Brief Submitted by Professor Seth Barrett Tillman as Amicus Curiae in Support of Defendant-Appellee Secretary of State Jocelyn Benson and in Support of Affirmance of the Court of Claims’ Order Denying Plaintiffs’ Prayer for Relief
Brief Submitted by Professor Seth Barrett Tillman as Amicus Curiae in Support of Defendant-Appellee Secretary of State Jocelyn Benson and in Support of Affirmance of the Court of Claims’ Order Denying Plaintiffs’ Prayer for Relief, Dkt Nos. 368615 & 368628 (Mich. Court of Appeals Dec. 6, 2023) (file
31 Pages Posted: 29 Dec 2023
Date Written: December 6, 2023
Abstract
LaBrant v Benson raises two pure legal issues or questions regarding Section 3 of the Fourteenth Amendment. They are:
Question 1: Whether the President is or is not an “Officer of the United States” for purposes of Section 3? (answer: the President is not an “Officer of the United States”); and,
Questions 2: Whether Section 3 is or is not self-executing? (answer: Section 3 is not self-executing).
If the answer to either Question 1 or Question 2 is no, then Plaintiffs-Appellants Robert LaBrant et al.’s lawsuit must be dismissed and the Michigan Court of Claims’ final order must be affirmed.
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