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Articles by Matthews Professor
The Supreme Court’s Blocking Strategy
There seems no end to the ethical questions surrounding the behavior of several Supreme Court justices, what with the endless stories of undisclosed swanky vacations and gifts, but the most shameful lapses aren’t personal, they’re institutional. Recall that Donald Trump has been charged with multiple felonies for attempting to overthrow the government.
Reviving an Unenforced Amendment
Sometimes a potentially seismic shift in the law is masked by opaque and technical legalese. So it was last week, when a federal court of appeals in Washington struggled to decide whether a nongovernmental organization that seeks to improve democratic elections was sufficiently injured—making it eligible for so-called standing to sue—to have its day in court to enforce a never-used provision of the Constitution.
Beating the Clock
When a three-judge panel of the D.C. Court of Appeals unanimously denied former President Donald Trump’s outlandish claim of absolute immunity from criminal prosecution, it put procedures in place that forced Trump to go immediately to the Supreme Court. In short, the judges recognized that regardless of the ultimate outcome, Trump could derail the case against him with a successful strategy of delay. Because the immunity case was under review, the original trial date had been set aside.
After Section 3 Comes Section 2
Attention in recent days has been paid to the Colorado Supreme Court’s ruling that Donald Trump can be barred from the presidential ballot for participating in an insurrection as ordered by Section 3 of the 14th Amendment. Maine’s secretary of state has also ruled Trump out. But under the radar, a separate case involving that amendment has been working through the courts, which would be just as impactful for the outcome of the 2024 elections.
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