Tag: federal office
The Supreme Court’s Supreme Betrayal
The Supreme Court of the United States did a grave disservice to both the Constitution and the nation in Trump v. Anderson.
In a stunning disfigurement of the Fourteenth Amendment, the Court impressed upon it an ahistorical misinterpretation that defies both its plain text and its original meaning. Despite disagreement within the Court that led to a 5–4 split among the justices over momentous but tangential issues that it had no need to reach in order to resolve the
Trump Is Constitutionally Prohibited From the Presidency
As students of the United States Constitution for many decades—one of us as a U.S. Court of Appeals judge, the other as a professor of constitutional law, and both as constitutional advocates, scholars, and practitioners—we long ago came to the conclusion that the Fourteenth Amendment, the amendment ratified in 1868 that represents our nation’s second founding and a new birth of freedom, contains within it a protection against the dissolution of the republic by a treasonous president.
This protection,
Moore v. Harper Can Help Republicans Rewrite Election Law
Every American child in public school learns that the U.S. political system is one of checks and balances, in which the judicial, executive, and legislative branches constrain one another to ensure that no one branch of government exercises too much power. One pending case before the Supreme Court asks: What if they didn’t?
In Moore v. Harper, North Carolina Republicans are arguing that no other state body, including the state supreme court, has the power to restrict the legislature’s
Gavin Newsom’s Case for a More Aggressive Democratic Party
On May 4, two days after Politico rocked Washington by revealing the draft of a Supreme Court decision to overturn the constitutional right to abortion, California Governor Gavin Newsom delivered remarks at a Los Angeles Planned Parenthood office—and triggered a small earthquake of his own.
Newsom pledged that, however the Court ruled, California would ensure legal access to abortion. But it was something else he said that really stood out: Republican-controlled states are moving not only to restrict or