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12 Jul 2017, 7:40 am
Josh Blackman is a constitutional law professor at the South Texas College of Law Houston, an adjunct scholar at the Cato Institute, and the author of “Unraveled: Obamacare, Religious Liberty, and Executive Power. [read post]
1 Jul 2017, 4:30 am
Jane Chong provided a guide to understanding the Court’s ruling, and Josh Blackman provided his analysis, following up on his original predictions. [read post]
30 Jun 2017, 12:16 pm
Josh Blackman discussed the Supreme Court’s use of the “bona fide” relationship standard in its travel ban opinion, and he compared it to current congressional practices. [read post]
30 Jun 2017, 7:35 am
As grandparents, not all that well—the Immigration and Nationality Act (INA) contains no provision granting visas based on a grandparenting relationship with a U.S. citizen or lawful permanent resident (LPR) (see Josh Blackman’s post here), let alone a person resident in the U.S. without such a status. [read post]
30 Jun 2017, 5:45 am
Josh Blackman argues that some of the types of relatives excluded under the administration’s guidance are ones denied priority under other provisions of immigration law. [read post]
28 Jun 2017, 1:03 pm
Josh Blackman looked at the scope of the Supreme Court’s decision in IRAP v. [read post]
27 Jun 2017, 4:22 am
Commentary comes from Garrett Epps in The Atlantic, Noah Feldman at Bloomberg View, Aaron Blake in The Washington Post, Ruthann Robson at the Constitutional Law Prof Blog, Jack Goldsmith at Lawfare, Ryan Lockman at Lock Law Blog, Ilya Shapiro at the Cato Institute’s Cato at Liberty blog, Richard Primus at Politico Magazine, Michael Bobelian at Forbes, Adam Cox at Just Security, Shoba Wadhia at the ACS Blog, Rick Hasen at the Election Law Blog, Josh Blackman at his eponymous… [read post]
26 Jun 2017, 1:35 pm
Prior to today’s ruling, Josh Blackman previewed six possible resolutions to the Supreme Court’s travel ban review. [read post]
26 Jun 2017, 12:24 pm
Or it might be a reflection of a view held by a majority of Justices that the Establishment Clause is a vehicle ill-equipped for traversing the shifting landscape of foreign affairs (see Josh Blackman’s post here). [read post]
18 Jun 2017, 11:00 pm
I’ve written before about why I believe the revised EO is legal (see my analysis here and Josh Blackman’s New York Times op-ed here), but nevertheless constitutes bad policy. [read post]
18 Jun 2017, 9:05 pm
Vitolo] Roberts joins liberals to hold 5-3 that cities can sue alleging Fair Housing Act violations; damages theories are to be constrained, though [Josh Blackman, SCOTUSBlog roundup on Bank of America v. [read post]
16 Jun 2017, 6:19 am
Blackman, Cleary Gottlieb Steen & Hamilton LLP, on Wednesday, June 14, 2017 Tags: Delaware law, Forum selection, Incorporations, Jurisdiction, Montana, State law, Supreme Court The Other Securities Regulator: A Case Study in Regulatory Damage Posted by Anita K. [read post]
15 Jun 2017, 7:36 am
First, we saw the hints of this in the marriage-equality litigation, particularly with respect to decisions to stay (or usually not stay) injunctions, as Josh Blackman and I described. [read post]
13 Jun 2017, 6:18 am
” Further, as Josh Blackman explains, there’s an argument that the 1999 special counsel regulations would not bind the president anyway. [read post]
13 Jun 2017, 5:30 am
Because the Ninth Circuit decided the case on statutory grounds, it did not have to reach the Establishment Clause issue that drove the Fourth Circuit’s decision (see my analysis here and Josh Blackman’s here). [read post]
12 Jun 2017, 8:26 am
"America Needs Closure on the Travel Ban": Law professor Josh Blackman has this essay online at The New York Times. [read post]
12 Jun 2017, 4:29 am
” In an op-ed in The New York Times, Josh Blackman maintains that the “legality of the travel ban, which implicates the commander in chief’s core statutory and constitutional authority over national security, demands an immediate resolution by the Supreme Court — one way or the other” and that “[w]ith all the briefs scheduled to be filed [today], the court should follow its practice from previous urgent cases: Schedule argument for 10 days hence,… [read post]
10 Jun 2017, 5:58 am
Josh Blackman posted the final two sections of his analysis of the Fourth Circuit’s en banc decision in IRAP, and considered how a recent Trump tweetstorm could impact the process. [read post]
9 Jun 2017, 4:22 am
” The Heritage Foundation’s SCOTUS 101 podcast features a discussion of President Donald Trump’s Supreme Court short list and an interview with FantasySCOTUS creator Josh Blackman. [read post]
8 Jun 2017, 2:33 pm
The contributors include Laurence Tribe, David Cole, Josh Blackman, Volokh Conspiracy co-blogger Eugene Kontorovich, and myself, among others. [read post]
