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This is simply a terrific idea. We study Quo Warranto in law school as being among the grab bag of extraordinary common law writs that may be issued by a court to compel or restrict actions by a public official. As a lawyer yourself, this is well known to you, but to augment your piece I would add the following.

There are five such writs: 1) Certiorari; 2) Mandamus; 3) Habeas Corpus; 4) Prohibition; and 5) Quo Warranto. The first three are fairly commonplace, the fourth less so, but the rarest of the five is, by far, Quo Warranto. I have seen only two in my 35-year career, half of which was spent as a judicial lawyer.

In my state (Florida), by appellate rule, the writ is used to test the right of a person either to hold an office or franchise or to exercise some right or privilege. The ability of Trump to exercise the privilege of operating a corporation in violation of the constitution is the perfect use of this obscure common law writ.

Excellent piece. My money is on Schneiderman to pursue this remedy.

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