Exploring Blackman-Tillman’s Comprehensive Coverage of Section 3 and Insurrection: Articles, Presentations, Amicus Briefs, Commentary, and Blog Posts

This piece was co-authored by Professor Seth Barrett Tillman. After the 2020 Presidential Election, we anticipated an end to the debate regarding the Constitution’s “office”- and “officer”-language. However, the Emoluments Clauses litigation, which lasted for President Trump’s entire term, would be dismissed as moot. Nevertheless, January 6th changed matters. We both realized that Section 3 was now in play. We immediately began writing on the subject on January 7th, with the result being our first blog post in the early hours of January 8th. On January 20, we published our initial post arguing that Trump was not an “Officer of the United States” for Section 3’s purposes. The arguments in that post are largely consistent with the positions we have previously taken before the United States Supreme Court and with Trump’s counsel. On February 8, 2024, the Supreme Court of the United States will be hearing oral argument in Trump v. Anderson. In this piece, we will provide a compilation of our Section-3-related articles, presentations, briefs, etc. This compilation includes Law Review Articles, Presentations, Amicus Briefs, Commentary, and Blog Posts. Throughout the past three years, we have worked on a lot of the implications regarding January 6th.