Law professor Lawrence Lessig here writes that the 14th amendment, section 3, does not apply to former President Donald Trump.  He argues that “insurrection” is different from protest, even illegal protest.

He could have also argued that section 3 cannot be used to prevent any voter from voting for anyone the voter wishes to vote for; that instead it only relates to who can be sworn into the office.  But he did not make that argument.

He advocates that Congress exercise the power given to it in section 3, to declare by a two-thirds vote that Donald Trump is not barred from the presidency.  Thanks to HowAppealing for the link.

On September 20, New York Governor Kathy Hochul signed A7690.  It moves the New York presidential primaries to April 2.  The bill has no effect on the primaries for other office, which are in June.

On September 19, the six Alabama Republican members of the U.S. House filed this amicus curiae brief in the U.S. Supreme Court in the redistricting case.  They, of course, want the U.S. Supreme Court to rule against the 3-judge U.S. District Court that ordered new districts.

Their brief claims that the 3-judge U.S. District Court plan amounts to a “partisan gerrymander”.  That is somewhat funny.  In 2022, the Republicans won 86% of the Alabama seats, even though they only got 70% of the popular vote cast for U.S. House in Alabama.  If the U.S. District Court plan had been in effect, they probably would have won 71% of the seats (five out of seven), which would be almost exactly in proportion to their popular vote.