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Assessing the Federal Lawsuit Brought by Former Illinois Governor Rod Blagojevich to Challenge his Disqualification from Holding Future State Office

Illinois Law dean Vikram David Amar comments on a recent lawsuit by former Illinois governor Rod Blagojevich challenging the state legislature’s prohibition on his holding future state office. Dean Amar explains several reasons that the lawsuit is unlikely to succeed, including issues with the Eleventh Amendment, Article III standing, and justiciability. ....

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The Conservative Court | Dissent Magazine


Supreme Inequality: The Supreme Court’s Fifty-Year Battle for a More Unjust America
by Adam Cohen
Penguin Press, 2020, 448 pp.
In 1963, I started work at the American Civil Liberties Union. My assignment was to establish new affiliates of the organization in states such as Texas and Oklahoma and to upgrade the capacity of long-standing state affiliates, such as those in Michigan and Pennsylvania. It was a thrilling time to be engaged in those tasks. ACLU activities were regularly punctuated by victories for civil liberties at the U.S. Supreme Court, many of them in cases argued by the lawyers I was working with. Those wins included cases substantially expanding the rights of criminal defendants to be treated fairly by the police and the courts, striking down loyalty oaths required of public employees, ending the censorship of movies, overturning the prohibition on interracial marriage, barring state-enforced religious practices, expanding the right to protest, uph ....

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Yes, Trump Can Be Convicted by the Senate After January 20


Yes, Trump Can Be Convicted by the Senate After January 20
Donald Trump speaks in Alamo, Texas, on January 12, 2021.
MANDEL NGAN / AFP via Getty Images
By
Now that the House of Representatives has impeached Donald Trump for Incitement of Insurrection, he will stand trial in the Senate. In light of Majority Leader Mitch McConnell’s refusal to hold the trial before January 20, the question arises whether Trump can be tried after he leaves office. The answer is yes. Expect Trump’s legal team to argue that he cannot.
“The Constitution does not require that an impeachment trial be held while a person is in office,” Berkeley Law School Dean Erwin Chemerinsky told ....

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