Colorado. On Tuesday, we filed our amicus brief. We have made efforts to think through a fair number of the issues, and we have written about…

Reason

Amicus Brief Filed in Trump v. Griswold On Behalf of Professor Seth Barrett Tillman

"By contrast, a holding that the President is not an 'Officer of the United States' would authoritatively resolve the Section 3 case against the Petitioner. In that event, it will be the people, and not judges, or state officials, or Congress, who will decide."

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