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Saturday, January 07, 2023

Section Three Hibernation

A Speaker was finally elected this morning. When the Speaker swore in the members-elect, no challenges were made as to their qualifications. After 1AM is not an ideal time to drag out the proceedings, I suppose.

In any event, the result is that we will not see any further formal action regarding Section Three of the Fourteenth Amendment until the Fall. At some point, there will be a filing deadline for a state presidential primary in which a judicial challenge can be made to a candidate's eligibility or where some election official has the authority to make the initial determination. I don't know which state will meet those criteria first or when.

Thus, my plan is to begin a Section Three blogging moratorium today. I'll concentrate instead on the usual stuff (what the Supreme Court is up to) and on the book that I'm now writing on Justice Jackson's concurrence in Youngstown. Indeed, I'll have another post up on that later today or tomorrow.


Posted by Gerard Magliocca on January 7, 2023 at 08:01 AM | Permalink


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