{"id":108477,"date":"2025-02-18T07:02:55","date_gmt":"2025-02-18T15:02:55","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/02\/18\/another-maga-judge-makes-shocking-legal-argument-hoping-to-catch-the-attention-of-donald-trump\/"},"modified":"2025-02-18T07:02:55","modified_gmt":"2025-02-18T15:02:55","slug":"another-maga-judge-makes-shocking-legal-argument-hoping-to-catch-the-attention-of-donald-trump","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/02\/18\/another-maga-judge-makes-shocking-legal-argument-hoping-to-catch-the-attention-of-donald-trump\/","title":{"rendered":"Another MAGA Judge Makes Shocking Legal Argument Hoping To Catch The Attention Of Donald Trump"},"content":{"rendered":"
\"\"
Judge Allison Eid (via U.S. Senate Judiciary Committee)<\/figcaption><\/figure>\n

It\u2019s easy to forget that Neil Gorsuch wasn\u2019t the only beneficiary of Mitch McConnell\u2019s plan to steal a Supreme Court seat. The Republican senator kept the seat vacated by Antonin Scalia\u2019s death open for over a year to prevent Barack Obama from appointing his successor, which led to Gorsuch taking over the mantle. But someone else benefitted \u2014 Allison H. Eid got Gorsuch\u2019s old seat<\/a> on the 10th Circuit when he moved to Washington, D.C., and it looks like she learned a lesson about how judicial politics really works.<\/p>\n

The 10th Circuit recently heard an appeal of a case brought by a plaintiff who sought to keep Donald Trump off the 2024 presidential ballot. The plaintiff lost at the trial court level, and Trump appeared on the ballot and wound up winning the election. The majority held<\/a>, inter alia<\/em>, that the plaintiff\u2019s claim is moot because Trump is serving his second term and the 22nd Amendment <\/a>means he won\u2019t be appearing on the presidential ballot again.<\/p>\n

But where\u2019s the self-serving attention in that? Incredulously, Judge Eid went out of her way to slam her colleagues for \u201copin[ing]\u201d on the 22nd Amendment, then called the question of a third Trump term in office a \u201cnovel and complex constitutional question.\u201d<\/p>\n

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Oh man I missed this but Gorsuch\u2019s successor on CA10 goes out of her way to dump on the panel majority\u2019s saying the 22nd Amendment forecloses Trump\u2019s running for third term https:\/\/t.co\/DLVZBdWQND<\/a> pic.twitter.com\/VqFSxlPU5h<\/a><\/p>\n

\u2014 Mike Sacks (@MikeSacksEsq) February 13, 2025<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

This is actually not a difficult or complicated legal question at all \u2014 the 22nd Amendment is pretty dang clear.<\/p>\n

Trump cannot, constitutionally, run for the presidency again. And with Donald Trump already making noise about a third term in office<\/a>, Eid\u2019s words don\u2019t read like that of a circumspect jurist. No, it *looks* like she\u2019s taking a page from James Ho\u2019s book<\/a> and letting Trump know just how useful she\u2019d be on the Supreme Court. Like Ho, Eid clerked<\/a> for Clarence Thomas and this short but effective concurrence may be enough to signal Eid has some interest in replacing her old boss on the Court.<\/p>\n<\/p>\n

\n

\"\"Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast<\/a>, and co-host of Thinking Like A Lawyer<\/a>. AtL tipsters are the best, so please connect with her. Feel free to email her<\/a> with any tips, questions, or comments and follow her on Twitter @Kathryn1<\/a>\u00a0or Mastodon @Kathryn1@mastodon.social.<\/a><\/em><\/strong><\/p>\n

The post Another MAGA Judge Makes Shocking Legal Argument Hoping To Catch The Attention Of Donald Trump<\/a> appeared first on Above the Law<\/a>.<\/p>\n

\"\"
Judge Allison Eid (via U.S. Senate Judiciary Committee)<\/figcaption><\/figure>\n

It\u2019s easy to forget that Neil Gorsuch wasn\u2019t the only beneficiary of Mitch McConnell\u2019s plan to steal a Supreme Court seat. The Republican senator kept the seat vacated by Antonin Scalia\u2019s death open for over a year to prevent Barack Obama from appointing his successor, which led to Gorsuch taking over the mantle. But someone else benefitted \u2014 Allison H. Eid got Gorsuch\u2019s old seat<\/a> on the 10th Circuit when he moved to Washington, D.C., and it looks like she learned a lesson about how judicial politics really works.<\/p>\n

The 10th Circuit recently heard an appeal of a case brought by a plaintiff who sought to keep Donald Trump off the 2024 presidential ballot. The plaintiff lost at the trial court level, and Trump appeared on the ballot and wound up winning the election. The majority held<\/a>, inter alia<\/em>, that the plaintiff\u2019s claim is moot because Trump is serving his second term and the 22nd Amendment <\/a>means he won\u2019t be appearing on the presidential ballot again.<\/p>\n

But where\u2019s the self-serving attention in that? Incredulously, Judge Eid went out of her way to slam her colleagues for \u201copin[ing]\u201d on the 22nd Amendment, then called the question of a third Trump term in office a \u201cnovel and complex constitutional question.\u201d<\/p>\n

This is actually not a difficult or complicated legal question at all \u2014 the 22nd Amendment is pretty dang clear.<\/p>\n

Trump cannot, constitutionally, run for the presidency again. And with Donald Trump already making noise about a third term in office<\/a>, Eid\u2019s words don\u2019t read like that of a circumspect jurist. No, it *looks* like she\u2019s taking a page from James Ho\u2019s book<\/a> and letting Trump know just how useful she\u2019d be on the Supreme Court. Like Ho, Eid clerked<\/a> for Clarence Thomas and this short but effective concurrence may be enough to signal Eid has some interest in replacing her old boss on the Court.<\/p>\n

\n

\"\"Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast<\/a>, and co-host of Thinking Like A Lawyer<\/a>. AtL tipsters are the best, so please connect with her. Feel free to email her<\/a> with any tips, questions, or comments and follow her on Twitter @Kathryn1<\/a>\u00a0or Mastodon @[email\u00a0protected].<\/a><\/em><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Judge Allison Eid (via U.S. Senate Judiciary Committee) It\u2019s easy to forget that Neil Gorsuch wasn\u2019t the only beneficiary of Mitch McConnell\u2019s plan to steal a Supreme Court seat. The Republican senator kept the seat vacated by Antonin Scalia\u2019s death open for over a year to prevent Barack Obama from appointing his successor, which led […]<\/p>\n","protected":false},"author":3,"featured_media":108432,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-108477","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2025\/02\/IMG_5243-1-scaled-e1623338814705-620x568-palkVq.jpeg?fit=620%2C568&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/108477","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=108477"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/108477\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/108432"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=108477"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=108477"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=108477"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}