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Mark Joseph Stern
Conservative, originalist law professors Will Baude and Michael Stokes Paulsen have a new paper out arguing that Section 3 of the 14th Amendment disqualifies Donald Trump from holding public office and that "the case is not even close."
@LiberalLibrarian got a 404 at that link -- maybe it got popular. The site runs on ColdFusion(!) so it could have just blerfed,
@b4cks4w Huh, weird. I was able to get to it earlier.
@LiberalLibrarian Oh it's probably a
nosanitize
issue:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4532751
@LiberalLibrarian A tempting argument, but I don't buy it. Firstly, he hasn't been directly charged with insurrection (for the very good reason that it would be extremely hard to get a conviction on such a charge). Secondly, even if he were so charged, I can't imagine SCOTUS upholding a ban under the 14th amendment.