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18 May 2021, 4:01 pm
[Know who wasn't on the OG list? [read post]
5 Aug 2020, 12:57 pm
[Justice Gorsuch's majority opinion may have promoted textualism, but it did not recognize a departure from Stare Decisis.] [read post]
17 Aug 2020, 11:57 am
This semester, I will be posting my YouTube class lectures. [read post]
8 Oct 2020, 7:48 am
[The Court selected a replacement for the Fifth Circuit twelve days after Justice Scalia died.] [read post]
1 Nov 2020, 4:57 pm
[Option #1: Count the votes. [read post]
18 Dec 2019, 5:41 pm
["The evidentiary basis for this injury is even stronger than it was in NFIB. [read post]
26 Apr 2022, 10:43 pm
[I'm having flashbacks to NFIB and Bostock. [read post]
12 Jul 2021, 5:30 am
[If, and when there is an outburst, the Court can put the broadcast on hold until order is restored.] [read post]
4 Nov 2019, 4:02 am
[Resolutions to approve the acceptance of foreign gifts and emoluments must be presented to the President] [This post is co-authored with Professor Seth Barrett Tillman] The Foreign Emoluments Clause provides that "[N]o Person holding any Office of Profit or Trust under [the United States], shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. [read post]
10 Feb 2020, 7:29 pm
[Litigation concerning the ratification of the ERA is pending in federal court in Alabama, Massachusetts, and D.C.] [read post]
7 Apr 2020, 5:30 am
[21 High School teams from across the country presented oral arguments in Espinoza v. [read post]
13 Feb 2021, 2:28 pm
Politico invited me to contribute to a symposium on what President Trump's acquittal means. [read post]
29 Jun 2021, 2:55 pm
[The Acting SG relies on Justice Kavanaugh's footnote in Barton v. [read post]
4 Aug 2022, 12:15 pm
Can an active federal judge serve on a committee with the power to nominate another federal judge over the President's objection? [read post]
3 Sep 2019, 3:53 pm
[Reporter Ben Penn failed to detect obvious sarcasm, and made a blatantly false statement about Leif Olson's career] I have known Leif Olson since I moved to Houston in 2012. [read post]
22 Jun 2020, 9:33 am
[Justice Thomas again rejects substantive due process incorporation] Today the Supreme Court denied review in Kansas v. [read post]
3 Oct 2019, 7:05 pm
[Frank Bednarz and Ted Frank submitted a FOIA Request to DOL for messages from Bloomberg Law's Ben Penn] I have blogged twice before about Ben Penn's false and misleading article for Bloomberg Law about my colleague, Leif Olson. [read post]
[Josh Blackman] The Reconstruction Amendments: The Essential Documents, Volumes 1 and 2 by Kurt Lash
14 Apr 2021, 5:01 am
[Now available in Print and on Kindle] My good friend Kurt Lash has published The Reconstruction Amendments: The Essential Documents, Volumes 1 and 2. [read post]
3 May 2021, 1:00 pm
[Relive the glory days of Above the Law excellence for only $50/year.] [read post]
7 Nov 2021, 10:52 am
["Feldman contends that [Jefferson] Davis was right and Lincoln was wrong. [read post]
