Below is my column in Hill on the recent push to ban former President Donald Trump under the 14th Amendment in a no-confidence resolution. Various commentators and groups have called for dozens of Republican politicians to be expelled from office in the same way, including guidance on “disqualifying insurgents and rebels” under the 14th Amendment. … Read more
Josh Blackman and Seth Tillman belatedly acknowledge the longstanding case law of the Supreme Court on freedom of speech for government employees in their latest post on impeachment and first amendment. As pointed out by numerous critics of their previous offices (e.g. Jonathan Adler, Andrew Koppelman, and I), the First Amendment does not protect senior … Read more
Posted January 15, 2021 at 1:41 pm by Andrew Hamm This week we’re highlighting certification filings that require the Supreme Court to examine, among other things, whether Facebook plug-ins violate the wiretapping law and whether the second amendment protects an individual’s right to use firearms outside the home or following a conviction for a nonviolent … Read more
Below is my USA Today column on the call to use the 25th Amendment to “remove” President Donald Trump. For threshold reasons, the 25th amendment does not “remove” a president, but instead shifts his powers to the vice-president. The only way to remove a president from office is by impeachment. In the 25th amendment, the … Read more
MIAMI – Following the siege of the U.S. Capitol, President Donald Trump was permanently banned from Twitter and blocked on several other social media sites. Alternative sites like Parler will also be closed, but legal experts say social media bans won’t break the first change. “It may be unwise to exclude some people from these … Read more
In an interesting recent post, co-bloggers Josh Blackman and Seth Barrett Tillman argue that President Trump cannot be tried and convicted of his role in sparking the riot in the Capitol, for participating in a speech protected by the First Amendment involved. Your argument is clever, but fundamentally wrong. And for a very simple reason: … Read more
Rumor has it that President Trump’s cabinet may be referring to Section 4 of the 25th Amendment. JUST IN: “This is not news that we give lightly,” @margbrennan said when reporting: Trump cabinet secretaries are discussing appeal to the 25th amendment to remove President Trump. Nothing formal has yet been submitted to VP Pence. “I … Read more
Back in July we wrote about the doctrine of equivalence (DOE) in bio / pharmaceutical cases in general and the ongoing DOE saga in Lilly’s ALIMTA® Litigation specifically. Last week the Federal Circuit wrote a new chapter and issued a non-priority decision in the Eli Lilly and Company v Apotex, Inc. case. Didn’t it all … Read more
A lawyer who had filed several legal challenges to overturn Donald Trump’s loss of the election appeared to be referring to firearms and ammunition when he told his supporters to stock up on “supplies after the second amendment.” “It is better to play it safe than to play it safe,” Mr. Lin tweeted Monday before … Read more
The Third Circle issued a statement that received little attention on the right to bear arms, but it should. The Folajtar v. United States Attorney General ruling is possibly one of the most tailored cases for major Supreme Court decisions. In fact, the only thing missing from the 2-1 decision is a shipping label sent … Read more