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The Latest Breaking News from Seth Barrett Tillman

Offices and Officers of the Constitution, Part V: The Elector Incompatibility, Impeachment Disqualification, Foreign Emoluments, and Incompatibility Clauses

Everything you ever wanted to know about the Foreign Emoluments Clause.

Reason

Biden Office of Legal Counsel Departs From Obama-Era opinions, and Reverts to Reagan-Era Opinions, on the Difference Between "Officer of the United States" and "Office under the United States."

We think OLC paid close attention to the Section 3 litigation, and did not want to be left defending a position that might be rejected by the Supreme Court

Reason

Guest Post from Professor Tillman: Professor Shugerman (et al) vs. Professor Prakash (et al)

I am happy to publish this guest post from my frequent co-author Seth Barrett Tillman, which is cross-posted at Seth's… The post Guest Post from Professor Tillman: Professor Shugerman (et al) vs. Professor Prakash (et al) appeared first on Reason.com.

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

Constitutional Questions in South Korea (Updated)

The opposition is trying to impeach the Acting President for insurrection, who claims he lacks the power to make appointment to constitutional court, which may not have enough members to remove the impeached President.

Reason

"Brazenly Partisan" Judge Wynn Withdraws Senior Status Because Trump

Will Judge Stranch be the next "Obama Judge" to show her true blue colors?

Reason

Keep Calm About The Adjournment Clause and Read Tillman

Always proceed with caution when interpreting untested provisions of the Constitution in times of controversy.

Reason

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When Did The Supreme Court Come Out "The Other Way Than Every Court of Appeals"?

Not in INS v. Chadha. Yes in Brown v. Board of Education.

Reason

New Eleventh Circuit Amicus Brief In Special Counsel Appeal

"The District Court correctly dismissed the indictment. Amici advance four rationales to support the judgment below."

Reason

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

Biskupic's Second Installment on Trump Immunity

We learn very little new: Roberts made no efforts to appeal to the left, as he sought to reclaim his Court.

Reason

New in Harvard JLPP Per Curiam: What We Did and Did Not Argue in United States v. Trump

Seth Barrett TIllman and I write about our experience in Judge Cannon's court, before the decision yesterday.

Reason

Justice Sotomayor Would Deny Immunity For Abuses of Power, Corrupt Purposes, and Personal Gain

Justice Sotomayor's rhetoric in Trump v. United States mirrors the claims from Trump impeachment 1.0

Reason

Justice Thomas Explains Why The President, Vice President, Speaker and Senate President Pro Tempore Cannot Be "Officers of the United States"

Justice Thomas demonstrates why Justice Scalia erred in his letter to Tillman.

Reason

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Reason

The President's Three Bodies After Trump v. United States

Official, Individual, and Personal.

Reason

What Does "Corruptly" Mean? The Justices Really Do Not Want To Tell Us

Fischer and Snyder both ducked this issue.

Reason

Oral Argument on the Constitutionality of the Special Counsel

On June 21, Judge Cannon will hold oral argument on the Appointments Clause challenge to Special Counsel Jack Smith's prosecution of Donald Trump. The Court granted leave for three amici to argue. I will be presenting argument on behalf of Professor Seth Barrett Tillman and the Landmark Legal Foundation. The…

Reason

Justice Thomas's Concurrence in Alexander v. SC NAACP

I think Justice Thomas is setting up to find that the Voting Rights Act is unconstitutional, at least with regard to redistricting.

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Reason

Presidential Bribery and the Clear Statement Rule in Trump v. United States: Revisiting Issues From The First Trump Impeachment and the Mueller Investigation

Questions from Chief Justice Roberts and Justices Kavanaugh and Gorsuch revisit unresolved issues from 2017-2020.

Reason

The Kentucky Legislature Removed The Governor's Power To Temporarily Appoint A Senator

Would the Governor's veto of the bill have even been effective?

Reason

Special Counsel Jack Smith Responds to Blackman-Tillman

No matter how you slice it, Smith cannot exercise the powers he purports to exercise.

Reason

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

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.

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