Eugene has a publish on immediately’s choice by the Fourth Circuit (per Choose Heytens) on Rep. Madison Cawthorn’s problem to the disqualification litigation. I wished to focus on one level. After giving an in depth textual learn to the 1872 Amnesty Act, and concluding that it doesn’t present a blanket future amnesty to all insurrectionists, Choose Heytens turns to historic context. And the context to which he appeals, although he would not use the phrase, is manifestly the mischief. The related pages of the opinion are 24-26, and here is a quote:
the accessible proof means that the Congress that enacted the 1872 Amnesty Act was, understandably, laser-focused on the then-pressing issues posed by the hordes of former Confederates in search of forgiveness. See Gerard N. Magliocca, Amnesty and Part Three of the Fourteenth Modification, 36 Const. Remark. 87, 111-21 (2021).
If you wish to learn extra concerning the mischief rule, there’s an article on that.