Tomorrow, the Supreme Court docket will hear oral argument in Trump v. Anderson. Each Seth Barrett Tillman and I might be attending. At present, the New York Instances printed a profile of Seth, and his vital work that has led us to this second. The article is titled, “A Legal Outsider, an Offbeat Theory and the Fate of the 2024 Election.”
Right here is the introduction:
On the planet of American authorized scholarship, Seth Barrett Tillman is an outsider in additional methods than one. An affiliate professor at a college in Eire, he has put ahead uncommon interpretations of the which means of the U.S. Structure that for years have largely gone ignored — if not outright dismissed as crackpot.
However at 60, Professor Tillman is having fun with some degree of vindication. When the U.S. Supreme Court docket considers on Thursday whether or not former President Donald J. Trump is barred from Colorado’s main poll, a seemingly counterintuitive concept that Professor Tillman has championed for more than 15 years will take middle stage and will form the presidential election.
The Structure makes use of numerous phrases to confer with authorities officers or places of work. The traditional view is that all of them share the identical which means. However by his account, every is distinct — and that, crucially for the case earlier than the courtroom, the actual phrase “officer of america” refers solely to appointed positions, not the presidency.
If a majority of the courtroom accepts Professor Tillman’s rationale, then Mr. Trump can be allowed to look on the poll. At subject is the which means of Section 3 of the 14th Amendment, adopted after the Civil Conflict, which bars folks from holding workplace in the event that they participated in an rebel after having sworn to uphold the Structure as an “officer of america.”
Professor Tillman, closely bearded with black-rimmed glasses and a bookish demeanor, flew to america this week to look at the arguments. With Josh Blackman, who teaches at South Texas School of Regulation Houston, Professor Tillman submitted a friend-of-the-court brief and asked to participate in arguments, however the court declined.
The article quotes, amongst others, Akhil Amar, Mike Luttig, and Will Baude. I believe Charlie Savage of the Instances actually captured Seth’s essence. It has been the consideration of a lifetime to work so intently with Seth. I’ve discovered extra from him than anybody else.
We’ll see what tomorrow brings.
