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13 Sep 2021, 2:30 pm
[Justice Scalia would have written one helluva dissent. ] In 2005 and 2006, two vacancies arose on the Supreme Court. [read post]
16 Apr 2020, 4:30 am
[Congratulations to the top 8 teams] On the first Monday in October, the Harlan Institute and The Constitutional Sources Project (ConSource) announce the Seventh Annual Virtual Supreme Court Competition. [read post]
25 Sep 2020, 8:43 pm
[If reports are accurate, Justice Amy Coney Barrett may be the final 9th Justice] Politico Invited me to submit to a symposium on President Trump's reported decision to nominate Judge Amy Coney Barrett. [read post]
14 Jul 2022, 10:02 am
[Justice Gorsuch embraces Worcester v. [read post]
21 Apr 2021, 6:30 am
[I was able to find a source in five minutes that would have been impossible to search for in the past. ] Last week I heartily endorsed Kurt Lash's new two-volume set on the Reconstruction Amendments. [read post]
6 Mar 2023, 6:00 am
[12 Teams of HS Students presented oral argument in Students for Fair Admission v. [read post]
12 May 2023, 2:54 pm
[Thomas assigned the majority to Justice Gorsuch, but he couldn't hold five all the way. ] National Pork Producers v. [read post]
13 Feb 2024, 5:55 am
[What does this notation mean?] [read post]
10 Feb 2020, 7:12 am
[Our book shot to #4 on the Amazon.com best seller list, and is now completely sold out everywhere] Last night, my co-author Randy Barnett appeared on Life, Liberty, & Levin on the Fox News Channel. [read post]
2 May 2020, 1:07 pm
[Further thoughts on the Tucker Act and Federal Question Jurisdiction] Last week I posed a question: "can a plaintiff seek compensation for an unconstitutional taking, without relying on the Tucker Act's jurisdiction–if not under the Takings Clause, perhaps under some theory of tort. [read post]
28 Dec 2020, 1:20 pm
[In 1903, "President Roosevelt made over 160 recess appointments during the instantaneous inter-session interval. [read post]
[Josh Blackman] Classes #4: "When is Conduct Speech?" and "Capture Rule and Acquisition by Creation"
27 Jan 2021, 3:30 pm
[O'Brien, Texas v. [read post]
26 Feb 2021, 12:04 pm
[I see three ways to limit emergency powers ex ante.] [read post]
16 Mar 2021, 8:04 pm
[The bar will presumably try again to draft a constitutional version of the ABA Model Rule] In December, a federal district court declared unconstitutional Pennsylvania's version of ABA Model Rule 8.4(g). [read post]
8 Jun 2023, 2:30 pm
[A thorough originalist analysis of the "so-called Spending Clause" that casts Thiboutout in doubt.] [read post]
23 Aug 2012, 7:48 am
You can watch at JoshBlackman.com/blog. [read post]
11 Mar 2020, 11:43 am
["Judges are encouraged to comment on the law because we have a particular interest, knowledge and familiarity. [read post]
20 Jun 2024, 7:39 am
[We know the identity of four members of the majority, but who else joined?] [read post]
24 Jun 2024, 6:50 am
[The Court did not grant petitions from the ACLU and Jenner Block. [read post]
26 Apr 2021, 10:29 am
[We all know who would win that conflict.] [read post]