State

Trump Administration and Legal Battle Over National Guard Deployment in Illinois

by

The deployment of the National Guard by the Trump administration has sparked a significant legal confrontation with state officials in Illinois and the city of Chicago. This conflict centers around the interpretation of federal law regarding the president’s authority to call upon the National Guard, particularly in situations where he believes he cannot rely on regular military forces to enforce federal laws. As the situation unfolds, both sides have presented their arguments to the Supreme Court, raising critical questions about the limits of executive power and the role of state authority in federal matters. Context … Read more

Supreme Court Declines to Hear Case on Constitutionality of Same-Sex Marriage

by

The recent decision by the Supreme Court to decline a request for reconsideration of its 2015 ruling on same-sex marriage has significant implications for the ongoing debate surrounding LGBTQ+ rights in the United States. This decision stemmed from a case involving Kim Davis, a former county clerk in Kentucky, who had previously refused to issue marriage licenses to same-sex couples. The refusal led to legal challenges that ultimately questioned the constitutional basis for same-sex marriage. Background of the Case The controversy began after the landmark Supreme Court decision in Obergefell v. Hodges, which established a … Read more

State Enforcement of Section Three Disqualification: What McConnell Gets Right on Trump v. Anderson and Why He’s Still Wrong

by

The ongoing legal debates surrounding Section Three of the Fourteenth Amendment have sparked significant discourse among legal scholars and practitioners. In particular, Professor Michael McConnell’s analysis of the Supreme Court’s ruling in Trump v. Anderson has prompted a critical examination of the implications for state enforcement of disqualifications from federal office. While McConnell raises pertinent points regarding the Court’s reasoning and the historical context of the Fourteenth Amendment, his conclusions invite further scrutiny and challenge the broader understanding of state versus federal authority in this domain. McConnell’s Analysis of the Court’s Decision McConnell’s critique of … Read more

State Enforcement of Section Three Disqualification: What McConnell Gets Right on Trump v. Anderson and Why He’s Still Wrong

by

The debate surrounding the enforcement of Section Three of the Fourteenth Amendment has gained renewed attention following the Supreme Court’s decision in Trump v. Anderson. This case has significant implications for how states can enforce disqualifications from holding federal office. Leading legal scholars, including Professor Michael McConnell, have offered various interpretations of the ruling, examining both its textual and historical bases. While McConnell raises valid points regarding the Court’s reasoning, his conclusions about the broader implications of the ruling warrant further scrutiny. Understanding McConnell’s Perspective Professor McConnell’s analysis of the Court’s decision highlights several critical … Read more