The Latest Breaking News from Michael McConnell

I'm delighted to pass along this item from my Stanford colleague Prof. Michael McConnell (who also served for several years on the Tenth Circuit): The National Law Journal reports that retired district court judge Nancy Gertner, joined by ethics experts Stephen Gillers and James Sample, have filed an amicus brief…

Special counsel has "more than enough incriminating evidence" to move forward if he cuts official acts from charges

I'm delighted to pass along this item from Prof. McConnell (Stanford), one of the leading American originalist scholars: I most often agree with my good friends and casebook co-authors Will Baude and Michael Paulsen on matters of constitutional interpretation. But not about the attempted disqualification of Donald Trump for running…

[Note: This is the fourth in a series of essays responding to objections that have been made to enforcing Section Three of the Constitution. The first three essays can be found here, here, and here.] Some critics have made the argument that Section Three cannot or should not be used…

[Note: This is the second in a series of essays responding to objections that have been made to enforcing Section Three of the Constitution. The first, introductory essay, can be found here.] What about democracy?! We should let the people vote for whomever they want! Perhaps the most common objection…

I have not been deep in the weeds of the arguments about Section 3 of the Fourteenth Amendment, unlike my constitutional law casebook coauthors: Mike Paulsen, Michael McConnell, and Will Baude. But it is surprising to me that the former President of the United States seems to be putting most…

Meta's independent oversight board on Tuesday criticized the social media titan of removing posts that showed human suffering in the Middle East conflict.

[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…

Businesses in the US are reporting fiery online backlash to Palestinian products and messages about the war in Gaza.

If false beliefs about legality exempt people from Section 3 disqualification, leading Confederates would have been exempt as well.

An excerpt from Lessig's article in Slate (read the whole piece for more), discussing the same issue that has been discussed on this blog by Profs. Ilya Somin, Steve Calabresi, Will Baude, and Michael McConnell (and see also Jonathan Adler's post citing Prof. Derek Muller): The provision of the 14th…