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

See all articles by Seth Barrett Tillman

Seth Barrett Tillman

National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law

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.

Suggested Citation

Tillman, Seth Barrett, 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 (December 6, 2023). 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, Available at SSRN: https://ssrn.com/abstract=4655777

Seth Barrett Tillman (Contact Author)

National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law ( email )

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Maynooth, County Kildare
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(353) (0) 1474-7216 (Phone)

HOME PAGE: http://law.nuim.ie/staff/mr-seth-barrett-tillman

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