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19 Feb 2020, 6:15 am by Steven D. Schwinn
Josh Blackman, arguing at WaPo, says yes, pointing to the Vesting Clause and early history; Donald Ayer, arguing in The Atlantic, suggests no, pointing to post-Watergate reforms that created independence at DOJ. [read post]
19 Feb 2020, 4:00 am by Josh Blackman
2/19/1942: President Roosevelt issues Executive Order 9066. [read post]
17 Feb 2020, 1:27 pm by Ilya Somin
Josh Blackman, a leading academic defender of the Trump v. [read post]
17 Feb 2020, 4:00 am by Josh Blackman
2/17/1801: House of Representatives breaks tie in Electoral College, and selects Thomas Jefferson as President. [read post]
15 Feb 2020, 10:06 am by Sandy Levinson
 (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]
11 Feb 2020, 11:16 am by Howard Bashman
“The ratification of the Equal Rights Amendment could lead to an Article V Constitutional Convention; If states cannot rescind their ratification proposals, then 2/3 of the states may have already voted to call an Article V Constitutional Convention for the Balanced Budget Amendment”: Josh Blackman has this post at “The Volokh Conspiracy. [read post]
11 Feb 2020, 10:52 am by Josh Blackman
[If states cannot rescind their ratification proposals, then 2/3 of the states may have already voted to call an Article V Constitutional Convention for the Balanced Budget Amendment] Currently, the courts are considering whether the Equal Rights Amendment has been ratified. [read post]
11 Feb 2020, 6:50 am by Howard Bashman
And at “The Volokh Conspiracy,” Josh Blackman has a post titled “Justice Ginsburg maintains her position that the deadline to ratify the Equal Rights Amendment has passed; Litigation concerning the ratification of the ERA is pending in federal court in Alabama, Massachusetts, and D.C. [read post]
10 Feb 2020, 8:03 pm by Howard Bashman
” And at “The Volokh Conspiracy,” Josh Blackman has a post titled “Judge Bumatay’s Originalist Eighth Amendment dissent from denial of rehearing en banc. [read post]
10 Feb 2020, 7:29 pm by Josh Blackman
[Litigation concerning the ratification of the ERA is pending in federal court in Alabama, Massachusetts, and D.C.] [read post]
10 Feb 2020, 5:08 pm by Josh Blackman
[The suit alleges violations of the Dormant Commerce Clause, the Privileges and Immunities Clause, and the Equal Protection Clause] Today, Texas Attorney General Ken Paxton filed a suit against California in the Supreme Court's original jurisdiction. [read post]
10 Feb 2020, 4:11 pm by Josh Blackman
[Now published in the NYU Journal of Law & Liberty] The NYU Journal of Law & Liberty has published the final version of my new article, "Originalism and Stare Decisis in the Lower Courts. [read post]
10 Feb 2020, 3:36 pm by Josh Blackman
["The Eighth Amendment’s history and original understanding are of vital importance to this case. [read post]