What If Trump v. Anderson Is Treated Like an Election Law Case?
An interesting analysis of the former President's brief challenging his disqualification from the ballot in Colorado.
14th Amendment
My Supreme Court Amicus Brief in Trump v. Anderson - the Section 3 Disqualification Case
The brief explains why a criminal conviction is not necessary for Trump to be disqualified from the presidency under Section 3 of the 14th Amendment.
Trump's Supreme Court Brief Rebuts the Claim That He 'Engaged in Insurrection'
He is asking the justices to reject the Colorado Supreme Court's conclusion that he is disqualified from running for president.
January 6 and Insurrection - a Response to Ross Douthat
On Douthat's reasoning, published in the NY Times, Confederate secession wasn't an insurrection either.
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.
Supreme Court Will Consider Trump Section 3 Disqualification Case
The justices will hear the case on an expedited schedule, and could potentially consider all the issues it raises.
7 Reasons Trump's Lawyers Say He Is Not Disqualified From Running for President
His Supreme Court petition raises serious questions about how to interpret and apply Section 3 of the 14th Amendment.
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.
Trump Wouldn't Be the First Non-Confederate Barred From Office by the 14th Amendment
The weird story of Victor Berger, the Espionage Act, and "Shoeless" Joe Jackson.
Maine and Michigan Issue Rulings on Trump and Section 3 Disqualification
Maine's Secretary of State ruled that Trump is ineligible for the presidency. The Michigan Supreme Court refused to reconsider a lower court ruling allowing Trump to remain on the GOP primary ballot, because state law doesn't limit primary ballot access to allow only candidates eligible for the office they seek.
More on Criminal Conviction and Section 3 Disqualification [Updated]
My response to conservative political commentator Conn Carroll's argument on this issue.
Why Section 3 Disqualification Doesn't Require a Prior Criminal Conviction on Charges of Insurrection [Updated]
The reason is a combination of the general structure of our legal system and the original meaning of Section 3.
Efforts to Show that Exempting the President from the Scope of Section 3 of the 14th Amendment isn't Absurd Underscore that it Actually is
Harvard law Prof. Larry Lessig's attempt to prove otherwise misfires.
Was the Capitol Riot an 'Insurrection,' and Did Trump 'Engage in' It?
The Colorado Supreme Court's reasoning in deciding that Trump is constitutionally disqualified from running for president seems iffy.
Colorado Supreme Court Rules Trump is Ineligible for the Presidency Under Section 3 of the 14th Amendment
The Colorado court got this issue right. The case is now likely headed to the US Supreme Court.
Seattle Banned Landlords From Rejecting Tenants Based on Criminal Records. Will the Supreme Court Step in?
The political push behind the law was well-meaning. But it will backfire on many prospective renters.
My New Bulwark Article on Trump and Section 3 of the 14th Amendment
The article makes the case for disqualification on moral and pragmatic grounds, as well as legal ones.
Colorado Court Rules Trump Engaged in Insurrection, but Cannot Be Disqualified Under Section Three Because the President is not an "Officer of the United States"
The court ruled against Trump on his strongest arguments, but accepted a weak one.
Cato Institute Call for Papers on Constitutional Protection for Economic Liberties
Winning submissions will be included in a symposium, and get a $2000 honorarium.
Video of University of Minnesota Conference on Potential Disqualification of Donald Trump Under Section 3 of the 14th Amendment
The conference includes a variety of legal scholars and other experts on different sides of the issue, including VC bloggers Josh Blackman and myself.
Louisiana Mother of Autistic Child Hit by Teacher Files Supreme Court Petition
School officials in three states are effectively immune from lawsuits over excessive corporal punishment. A Louisiana mother is asking the Supreme Court to step in.
Sixth Circuit Reverses Preliminary Injunctions Against TN & KY Laws Restricting Gender Dysphoria Treatments for Minors (Updated)
After a divided ruling, laws limiting such treatments in Tennessee and Kentucky will go into force.
Insurrectionists Who Think they are Upholding the Constitution are Still Insurrectionists - and Still Subject to Disqualification Under Section 3 the Fourteenth Amendment
If false beliefs about legality exempt people from Section 3 disqualification, leading Confederates would have been exempt as well.
MSNBC Debate with Michael McConnell on Trump and Disqualification Under Section 3 of the 14th Amendment
The debate aired on the Mehdi Hasan show.
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.
Ilya Somin: Should Libertarians Support the Prosecutions of Trump?
"If anything is a reprehensible act for a high official in a democracy that deserves retribution, this is a good example," says professor Ilya Somin.
Three Interviews About the Criminal Cases Against Trump and his Possible Disqualification under the Fourteenth Amendment
I recently did interviews on these topics with Reason TV, the Washington Post, and Radio Free Europe/Radio Liberty.
Former Prisoner Can Sue Officials Who Illegally Detained Him for 2 Months, 5th Circuit Says
The case is just one example of miscalculations that routinely keep Louisiana prisoners behind bars after they complete their sentences.
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.
District Court in Florida Concludes Voters Lack Standing to Challenge Trump's Eligibility
A lawsuit to keep Donald Trump off the Florida primary ballot fails.
Federal Appeals Court Rules Detroit's Asset Forfeiture Violates Due Process Rights of Drivers
A federal circuit judge writes that Detroit's vehicle seizure scheme "is simply a money-making venture—one most often used to extort money from those who can least afford it."
Why Efforts to Invoke Section 3 of the 14th Amendment to Keep Donald Trump Off the Ballot May Fail
Election law expert Derek Muller reminds us that we have seen these sorts of claims before.
David Sosa Says Mistakenly Arresting Him Twice Based on His Name Violated His Rights. Other David Sosas Agree.
The 11th Circuit rejected Sosa's constitutional claims, and he is asking the Supreme Court to intervene.
Police Seized Innocent People's Property and Kept It for Years. What Will the Supreme Court Do?
Civil forfeiture is a highly unaccountable practice. The justices have the opportunity to make it a bit less so.
Sixth Circuit Stays Preliminary Injunction Against Tennessee Law Limiting Gender-Affirming Treatments for Minors
A divided panel concludes the plaintiffs are unlikely to prevail on the merits and pledges to expedite the appeal.
Neither the Constitution Nor Common Sense Supports the Argument the Debt Ceiling Is Unconstitutional
Professor Prakash dispatches the arguments for unilateral Presidential authority to disregard the debt ceiling.
The Eternal Recurrence of Debt Ceiling Debates
The current debate is a replay of debates we have had before (and will likely have again).
Biden, Yellen Won't Rule Out Declaring Debt Ceiling Unconstitutional
Plus: Kansas voting restrictions struck down, the legacy of the "vast wasteland" speech, and more…
Supreme Court Decides to Hear Important Asset Forfeiture Procedural Property Rights Case
The Court will determine whether the Due Process Clause prevents the government from using asset forfeiture to seize property and hold it for many months without a timely hearing.
Washington State's Democrats Float a Proposal To Make Voting Mandatory
The proposal is "about behavior modification," argued state Sen. Patty Kuderer, likening the government's role in promoting voting to that of a parent.
Louisiana Keeps Over a Quarter of Inmates Detained Past Their Release Dates, DOJ Investigation Finds
"There is an obligation both to incarcerated persons and the taxpayers not to keep someone incarcerated for longer than they should be," a Louisiana district attorney said. "Timely release is not only a legal obligation, but arguably of equal importance, a moral obligation."
The Originalist Debate About Affirmative Action
The Supreme Court grapples with the original meaning of the 14th Amendment in Students for Fair Admissions v. University of North Carolina.
Doctors Say a California Law Targeting Clinicians Who Share COVID-19 'Misinformation' Is Unconstitutional
The law authorizes regulators to discipline physicians who deviate from the "contemporary scientific consensus."
No, State Legislators Can't Ban Interstate Abortion Travel
The Constitution's commerce clause guarantees a domestic free trade zone. A state law that bars a resident from traveling to take advantage of another state’s economic activity would be unconstitutional.
Lindsey Graham's Proposed Federal Abortion Ban is an Unconstitutional Assault on Federalism - But it Might Fly Under Current Supreme Court Precedent
The problem is the Court's ultra-broad interpretation of Congress' power to regulate interstate commerce. But the justices might cut that back.
