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13 Feb 2024, 5:55 am
[What does this notation mean?] [read post]
11 Dec 2024, 10:15 pm
On Wednesday, the en banc Fifth Circuit decided Environment Texas Citizen Lobby v. [read post]
25 Jun 2024, 9:26 am
[Trying to reconcile Chief Justice Roberts on the ACA and 922(g)(8).] [read post]
11 Jul 2024, 10:39 pm
[A guest post from Professor Rob Natelson] [I am pleased to pass along this guest post from Professor Rob Natelson, a leading originalist scholar whose work is frequently cited in Supreme Court opinions.] [read post]
10 Feb 2025, 9:56 pm
Shortly after President Trump removed NLRB Member Gywnne Wilcox, I wrote that the Supreme Court will not repudiate Humphrey's Executor. [read post]
31 Oct 2022, 11:40 pm
[My Justice-by-Justice breakdown.] [read post]
25 Mar 2022, 9:08 pm
[In Houston Community College v. [read post]
7 Mar 2023, 5:30 am
[If the Supreme Court upholds Pennsylvania's person jurisdiction statute, residents of East Palestine, Ohio can sue the railroad in Philadelphia.] [read post]
14 Nov 2024, 8:49 pm
Yesterday I wrote about my memorable experience at the 2008 FedSoc student leadership conference at Ted Olson's house. [read post]
2 Jun 2025, 7:45 am
["Additional petitions for certiorari will likely be before this Court shortly and, in my view, this Court should and presumably will address the AR–15 issue soon, in the next Term or two. [read post]
31 May 2025, 9:44 pm
[Do you really think Justices Thomas and Alito would prefer another Justice Barrett?] [read post]
1 Jun 2025, 8:46 am
[And that is the problem.] [read post]
16 Jun 2025, 8:50 am
[This case has been pending for nearly a decade, and has been remanded after both Fulton and Catholic Charities Bureau.] [read post]
4 Feb 2024, 1:01 pm
See Josh Blackman & Seth Barrett Tillman, Offices and Officers of the Constitution, Part II: The Four Approaches, 61 South Texas Law Review 321, 421 (2022) (concluding that the Speaker and Senate President Pro Tempore are "Officers" for purposes of the Succession Clause, and can succeed to the presidency.) [read post]
20 Apr 2016, 3:04 am
Commentary on the oral argument and the case comes from Dara Lind of Vox, Marielena Hincapie at The Huffington Post, Marshall Fitz at Medium, Shobha Wadhia at Immigration Prof Blog, Brianne Gorod at New Republic, Elizabeth Wydra and Josh Blackman in an episode for KCRW, and Dana Milbank in The Washington Post. [read post]
1 Jul 2010, 8:32 am
She discusses her work and the state of the death penalty in the US.Fourth: Josh Blackman (podcast). [read post]
1 Nov 2017, 4:44 am
For instance, Josh Blackman, a professor at South Texas College of Law, argued in National Review this month that opposition to the president’s policies had been “advanced” by federal judges “who abandoned their traditional role out of a fear that Donald Trump posed an existential threat to the republic. [read post]
14 Jun 2019, 4:18 am
“Rule 8.4(g) is well-intentioned, but it has the potential to suppress attorney speech on matters of public concern, if that speech may be viewed as ‘demeaning’ to others,” Josh Blackman, a professor of constitutional law at the South Texas College of Law in Houston, said in an email. [read post]
12 Nov 2019, 7:20 pm
” At “The Volokh Conspiracy,” Josh Blackman has a post titled “Instant reaction to DACA Case: At Least Five Votes that Rescission Not Reviewable; Given the six-month wind-down, the policy would remain intact until after the inauguration. [read post]
28 Jun 2010, 7:47 pm
The Volokh Conspiracy had two reviews of the decision while the New York Times and Ben Smith and, separately, Josh Gerstein and Abby Phillip from Politico discuss the effects of the decision in general, Jillian Scharr of NBC New York discusses the possible effects of the decision on New York City, and Josh Blackman looks at the future of the Privileges or Immunities Clause. [read post]