I was genuinely stunned by how thin and unpersuasive his analysis was here. It's not an attempt at original public meaning, but rather, very weak textualism that he overclaims.
He is a smart guy. What is he doing here?
I meant this as a reply agreeing w/ @jadler1969 on @judgeluttig's remarkably weak op-ed, arguing that impeachment will be invalid.
The textual argument is silly; thin textualism is less appropriate than originalism here; he offers no historical evidence. https://twitter.com/jadler1969/status/1349348091334455300?s=20
It just struck me that Luttig has an obvious problem with his argument:
ALL disqualification votes happen AFTER an officer has already been removed (by the first vote).
There is no such thing as disqualification of a *sitting* officer.
I suppose Luttig would say that his problem is not the disqualification vote, but with the Senate trial and removal of an already-out-of-office former officer. Fine.
But Adler's and Vladeck's points about sudden resignations preventing all disqualification still stand.
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