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Was this a joke too? In your CREW v. Trump brief: "As holders of an office “of trust” under the United States, electors would also be subject to the clause." Or did you mean that? page 17, note 59.
Congressional Research Service: “The truth of the matter is that the electors are not ‘officers’ at all ....” (citing U.S. v. Hartwell (1868)), https://www.congress.gov/content/conan/pdf/GPO-CONAN-2017-9-3.pdf …
“Electors are—by definition—neither (1) ‘Senator[s] or Representative[s],’ nor (2) ‘Person[s] holding an Office of Trust or Profit under the United States.’” Vasan Kesavan, The Very Faithless Elector?, 104 W. Va. L. Rev. 123, 129 (2001), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=607121 ….
This is all very interesting. Thank you. We deeply respect your scholarship and look forward to discussing your critiques as we work on future briefs and scholarship.
That's not exactly publicly reaffirming the correctness of your submission to the SDNY court. If you stand by your statement, that's fine. But if you do not, if it is plainly inconsistent with Hartwell, binding Supreme Ct precedent, then don't you think you should do something?
We’re grateful for your continued engagement on this, and I’m sure it will be on our docket as we continue to work on future briefs etc.
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