The Latest Breaking News from Steve Calabresi

Lurching Through The Audition Trap

Do we rewards judges who audition or who refuse to audition?

Reason · Oct 6

The Defense Challenge to Alina Habba's Appointment is Weak

A defendant has challenged Acting New Jersey U.S. Attorney Alina Habba's appointment under the Federal Vacancies Reform Act, but he has no real case under the statute's plain language.

Reason · Aug 1, 2025

The Attorney General Can Put Her Own Legal Team in Place—through U.S. Attorneys in New Jersey and Elsewhere

Acting through through Section 546, or temporarily through the Federal Vacancies Reform Act, the Attorney General is entitled to appoint U.S. Attorneys for the District of New Jersey and all other federal judicial districts. If done properly, such appointments preempt any need for judges to appoint U.S. Attorneys. But it…

Reason · Jul 29, 2025

Insurrection, Rebellion, and January 6: Rejoinder to Steve Calabresi [updated with brief further rejoinder]

"Insurrection" and "rebellion" should not be conflated. But the events of January 6 readily meet the criteria for both.

Reason · Jan 7, 2024

The January 6 Attack was an Insurrection

And it isn't a close case.

Reason · Jan 6, 2024

Natelson on the Offices and Officers of the Constitution in 1788 and 1868

"Mr. Tillman has been joined by another legal scholar, Josh Blackman. Together, they have tried to reconstruct the meanings of all these words and phrases."

Reason · Dec 29, 2023

The Amar Brief in Moore Should Not Be Embraced: Part 2

Oral Argument in Moore v. United States will be held on Tuesday. Must taxes on unrealized gains (crucial for a future wealth tax) be apportioned equally among the states?

Reason · Dec 3, 2023

Prof. Larry Lessig (Harvard) Criticizing the § 3 Disqualification Argument as to Trump

An excerpt from Lessig's article in Slate (read the whole piece for more), discussing the same issue that has been discussed on this blog by Profs. Ilya Somin, Steve Calabresi, Will Baude, and Michael McConnell (and see also Jonathan Adler's post citing Prof. Derek Muller): The provision of the 14th…

Reason · Sep 21, 2023

Why President Trump is an "Officer" who Can be Disqualified From Holding Public Office Under Section 3 of the 14th Amendment [Updated]

The opposing view is contrary to the original meaning, and leads to absurd conclusions.

Reason · Sep 16, 2023

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 · Sep 14, 2023