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25 Apr 2024, 4:12 pm by Josh Blackman
Kavanaugh asked John Sauer, Trump's counsel, if "a clear statement in the statute covering the president" is required "if the president's official acts are going to be criminalized. [read post]
25 Apr 2024, 9:00 am by Josh Blackman
In 2004, Senator John Kerry was running for President, and there was a Republican Governor, Mitt Romney. [read post]
19 Mar 2024, 2:10 pm by Josh Blackman
In October 2021, Justice Barrett wrote her influential concurrence in John Does 1-3 v. [read post]
3 Mar 2024, 12:24 pm by Josh Blackman
[Professor Shugerman's argument that the 1793 Hamilton Document, that is, a list of "every person holding any civil office or employment under the United States, (except the judges)," was intended to ensure compliance with the Constitution's Sinecure Clause lacks support.] [read post]
23 Feb 2024, 8:22 am by Howard Bashman
“A Response to Professor John Mikhail on ‘Officers of the United States’ — Part II; The issues, arguments, and evidence raised by Mikhail have already been addressed by extant scholarship, including our scholarship; Mikhail’s arguments and evidence were not ‘ignored or overlooked’”: Josh Blackman and Seth Barrett Tillman have this post at “The Volokh Conspiracy. [read post]
22 Feb 2024, 2:04 pm by Josh Blackman
  This is the second part of our response to Professor John Mikhail's Balkinization post. [read post]
20 Feb 2024, 6:56 pm by Howard Bashman
“A Response to John Mikhail on ‘Officers of the United States’ — Part I; The issues, arguments, and evidence raised by Mikhail has already been addressed by our scholarship; This evidence was not ‘ignored or overlooked’”: Josh Blackman and Seth Barrett Tillman have this post at “The Volokh Conspiracy. [read post]
19 Feb 2024, 8:57 am by John Mikhail
Trump prioritized this argument in his briefs to the Court, drawing primarily on the scholarship of Seth Barrett Tillman and his co-author, Josh Blackman. [read post]
19 Feb 2024, 8:14 am by Josh Blackman
Blackman & Tillman, Sweeping and Forcing, at 442-43.We agree that Congress was responding to Griffin's Case, but we, unlike Baude and Paulsen, maintain Griffin's Case was rightly decided. [read post]
10 Feb 2024, 11:12 pm by Josh Blackman
And ten days later, on September 14, John Rutledge of South Carolina moved to strike out Congress's power to appoint the Treasurer. 2 Farrand's Records at 612, 614. [read post]
9 Feb 2024, 11:37 am by Josh Blackman
[Justice Jackson explained that an ambiguous text should be interpreted in favor of expanding democracy. [read post]
8 Feb 2024, 2:41 pm by Mark Walsh
Blackman has taken a seat in the bar section not far from reporters in the press section. [read post]