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21 Feb 2018, 6:39 pm
I have not previously evaluated this footnote at length, although I did locate this commentary by Josh Blackman expressing confusing over the footnote and whether it is consistent with the Court's jurisprudence.The footnote does not seem correct to me, as it would wreak havoc on equal protection law if it were the law. [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]
6 Jul 2018, 12:15 pm
Josh Blackman analyzed the executive branch’s ability to unilaterally revoke the special counsel’s powers. [read post]
6 Jun 2017, 12:59 pm
Josh Blackman analyzed what a recent string of the President’s tweets demonstrate about Trump’s understanding of his own administration and how this might affect the IRAP v. [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]
12 Feb 2018, 3:46 pm
There will be a brief break around 10:30Panelists: Josh Blackman, Erwin Chemerinsky, Richard Fallon, Mark Graber, Gary Jacobsohn, Sanford Levinson, Mark Tushnet Present by video: Sam Bray, Noah FeldmanChair: Richard AlbertLocation: Sheffield-Massey Room, with overflow in TNH 2.1381:45-2:00 Introduction to the general topic of civic education (and the remaining panels): Meira Levinson2:00 – 3:30 Historical Perspectives. [read post]
12 Feb 2018, 3:46 pm
There will be a brief break around 10:30Panelists: Josh Blackman, Erwin Chemerinsky, Richard Fallon, Mark Graber, Gary Jacobsohn, Sanford Levinson, Mark Tushnet Present by video: Sam Bray, Noah FeldmanChair: Richard AlbertLocation: Sheffield-Massey Room, with overflow in TNH 2.1381:45-2:00 Introduction to the general topic of civic education (and the remaining panels): Meira Levinson2:00 – 3:30 Historical Perspectives. [read post]
18 Mar 2017, 5:42 am
Josh Blackman produced a three-part essay which analyzed the travel ban from the statutory and separation of powers perspective in Part I, the Due Process Clause perspective in Part II, and the Establishment Clause perspective in Part III. [read post]
8 Sep 2017, 1:10 pm
(See Josh Blackman’s post here.) [read post]
4 Jan 2018, 11:16 am
Josh Blackman described why the Manafort complaint is a sheep in wolf’s clothing. [read post]
17 Feb 2018, 4:36 am
” Josh Blackman shared his thoughts on the meaning of judicial resistance in the Trump administration. [read post]
6 Dec 2017, 11:28 am
Josh Blackman analyzed the claim that the president cannot obstruct justice. [read post]
13 Dec 2017, 9:53 am
In the second part of a series on obstruction of justice and the presidency, Josh Blackman argued that the scope of “high crimes and misdemeanors” is limited by the Constitution. [read post]
29 Mar 2019, 1:49 pm
Professor Josh Blackman, author of two books about the legal conflicts and controversies surrounding the Affordable Care Act, Unprecedented and Unraveled, wrote in the Washington Post that the Adminstration's change of heart diminishes the stature and credibility of the Justice Department Since the inception of the Affordable Care Act, President Barack Obama served as its legal guardian. [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]
23 Feb 2018, 11:16 am
Josh Blackman examined the flaws in the Article II analysis of Judge Roger Gregory concurring opinion in IRAP v. [read post]
13 May 2017, 8:51 am
Peter Margulies and Josh Blackman both weighed in on the IRAP argument. [read post]
22 Apr 2022, 4:23 pm
Josh Blackman and Seth Barrett Tillman maintain that the persons responsible for the Fourteenth Amendment thought that only Congress could implement Section 3 (“Only the Feds Could Disqualify Madison Cawthorn and Majorie Taylor Greene,” New York Times, April 20, 2022). [read post]
16 Mar 2017, 9:34 am
Congress passed this provision in 1996 (see Josh Blackman’s post here) to override a 1995 D.C. [read post]
15 Feb 2020, 10:06 am
(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]
