Brenda Wahler, Attorney at Law

05/08/2026

05/08/2026

The rule of law:

04/18/2026

A lot of people are talking about the 25th Amendment these days, but it is important to understand what it actually says. I’m putting on my ex-government teacher hat today and will try to explain it.

The first three sections deal with the death or acknowledged incapacity of the President. The part we are interested in today is Section 4, which reads as follows:

“Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.”

In short, section four is invoked by the Vice President and a majority of the 15 core members of the Cabinet. If this happens, the Vice-President becomes acting President, but the President remains in office until he is once again able to resume his duties.

Then, if the President claims not to be under a disability, then it takes 2/3 of BOTH the House and the Senate to keep him away from the desk—a higher standard than the 2/3 majority required for a Senate conviction following House impeachment (which only requires a majority vote.

Here a link to a short article with more info, written for non-lawyers:

The Twenty-fifth Amendment (Amendment XXV) to the United States Constitution addresses issues related to presidential succession and disability.

03/21/2026

Been quiet on the legal front lately, but you might see me on the lecture trail. Mylatest book, Marcus Daly’s Montana Empires, came out March 3. Follow me over at Brenda Wahler books for updates!

02/19/2026

Sheehy proposes an absolutely ridiculous idea. Judges have to follow the law whether they personally agree with a particular law or not. If they do not, the case is appealed and the decision might be reversed. That's the remedy. I have been in front of many judges, and sometimes I have known their personal views prior to their taking the bench. Yet once on the bench, I have seen pretty much every judge I know rule based on the law, not their personal opinions. If that means someone is released on bail, it's because we have the Eighth Amendment to the US Constitution. If someone "gets off" on a criminal case, it's because there was not evidence to convict beyond a reasonable doubt.

U.S. Sen. Tim Sheehy's proposal to let crime victims sue judges who release violent criminals on bail is unlikely to pass constitutional muster.

09/28/2025

YOU have a right to counsel. This is a critical right to uphold the freedoms we all cherish.

06/08/2025

The law.

Reminder that our Constitution guarantees due process to ALL persons — not just citizens — and enshrines habeas corpus as a fundamental right.

Either everyone has due process — or no one does.

06/01/2025

The ABA is fighting for the rule of law. Join us by donating today: https://ambar.org/lt8x61u3

06/01/2025

Happy Pride Month! Celebrate LGBTQ+ legal history by learning about these trailblazers: https://ambar.org/bzoxs17l

05/01/2025

Public tip: best not to hire firms who do things like this. Practice tip: don’t do this!
“The judge’s order prompted some amusement in legal circles after it was reported by The Volokh Conspiracy blog under the headline, “Exit the Dragon.” Another legal blog, Lowering the Bar, also picked up the story, and commented, “So many things people shouldn’t be doing, so little time.”

Dyane O’Leary, a professor of legal writing at Suffolk University in Boston, was among those taking note of the judge’s dim view of the dragon. She said that many lawyers had experimented with unusual typefaces, hyperlinks, photos and graphics in their filings, but typically in an effort to illustrate the substance of a case.

“This seems to have zero substantive purpose and is more, like the court said, decorative and silly,” Professor O’Leary said. “So I think that’s where the line gets drawn.”

Mr. Perrone, who has practiced law for 17 years, said he would not stop using the dragon, but would be more judicious about displaying it on legal filings.”

A lawyer said he had used the cartoon image of a dragon in a business suit as a logo for his firm, Dragon Lawyers, to symbolize “aggressive representation.”