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24 Mar 2025, 12:52 pm
One of the greatest honors of my career has been receiving the inaugural 2022 Edwin Meese III Originalism Award. [read post]
2 Dec 2014, 4:58 am
There is a young law professor, who I happen to personally like very much, Josh Blackman. [read post]
12 Feb 2024, 3:32 am
Whether that creates an expectation, as Josh Blackman asserts, isn’t all that clear. [read post]
11 May 2017, 4:27 am
Josh Blackman replied, This rabbit hole goes down very, very far. [read post]
21 Mar 2016, 3:44 am
Coverage comes from Mark Walsh of Education Week, with commentary from Kenneth Jost, who at Jost on Justice discusses an amicus brief in the case which argues that “a ruling for the religious groups also could undermine state laws protecting the right of terminally ill patients to reject extraordinary life-sustaining measures”; from Greg Lipper, who argues at Bill of Health Blog that “the science underlying the plaintiffs’ arguments that the government requires… [read post]
31 Mar 2011, 10:15 pm
We lie to protect our privacy” [Josh Blackman] District Court Upholds Stolen Valor Act Against First Amendment Challenge [Volokh Conspiracy]Earlier: A Movie Recommendation from Chief Judge Kozinski [read post]
9 Aug 2023, 2:44 pm
" Josh Blackman agrees, and predicts future GOP administrations will try to prosecute Democratic politicians. [read post]
6 Jul 2010, 7:39 am
Ilya Shapiro and Josh Blackman opine in the Detroit News that Justice Thomas’ concurrence in the case—the “decisive fifth vote”—has “pav[ed] the way for [Court’s future use of] the Privileges or Immunities Clause [of the Fourteenth Amendment]. [read post]
23 Jun 2011, 1:33 pm
(Thanks to several VC readers for alerting me to this, and especially to Josh Blackman for saving me the effort of finding all the Lochner references myself).Here’s Breyer:[1] “To apply a ‘heightened’ standard of review in such cases as a matter of course would risk what then-Justice Rehnquist, dissenting in Central Hudson, described as a ‘retur[n] to the bygone era of Lochner v. [read post]
15 Nov 2009, 9:47 pm
Recent law-school grad and self-described "big Supreme Court nerd" Josh Blackman created the site so that Groupies like you -- like us, dear readers -- can "play like the Tenth Justice. [read post]
12 Feb 2018, 3:46 pm
There will be a brief break around 10:30Panelists: Josh Blackman, Erwin Chemerinsky, Richard Fallon, Mark Graber, Gary Jacobsohn, Sanford Levinson, Mark Tushnet Present by video: Sam Bray, Noah FeldmanChair: Richard AlbertLocation: Sheffield-Massey Room, with overflow in TNH 2.1381:45-2:00 Introduction to the general topic of civic education (and the remaining panels): Meira Levinson2:00 – 3:30 Historical Perspectives. [read post]
21 Feb 2018, 6:39 pm
I have not previously evaluated this footnote at length, although I did locate this commentary by Josh Blackman expressing confusing over the footnote and whether it is consistent with the Court's jurisprudence.The footnote does not seem correct to me, as it would wreak havoc on equal protection law if it were the law. [read post]
21 Feb 2018, 6:39 pm
I have not previously evaluated this footnote at length, although I did locate this commentary by Josh Blackman expressing confusing over the footnote and whether it is consistent with the Court's jurisprudence.The footnote does not seem correct to me, as it would wreak havoc on equal protection law if it were the law. [read post]
23 Jun 2016, 1:14 pm
Indeed, as Josh Blackman recently noted, there has never been any convincing originalist rebuttal to the fact that the Framers of the Fourteenth Amendment were the originators of affirmative action. [read post]
31 Aug 2018, 5:33 pm
(Hat tip: Josh Blackman) [read post]
26 Jul 2024, 6:00 am
” For an argument to this effect see Josh Blackman & Seth Barrett Tillman, Sweeping and Forcing the President into Section 3, 28 Tex. [read post]
15 Feb 2020, 10:06 am
(Of course, Josh Blackman and Seth Tillman have provided legal analyses that the Emoluments Clause simply doesn't apply to the President at all, an argument I'm certainly not persuaded by, though I don't regard it as "frivolous" in a way, say, that is true of Alan Dershowitz's argument about Trump's ability to do anything and everything he thinks benefits his election prospects.) [read post]
12 Feb 2018, 3:46 pm
There will be a brief break around 10:30Panelists: Josh Blackman, Erwin Chemerinsky, Richard Fallon, Mark Graber, Gary Jacobsohn, Sanford Levinson, Mark Tushnet Present by video: Sam Bray, Noah FeldmanChair: Richard AlbertLocation: Sheffield-Massey Room, with overflow in TNH 2.1381:45-2:00 Introduction to the general topic of civic education (and the remaining panels): Meira Levinson2:00 – 3:30 Historical Perspectives. [read post]
15 Jan 2018, 10:00 am
(UPDATE: Professor Josh Blackman today posted his own helpful and thoughtful guidelines.)For me, though, it's time to cut a lot of my use of Twitter. [read post]
22 Apr 2022, 4:23 pm
Josh Blackman and Seth Barrett Tillman maintain that the persons responsible for the Fourteenth Amendment thought that only Congress could implement Section 3 (“Only the Feds Could Disqualify Madison Cawthorn and Majorie Taylor Greene,” New York Times, April 20, 2022). [read post]