Wednesday, February 24, 2021

The Law that Can Bring Down the Capitol Attackers | Washington Monthly

The Law that Can Bring Down the Capitol Attackers | Washington Monthly
The variously named Ku Klux Klan Act of 1871 (see also  Enforcement Act of 1871, 42 USC 1983,  1985, 1986 etc) is not hobble dthe way other Fourteenth Amendment Enforcement Act cases are by the "state action" requirement.  Conspiracy to deprive someone of rights or to obstruct a governmental function establish the cause of action.  Congressman Ben Thompson has filed such a claim against Donald Trump , rudy Giuliani, the Proud Boys and the Oath Keepers.  What does 42 USC 1985 require? See Prof. Garrett Epps, above.  For scholarly backup see: Primus, Richard and Kistler, Cameron, The Support-or-Advocacy Clauses (March 2, 2020). Fordham Law Review, Forthcoming, U of Michigan Public Law Research Paper No. 666, Available at SSRN: https://ssrn.com/abstract=3547579

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