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The Latest Breaking News from Seth Barrett Tillman

Unplugging on Shabbat

I sign off from the internet for 25 hours every week.

Reason

Tablet Magazine on Tillman: "A thinker whose mind hasn't been corrupted by politics."

Tillman on most things: "There are multiple aspects of the standard narrative ... that just don’t make any sense and that people just have mindlessly repeated for almost two centuries now,”

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

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Part II – A Response to Professor Jed Shugerman on Slate in 2017, and his most recent 2024 Tweet Thread(s), About The 1793 Hamilton Document!

Professor Shugerman's argument that the 1793 Hamilton Document, that is, a list of "every person holding any civil office or employment under the United States, (except the judges)," was intended to ensure compliance with the Constitution's Sinecure Clause lacks support.

Reason

Part I—A Response to Professor Jed Shugerman on Slate in 2017, and his most recent 2024 Tweet Thread(s), About The 1793 Hamilton Document!

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

Professor Mark Graber Lectures Justice Ketanji Brown Jackson About White Supremacy

Mark Graber: “Instead, justices on both the left and right made deeply problematic historical assertions unaware of their foundations in the white supremacist commitments of the history profession for most of the twentieth century.”

Reason

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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

Attending Oral Argument in Trump v. Anderson

Not exactly what I expected, but a very rewarding experience.

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.

Reason

Tillman in the Times: "A Legal Outsider, an Offbeat Theory and the Fate of the 2024 Election"

"When the Supreme Court considers whether Donald J. Trump is barred from appearing on Colorado’s ballot, a professor’s scholarship, long relegated to the fringes, will take center stage."

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.

Reason

A Short Response to Roger Parloff and Others

The Ineligibility or Sinecure Clause (Article I, Section 6, Clause 2) states: No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been…

Reason

Overview of Amicus Briefs Supporting Petitioner in Trump v. Griswold

About 30 amicus briefs were filed to reverse the Colorado Supreme Court’s ruling that disqualified President Trump from the ballot.

Reason

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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

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

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

A New, Rushed, Flawed Article In The Section 3 Debate

Scholars and lawyers should exercise caution before citing a new paper by James Heilpern and Michael T. Worley

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Reason

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

Blackman & Tillman, On The Wall

After the Denver trial court held that the President was not an "Officer of the United States," I observed that the Blackman-Tillman position on Section 3 had moved from "off the wall" to "on the wall." If there is a wall in the conservative movement, it is Fox News. Over…

Reason

Jefferson Davis: President of the United States?

Five Responses to the Jefferson Davis Horrible

Reason

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

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

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

Laphonza Butler Better Hope Other Senators Are Textualists

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

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