September 08, 2023

Via Volokh Conspiracy, two video events on Trump and Section 3.

Prof. Alan Dershowitz (Harvard) vs. Prof. Tom Ginsburg (Chicago) on Whether Trump Is Disqualified Under ยง 3 of the 14th Amendment

(Thanks to Andrew Hyman for the pointer).

Conversation with Akhil Amar about Section Three of the Fourteenth Amendment (with WIll Baude and Michael Paulsen)

There's a lot of originalism in these debates and in commentary on the Section 3 issues generally.  It's worth noting that the nonoriginalist alternative is that judges decide whether Trump should be disqualified based on their intuitive assessment of what's best in light of modern needs and circumstances.

Posted at 6:07 AM