Brandon Hasbrouck Publishes “Insurrection and Black Political Participation” in the California Law Review The article explores the Supreme Court's jurisprudence in relation to the Fourteenth Amendment.

By Law Communications
February 10, 2025

Washington and Lee law professor Brandon Hasbrouck has published an article in the California Law Review Online. The article, “Insurrection and Black Political Participation,” explores the U.S. Supreme Court decision in Trump v. Anderson and it’s relationship to the Fourteenth Amendment and Black political participation.

“This Essay proceeds in three parts. Part I addresses the historical context of the Fourteenth Amendment. It examines the Amendment’s rights and structural and congressional power provisions as a coherent whole to illustrate their interrelatedness. Part II briefly addresses the legal flaws in the Supreme Court’s ruling in Trump v. Anderson, which have already been covered in great detail elsewhere. Part III places this flawed opinion within a pattern of Supreme Court jurisprudence that undermines the Constitution’s protections for Black political power. That pattern runs contrary to the clear intention and plain meaning of the Reconstruction Amendments and their abolitionist drafters,” writes Hasbrouck.

The full article is available on the California Law Review website.

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