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The Latest Breaking News from Anderson

Why a "Patchwork" is Better than Being Uniformly Wrong: A Qualified Defense of Section 3 Federalism

The Supreme Court's ruling in Trump v. Anderson is in part rooted in fears of divergent state decisions on election issues. But a patchwork of divergent state rulings isn't necessarily bad.

Reason

If Trump Prevails, How Will Section 3 Be Litigated On Or After January 20, 2025?

Even under the Trump v. Anderson per curiam opinion, Section 3 can be raised as a defense without the need for federal implementing legislation. But the Supreme Court may still avoid ruling on the merits.

Reason

Were There Last Minute Changes to Trump v. Anderson?

There are reasons to suspect the justices were wrangling over language up until the last minute.

Reason

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Supreme Court Rules for Trump in Section 3 Disqualification Case

Today's unanimous per curiam Supreme Court decision in Trump v. Anderson overturns the Colorado Supreme Court ruling disqualifying Donald Trump from the presidency under Section 3 of the Fourteenth Amendment. It does so on the ground that Section 3 is not "self-executing." Thus, only Congress, through special legislation, has the…

Reason

The Modern Supreme Court Agrees With Chief Justice Chase: Trump Cannot Be Removed From The Presidential Ballot

From the outset of the litigation, Blackman & Tillman's argument was that Griffin's Case bars the relief sought by the Colorado voters.

Reason

A Response to John Mikhail on "Officers of the United States"—Part I

The issues, arguments, and evidence raised by Mikhail has already been addressed by our scholarship. This evidence was not "ignored or overlooked."

Reason

New Thoughts On The Timing In The Section 3 And Criminal Immunity Cases.

If the Court kicks the insurrection issue to the election, the Court may also kick the immunity case to the election.

Reason

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Blackman & Baude & Paulsen at San Diego Originalism Works-in-Progress Conference

"Some more scholars" talk about Section 3

Reason

Oral Arguments in Trump v. Anderson Part IV: Justice Sotomayor and Kagan get the line between national power and federalism

The states do not need Section 3 to impose qualifications on state-created positions. But only the national government should decide questions about the President.

Reason

Oral Arguments in Trump v. Anderson Part III: Justice Kavanaugh Gets Griffin's Case and Justice Barrett gets FedCourts

Why did Jonathan Mitchell not vigorously defend Griffin's Case and Chief Justice Chase? And Mitchell missed Justice Barrett's question about direct/collateral challenges due to his refusal to accept the sword-shield dichotomy.

Reason

Oral Arguments in Trump v. Anderson Part II: Justice Jackson Gets "Office under the United States"

Justice Jackson explained that an ambiguous text should be interpreted in favor of expanding democracy. But Mitchell's concern about Foreign Emoluments Clause "boomerang" could have cut off a path of complete victory.

Reason

Oral Arguments in Trump v. Anderson Part I: Justice Gorsuch Gets "Officers of the United States"

Justice Gorsuch demonstrates that he is the Court's most careful, consistent textualist.

Reason

While Attention Was on Oral Argument in Trump v. Anderson, the Supreme Court Issued Two Opinions

Things you may have missed between the Trump disqualification case, Biden special counsel report, and NBA trade deadline.

Reason

US supreme court justices have strange views on whether Trump is disqualified

The justices, wanting to restore Trump to the ballot, didn’t address the underlying question of if he incited an insurrection

The Guardian - US

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Reason

Offices Under the United States and the Oral Argument in Trump v. Anderson

Section 3 of the Fourteenth Amendment and the Incompatibility Clause both apply to "officers under the United States" and must thus mean the same thing

Reason

"Seven Questions on Section 3: A Response to Professor Kurt Lash"

A reply to Prof. Kurt Lash's response to the brief by Profs. Akhil Amar & Vikram Amar.

Reason

Trump v. Anderson, Professor Akhil Reed Amar, and the Constitutionality of the Presidential Succession Act

Professor Amar's argument renders the presidential succession acts of 1792 and 1947 unconstitutional by barring putting the Speaker of the House of Representatives and the President Pro Temper of the Senate in the line of succession to the presidency

Reason

All Blackman-Tillman Articles, Presentations, Amicus Briefs, Commentary, and Blog posts on Section 3 and Insurrection

We started thinking about the topic on January 6, 2021, and have been writing since.

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Salon

Experts: Trump's "dangerous" SCOTUS bet

“It will be one of the most consequential decisions in recent American history,” professor says

Reason

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.

The Hindu

Ranji Trophy | Rahul and Nitesh help Hyderabad take a massive lead

Hyderabad's G. Rahul Singh and K. Nitesh Reddy's centuries help them take a massive lead against Mizoram.

Reason

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.

Reason

Prof. Marty Lederman (Georgetown) on Trump v. Anderson: "Two Important Things All the Parties Get Wrong, …"

"and One Other Important Thing They Don’t Address."

Reason

Fighting the Meaning of Section Three

Preparing responses to some objections

Netflix is losing my favourite sci-fi comic book movie, catch it before it's gone

Dredd is one of the best comic book adaptations of all time, but you only have a few weeks to watch it on Netflix.

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