Federalist Society Bans Trump from Ballot

@OmarRiverosays
BREAKING: Donald Trump is hit with a brutal Friday bombshell as lawyers from the prominent conservative Federalist Society publish a paper declaring that Trump MUST be banned from running for president “under Section 3 of the 14th Amendment.”

But it gets WAY worse for Trump…

In their brutal paper, the Federalist Society accuses Trump of treason for “engaging in or gave aid and comfort to an insurrection against the constitutional government” when he incited the deadly January 6 insurrection as part of his failed coup attempt.

Adding insult to injury for Trump, the Federalist Society argues that Section 3 of the 14th Amendment — known as the insurrection clause — is “self-executing, operating as an immediate disqualification from office, without the need for additional action by Congress. It can and should be enforced by every official, state or federal, who judges qualifications. It covers a broad range of former offices, including the presidency. And in particular, it disqualifies former President Donald Trump, and potentially many others, because of their participation in the attempted overthrow of the 2020 presidential election.”

The clause states that “no person shall be a senator or representative in Congress, or elector of president and vice president, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

Last September, a New Mexico judge ordered the removal of a county commissioner who took part in the January 6 attack on the U.S. Capitol. The decision marked the first time since 1869 that a court disqualified a public official under Section 3 of the 14th Amendment.

Now, it appears that it may be used against Trump — the mastermind who orchestrated the insurrection.

@NoahBookbinder
These conservative scholars are correct that Donald Trump is disqualified from office under the 14th Amendment for engaging in insurrection, and there does not need to be a criminal conviction to trigger that. We are prepared to enforce that provision.
https://www.commondreams.org/news/conservative-scholars-trump-disqualified

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@MetaLawMan SEC v. Coinbase, Big Update:
Six Securities Law Scholars File Devastating Amicus Brief in Support of @Coinbase

Law Professors from Yale, Univ. of Chicago, UCLA, Fordham, Boston University and Widener filed an amicus brief last night that Absolutely Shreds the SEC’s “investment contract” theory.

The amicus brief brilliantly traces the history of the meaning of “investment contract” before, during & after passage of the federal Securities Act in 1933.

Here are the Scholars’ conclusions:

1. “By 1933, the state courts had converged around a standard for interpreting the term ‘investment contract’ to mean a contractual arrangement that entitled an investor to a contractual share of the seller’s later income, profits, or assets.”

2. After the Howey decision in 1946, the “common thread [for investment contracts] remains . . . that an investor must be promised, by virtue of his or her investment, an ongoing contractual interest in the income, profits, or assets of the enterprise.”

3. “Every ‘Investment Contract’ identified by the Supreme Court Involves a contractual undertaking to grant a surviving stake in the enterprise.”
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Bottom line:

In my opinion, this Amicus Brief delivers the coup de grace to the SEC’s argument that crypto tokens trading on secondary markets are investment contracts.
https://storage.courtlistener.com/recap/gov.uscourts.nysd.599908/gov.uscourts.nysd.599908.59.0.pdf