Jesse Choper and Daniel Farber Scoff at Lawsuit Citing Ineligibility Clause to Block Clinton Appointment

The Washington Times, Dec. 3, 2008 by Christina Bellantoni
http://washingtontimes.com/news/2008/dec/03/clinton-challenged-in-key-cabinet-role/print/

“The courts would decline to hear that lawsuit on the grounds that this is a matter to be resolved in a political process,” Mr. Choper said.

Dan Farber, another Berkeley constitutional law professor, said there was no conflict when Mr. Bush signed the order earlier this year. “The last thing he had in mind was that he could sway Clinton’s vote by promising her the position with higher pay, and any possible conflict is eliminated if she doesn’t actually get the higher salary,” he said.