SHOCKING: 3 - What They Never Told You

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

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 · Jan 11, 2024

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."

Reason · Jan 9, 2024

Griswold v. Anderson: The Section 3 Case Before The Colorado Supreme Court

[This post is co-authored with Professor Seth Barrett Tillman]. On December 6, the Colorado Supreme Court heard oral argument in Griswold v. Anderson. In this case, a number of Colorado voters asked the Court to order the Colorado Secretary of State to remove Trump from the primary ballot. The trial…

Reason · Dec 7, 2023

Moving The Section 3 Officer Argument From "Off The Wall" to "On The Wall"

Debates about Section 3 remind me of debates over the Affordable Care Act’s individual mandate

Reason · Nov 21, 2023

Colorado District Court "Holds that Section Three of the Fourteenth Amendment Does Not Apply to Trump"

"The Court is persuaded that 'officers of the United States' did not include the President of the United States."

Reason · Nov 18, 2023

Laphonza Butler Better Hope Other Senators Are Textualists

The residency requirement for Senators applies to those who are "elected," and not "appointed."

Reason · Oct 3, 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

Professor Calabresi in WSJ: President Trump Can Not Be Disqualified

Professor Calabresi changes his mind based on Tillman's argument: the President is not an "Officer of the United States"

Reason · Sep 13, 2023