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28 Jul 2018, 4:53 am by Victoria Clark
Josh Blackman and Seth Barrett Tillman questioned whether Mueller is an “Officer” of the United States or an “Employee” of the United States in light of the Supreme Court’s recent decision in Lucia v. [read post]
24 Feb 2019, 4:16 am by Lev Sugarman
Josh Blackman outlined ways that Congress could improve the National Emergencies Act, the partial basis for Trump’s action. [read post]
13 Jan 2018, 3:51 am by Vanessa Sauter
Josh Blackman argued against the reasoning behind a federal court's decision to halt DACA’s reversal. [read post]
25 Jun 2010, 1:13 pm by admin
On Josh Blackman’s blog, Blackman focuses on Justice Scalia’s use of history in his concurrence in Doe v. [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]
11 Dec 2019, 4:27 am by SHG
Josh Blackman raises the specter of opening a Pandora’s box of impeaching a president whenever he’s hated and engages in mundane politics while in the otherwise banal execution of presidential prerogatives. [read post]
14 Feb 2014, 8:59 am
In the initial version of her opinion, as Josh Blackman pointed out, Judge Allen incorrectly stated that “Our Constitution declares that ‘all men’ are created equal. [read post]
10 Jul 2024, 3:59 am by SHG
As Josh Blackman argues, there is a difference between criminalizing conduct and criminalizing a status. [read post]
16 Sep 2024, 3:22 am by SHG
At Volokh Conspiracy, Josh Blackman, who has had a longstanding obsession with the workings of the Supreme Court, speculates about where these leaks are coming from and what they reveal about the inner workings of the Court. [read post]
5 Aug 2021, 7:52 am by Josh Blackman
Josh Gerstein writes at Politico: For now, it appears that role will fall primarily to the administration's top lawyer at the Supreme Court: Acting Solicitor General Elizabeth Prelogar. [read post]
2 Jun 2017, 8:25 am by Quinta Jurecic
Critiquing the IRAP decision in Lawfare, Josh Blackman has argued that the Fourth Circuit’s ruling is entirely an effort “to hold President Trump at bay. [read post]
23 Oct 2020, 9:05 pm by Peter Jacobs
In a recent article in Law and Contemporary Problems, Josh Blackman of the South Texas College of Law Houston details his years-long battle advocating the right to distribute design schematics for 3D-printed guns. [read post]
5 Dec 2022, 4:29 pm by Mark Walsh
The reserved Josh Blackman I know is probably embarrassed a little by all this attention to his brief. [read post]
20 May 2017, 5:23 am by Matthew Kahn
Josh Blackman argued that even if the government fails in the circuit courts, it may prevail at the Supreme Court. [read post]
21 Dec 2017, 9:41 am by Jordan Brunner
Bob Bauer analyzed the president’s removal power in response to Josh Blackman’s posts on Congress’s impeachment power and obstruction of justice charges against the president. [read post]
1 Apr 2024, 4:00 am by Michael C. Dorf
There you can find:(1) Josh Blackman arguing that "Clarke is rightly decided" and also contending (although its relevance is not immediately evident), that "the President is not an Officer of the United States;" (2) David Kopel explaining why, in his view, "the Fifth Circuit's Clarke opinion does not go nearly far enough because the Second Amendment properly understood protects a right to duel even outside the rules of the Code… [read post]
9 Feb 2024, 3:48 pm by Josh Blackman
The Tillman-Blackman Approach From the earliest days, Tillman and I recognized a way that would reconcile the state's power to regulate local officials and national officials. [read post]
11 May 2022, 6:20 am by Josh Blackman
Now, Josh Gerstein and Alexander Ward share a byline with Ryan Lizza, who is the Chief Washington correspondent. [read post]