Not Quite Schrödinger’s Cat—At least not yet

 

My amicus briefs and publications (including co-authored publications) are on both sides of the parallel federal and state Trump election-law-related litigation in: People of the State of New York v. Donald J. Trump, No. 24-2299-cv (2d Cir. Nov. 6, 2025), Doc. No. 104.1, 2025 WL 3096170 (per curiam) (ordering remand); People of the State of New York v. Donald J. Trump, Indictment No. 71543-23, 86 Misc. 3d 810, 224 N.Y.S.3d 832 (N.Y. Sup. Ct. Dec. 16, 2024) (Merchan, J.), appeal filed, App. No. 2025-00648 (N.Y. App. Div. 1st Dept. notice of appeal filed: Jan. 31, 2025) (briefing ongoing). 

Supports Trump’s Appeal In New York State’s intermediate appellate court: 

Brief of Professor Seth Barrett Tillman and Landmark Legal Foundation as Amici Curiae in Support of Defendant-Appellant Donald J. Trump, People of the State of New York v. President Donald J. Trump, App. No. 2025-00648 (N.Y. App. Div. 1st Dept. Oct. 29, 2025) (filed by Robert W. Ray, Esq., of Sterlington PLLC, and J. Andrew Salemme, Esq., of Tucker Arensberg, P.C.), Doc. No. 72, 2025 WL 3028790, <https://ssrn.com/abstract=5652010> (making the argument that Trump’s jury-unanimity rights were violated by Judge Merchan’s jury instructions). 

Seth Barrett Tillman, ‘The Right to a Unanimous Verdict and the Jury Instructions in People v. Trump,’ Just Security (June 10, 2024), <https://www.justsecurity.org/96654/trump-unanimous-verdict/>, <https://ssrn.com/abstract=4850079>. 

Opposes Trump’s Removal of State Prosecution into the Federal Courts: 

Josh Blackman & Seth Barrett Tillman, ‘Why the Manhattan DA’s Trump Case Cannot Be Removed to Federal Court,’ Lawfare: Hard National Security Choices (May 18, 2023, 8:14 AM), <https://www.lawfaremedia.org/article/why-the-manhattan-da-trump-case-cannot-be-removed-to-federal-court> (arguing that the President of the United States is not an “officer of the United States” as that phrase is used in the federal removal statute). 

Josh Blackman & Seth Barrett Tillman, ‘New York District Attorney Bragg Argues That President Trump Was Not An “Officer Of The United States”,’ Reason—Volokh Conspiracy (May 31, 2022, 3:23 PM), <https://tinyurl.com/yv8kybyu> (arguing that the President of the United States is not an “officer of the United States” as that phrase is used in the federal removal statute). 

Josh Blackman & Seth Barrett Tillman, ‘New In Lawfare: “Why the Manhattan DA’s Trump Case Cannot Be Removed to Federal Court”,’ Reason—Volokh Conspiracy (May 18, 2022, 9:43 AM), <https://tinyurl.com/3wkxmj22> (arguing that the President of the United States is not an “officer of the United States” as that phrase is used in the federal removal statute). 

Seth Barrett Tillman, ‘Not Quite Schrödinger’s Cat—At least not yet,’ New Reform Club (Nov. 7, 2025, 2:35 AM), <https://reformclub.blogspot.com/2025/11/not-quite-schrodingers-catat-least-not.html>;