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1 Nov 2017, 4:44 am
For instance, Josh Blackman, a professor at South Texas College of Law, argued in National Review this month that opposition to the president’s policies had been “advanced” by federal judges “who abandoned their traditional role out of a fear that Donald Trump posed an existential threat to the republic. [read post]
28 Oct 2017, 5:01 am
Regarding another travel ban proceeding, Josh Blackman argued that the Hawaii District Court’s temporary stay on the ban did not comport with the rational basis test for determining legality. [read post]
26 Oct 2017, 2:20 pm
Josh Blackman is an Associate Professor of Law at the South Texas College of Law in Houston who specializes in constitutional law, the United States Supreme Court, and the intersection of law and technology. [read post]
24 Oct 2017, 11:12 am
Josh Blackman argued that the Hawaii District Court’s injunction against the most recent travel ban order does pass the “rational basis” test. [read post]
23 Oct 2017, 9:20 am
"The Travel Ban and the Rational Basis Test": Josh Blackman has this post at the "Lawfare" blog. [read post]
15 Oct 2017, 12:10 pm
(H/T: Josh Blackman) The gist of Judge Leinenweber's defense is that the attorney general's authority does not vary by jurisdiction. [read post]
14 Oct 2017, 5:05 am
Josh Blackman discussed what this decision signals as to the courts' ultimate treatment of the new travel ban. [read post]
11 Oct 2017, 6:52 pm
" Law professor Josh Blackman has this essay online at National Review. [read post]
10 Oct 2017, 11:58 am
Thanks to Professor Josh Blackman for the pointer. [read post]
10 Oct 2017, 4:17 am
Update: Josh Blackman has the putative explanation for Lane’s claim that it was an unapproved event. [read post]
9 Oct 2017, 6:13 am
Randy Barnett, Georgetown University Law Center Josh Blackman, South Texas College of Law Houston [read post]
3 Oct 2017, 3:01 am
Whitford here and here] SCOTUS declines to speed up review of Maryland gerrymander, and what that could mean for wider issue [Lyle Denniston] Reversal of fortune: firing back on the Hamilton angle in Emoluments Clause fight [Josh Blackman on new filings countering previous Hamilton claims, Prof. [read post]
1 Oct 2017, 11:40 am
Days after President Trump’s inauguration in January 2017, Citizens for Responsibility and Ethics in Washington (CREW) brought suit against the president under the foreign emoluments clause. [read post]
30 Sep 2017, 5:39 am
Josh Blackman argued that the new measures will lead federal courts to finally concede that the ban is legal. [read post]
29 Sep 2017, 5:14 am
(Matt McClain/ The Washington Post) Our first, second and third posts, based on briefs we submitted to the District Courts for the Southern District of New York and the District of Columbia, explained that because the president does not hold an “Office . . . under the United States,” he or she is not subject to the foreign emoluments clause. [read post]
28 Sep 2017, 12:52 pm
(Matt McClain/ The Washington Post) The foreign emoluments clause provides that “no 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]
26 Sep 2017, 2:32 pm
Russell Spivak summarized the president’s action, whose legality Josh Blackman defends and Peter Margulies questions. [read post]
26 Sep 2017, 10:50 am
Josh Blackman argued that the travel ban proclamation will lead courts to uphold the constitutionality of the ban. [read post]
26 Sep 2017, 10:37 am
Gilbert Stuart’s “Portrait of George Washington. [read post]
25 Sep 2017, 1:30 pm
” Like Josh Blackman, I have doubts about whether the dynamic realm of foreign affairs is a fit subject for Establishment Clause scrutiny. [read post]
