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EXPLAINED: William baude | Rare Historical Photos

Supreme Court’s ‘shadow docket’ brings hasty decisions with long-lasting implications, outside of its usual careful deliberation

The recent publication of confidential Supreme Court memoranda by The New York Times has brought to light a pivotal moment in the court’s history. “The birth of the Supreme Court’s shadow docket has long been a mystery,” wrote reporters Jodi Kantor and Adam Liptak. “Until now.”

The Conversation

Do the Supreme Court "Shadow Papers" Reveal Supreme Court Hypocrisy?

William Baude and Richard Re respond to a common narrative

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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New Univ. of Texas Law Class on "Understanding Conservative Legal Thought"

I thought this item from Prof. John Greil at Texas was much worth passing along; he is still developing the syllabus, and comments and suggestions are welcome at john [dot] greil [at] law [dot] utexas [dot] edu: Next fall semester, I'll be teaching a new course at Texas Law—Understanding Conservative…

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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Donald Trump Should be on the Ballot and Should Lose

In a prior blog post, I argued that Donald Trump should be kept off the ballot for the 2024 presidential election because of the Insurrection Clause of Section 3 of the Fourteenth Amendment. I have now changed my mind and have concluded that since Trump was not "an officer of…

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

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

Groups seek to use the Constitution's 'insurrection' clause to block Trump from 2024 ballots

Liberal groups are trying to end Donald Trump's attempt to return to the White House by arguing that he is no longer eligible to be president after trying to overturn the 2020 election results

The Independent UK

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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The Independent UK

Trump has already disqualified himself from White House return – say two conservative law professors

The two law professors argue the former president should be barred under the 14th Amendment

Reason

Jaicomo and Nelson Respond to Codifiers' Errors

I received a long and thoughtful response to my post last month about the codified text of 42 U.S.C. 1983, from two lawyers at the Institute for Justice, Patrick Jaicomo and Daniel Nelson. I will reproduce it in full here (it continues after the break). In a post last month,…

Reason

Guest Post by Steven A. Mitchell: History & Language in Practice

A New Course at Notre Dame Law School

Tribune News Service

What’s next for Texas abortion law if the US Supreme Court overturns Roe v. Wade?

DALLAS — If the Supreme Court overturns Roe v. Wade, what happens to Texas state laws that were in place prior to the landmark ruling on abortion rights almost 50 years ago?

Reason

How to Qualify Qualified Immunity

Exploring the reach of the “fair notice” rationale.

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