M. Henry Ishitani (Yale Law School; Yale University – Department of History; University of Tulsa College of Law) has posted The Fourteenth Amendment is Not a Bill of Attainder: Uncovering the Fundamental Contradictions in Chief JusticeChase’s Argument That Section Three Is Not Self-Executing on SSRN. Here is the abstract:
This Essay brings new historical evidence to bear questioning the reliability of Griffin’s Case as a precedent for Donald Trump’s argument in Trump v. Anderson that Section Three disqualification does not execute without prior Congressional implementation. Chief Justice’s position in Griffin flatly contradicts his characterization of disqualification throughout the 1866-70 Test Oath Cases. Instead, Chase’s personal correspondence suggests that he believed that only the removal of state officers already sitting in 1868 required prior Congressional authorization.