[Note: This is the tenth and hopefully the last – at least for now; we won't promise that we won't ever write more on this topic! – in a series of essays responding to objections that have been made to enforcing Section Three of the Constitution. The first nine essays can be found here, here, here, here, here, here, here, here, and here.]
Since last fall, when our article The Sweep and Force of Section Three was accepted for publication by the University of Pennsylvania Law Review and first posted on SSRN, we have received further comments and suggestions about the draft and taken them into consideration as we have gone through the editing process. As noted at the outset of this series, none of these comments has led us to reconsider and change our core substantive propositions in a major way. As the article goes to press in the next few weeks, it remains very close in substance to the versions from last fall. (We are grateful for all the comments and suggestions, and especially thank all who identified errors in the manuscript.)
We have made just one more meaningful substantive change since September, which we wish to note publicly before the article is published. Though the article is set to appear in print sometime this month, it might not beat the Supreme Court's decision in Trump v. Anderson to press. Indeed, it is a small irony that even though our article was written and posted before these lawsuits were filed (and with no contemplation of immediate litigation) the Supreme Court might nonetheless win the race to publication, leaving some aspects of our article potentially overtaken by events. (We would strongly resist, however, any notion that a law review article becomes "moot" in consequence of a Supreme Court decision! Our views remain our views, and remain correct, or not, whether the Supreme Court embraces them, or not.)
