YOU WONT BELIEVE: 3 | Mind Blowing Facts

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 · Feb 4, 2024

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 · Jan 11, 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

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 · Sep 16, 2023

The Dangers of Giving Trump Impunity are Far Worse than those of Prosecuting Him

Giving presidents impunity for using force and fraud to try to nullify election results is far worse than any potential risk of prosecuting Trump.

Reason · Aug 9, 2023

Purple June

With Justice Kavanaugh by his side, the Chief Justice is back in control.

Reason · Jul 2, 2023

Why a Supreme Court Justice Who Always Votes for One Type of Litigant isn't Necessarily Biased

Justice Gorsuch has never voted against Native American interests in a Supreme Court case. But that probably isn't because he's biased in favor of Indians. He simply believes that much existing precedent in this field is biased the other way.

Reason · Jun 27, 2023

Trump's Lawyers Cite, And Disagree with Blackman & Tillman On Whether The President Is Or Is Not An "Officer of the United States"

"To be clear, we mean no disrespect to either of these fine academics but their views on this matter are idiosyncratic."

Reason · Jun 16, 2023

Delegitimizing the Supreme Court

Plus: A look back at Rochelle Walensky's tenure as head of the CDC

Reason · May 8, 2023

Court tosses Berkeley gas ban, but wider impact is unclear

It's unclear what kind of impact a federal appellate court's ruling to overturn a first-in-the-nation natural gas ban from 2019 in Berkeley, California will have

The Independent UK · Apr 18, 2023