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The Latest Breaking News from Will Baude

Baude on Trump v. Wilcox: "Predictable and Reasonable"

A defense of the Supreme Court's decision to let President Trump remove members of the NLRB and MSPB.

Reason

The Department of Justice's "Longstanding" General Practice of Intracircuit Nonacquiescence

A response to questions from Justices Kagan and Barrett.

Reason

Choice of Law in Takings Cases After Tyler v. Hennepin County (III)

The Court’s departures from standard choice of law principles (or, takings doctrine for federal courts gurus).

Reason

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Jack Smith Explains Why He Did Not Charge Trump With Insurrection

And Smith demonstrates why the Colorado Supreme Court got it wrong.

Reason

The Unprecedented Dynamics of Trump's TikTok Brief

Trump wants to make a deal so SCOTUS doesn't have to.

Reason

Calling for the Views of the President-Elect

[This post is co-authored by Will Baude and Richard Re and cross-posted at Re's Judicata.] When a new presidential administration… The post Calling for the Views of the President-Elect appeared first on Reason.com.

Reason

A Modest Revelation About Trump v. Anderson

Recent New York Times reporting about the Court's deliberations on the case modestly reinforces the view that the Court ruled that disqualification from office-holding under Section 3 requires congressional legislation.

Reason

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Some Thoughts on Raising the Sanity Waterline

[I am happy to share this guest post from Professor Seth Barrett Tillman, which addresses some discourse on legal academia, including a recent post by Will Baude.] There has been much back-and-forth on social media and blogs lately about what constitutes good behaviour for academics. Having been in academic affrays…

Reason

Congratulations to Randy Barnett, Will Baude, Steve Sachs, and Keith Whittington, Whose Academic Work Was Cited in Rahimi

Note particularly Keith Whittington's Originalism: A Critical Introduction, which Justice Barrett cited several times. UPDATE: The Criminal Procedure treatise on which Orin Kerr is a coauthor was cited today by Justice Jackson in Erlinger v. U.S. I didn't read that case as closely, so I missed the cite; thanks to…

Reason

Baude & Paulsen v. Blackman on Section 3

Video from the 2024 Originalism Works-in-Progress Conference

Reason

Griffin's Case (1869) and The Enforcement Act of 1870

Justice Kavanaugh was right. Chief Justice Chase's decision in Griffin's Case "forms the backdrop against which Congress" legislated The Enforcement Act of 1870.

Reason

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

"Some more scholars" talk about Section 3

Reason

Prof. Michael McConnell: "'Narrow' or 'Sweeping'—What Does Originalist Evidence Have to Say?"

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…

Reason

Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution

Their amicus brief endorses the view that members of state legislatures are officers. They took the exact opposite position in 1995 and in subsequent publications.

Reason

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"Officer of the United States" in Context

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…

Reason

Leigh Bardugo, "The Ninth House"

I read this and much enjoyed it some years ago; it's an urban fantasy set at Yale, and I expect that people with some Yale or New Haven experience would enjoy it even more. Indeed, I recommended it to Will Baude, who went to Yale Law, and he just let…

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

Standing Doctrine and the Supreme Court

Today the Harvard Law Review has published its issue on the Supreme Court's October 2022 Term, and Will Baude and I have a case comment on Biden v. Nebraska and more generally on standing doctrine in the term. The piece is called Proper Parties, Proper Relief. HLR case comments are…

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Prof. Larry Lessig (Harvard) Criticizing the § 3 Disqualification Argument as to Trump

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…

Reason

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

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

Prof. Michael McConnell, Responding About the Fourteenth Amendment, "Insurrection," and Trump

"We must not forget that we are talking about empowering partisan politicians such as state Secretaries of State to disqualify their political opponents from the ballot, depriving voters of the ability to elect candidates of their choice. If abused, this is profoundly anti-democratic."

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

A rough ride, an injury in law, and sexy polygraphs.

Reason

Bruen, Originalism, and Post-Enactment Practice

What role should liquidation play in originalism?

Reason

Congratulations to Our Own Will Baude, Steve Sachs, and David Kopel on Their Bruen Cites

Will's Constitutional Liquidation was cited by the majority and by Justice Barrett's concurrence; his and Steve's Originalism and the Law of the Past was cited by the majority; and David's and Joseph Greenlee's The "Sensitive Places" Doctrine was cited by the majority as well. Nice!

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