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2 Jun 2018, 10:35 am
Josh Blackman offered a rebuttal of critiques of the Federalist Society and conservative and libertarian lawyers for their alleged public silence on matters concerning President Trump and the Russia investigation. [read post]
15 Aug 2017, 1:16 pm
Josh Blackman analyzed the role that the First Amendment played in the Charlottesville protests. [read post]
22 Aug 2020, 8:39 am
Josh Blackman and Seth Barrett Tillman argued that while the new Abuse of the Pardon Prevention Act may seem like a wise idea in the current moment, it would prove dangerous for the future of American politics. [read post]
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]
23 Jun 2016, 1:14 pm
Indeed, as Josh Blackman recently noted, there has never been any convincing originalist rebuttal to the fact that the Framers of the Fourteenth Amendment were the originators of affirmative action. [read post]
26 Mar 2017, 5:30 am
Trenga upheld President Trump’s revised Refugee Executive Order (EO), ruling that the EO did not violate the Establishment Clause (see Josh Blackman’s discussion here). [read post]
23 Jan 2017, 4:54 pm
Josh Blackman identifies some here, such as the fact that HOME sought money damages — a form of relief that would clearly redress their alleged injury — whereas CREW does not. [read post]
26 Jul 2024, 6:00 am
” For an argument to this effect see Josh Blackman & Seth Barrett Tillman, Sweeping and Forcing the President into Section 3, 28 Tex. [read post]
23 Jun 2011, 1:33 pm
(Thanks to several VC readers for alerting me to this, and especially to Josh Blackman for saving me the effort of finding all the Lochner references myself).Here’s Breyer:[1] “To apply a ‘heightened’ standard of review in such cases as a matter of course would risk what then-Justice Rehnquist, dissenting in Central Hudson, described as a ‘retur[n] to the bygone era of Lochner v. [read post]
9 Aug 2023, 2:44 pm
" Josh Blackman agrees, and predicts future GOP administrations will try to prosecute Democratic politicians. [read post]
15 Nov 2009, 9:47 pm
Recent law-school grad and self-described "big Supreme Court nerd" Josh Blackman created the site so that Groupies like you -- like us, dear readers -- can "play like the Tenth Justice. [read post]
6 Jul 2010, 7:39 am
Ilya Shapiro and Josh Blackman opine in the Detroit News that Justice Thomas’ concurrence in the case—the “decisive fifth vote”—has “pav[ed] the way for [Court’s future use of] the Privileges or Immunities Clause [of the Fourteenth Amendment]. [read post]
30 Apr 2018, 4:08 am
” Josh Blackman and Joshua Matz discuss the argument in a podcast at Constitution Daily. [read post]
15 Nov 2022, 5:00 am
When conservative law professor Josh Blackman was stopped from speaking about “the importance of free speech,” Bilek insisted that disrupting the speech on free speech was free speech. [read post]
11 Jun 2011, 2:26 pm
Please discuss, in the comments.Investment disclosure [Point of Law] Further thoughts on the Wal-Mart market bet [Point of Law] Betting against the market on lawsuits [Truth on the Market (Larry Ribstein)] Supreme Court Information Markets, Timing the Stock Market, and Ted Frank Putting his Money where Mouth Is [Josh Blackman] Class action gadfly Ted Frank puts his money where his mouth is [Thomson Reuters News & Insight] Tort Reform Advocate Makes Stock Bet on Wal-Mart Win… [read post]
20 Jan 2021, 1:30 pm
If not, as Josh Blackman notes, the various lawsuits against the Trump policy are likely to continue, now aimed at the new administration. [read post]
25 Nov 2015, 4:56 am
Lyle Denniston covered the filing for this blog, while at The Federalist, Ilya Shapiro and Josh Blackman urge the Court not to “rush what could become a landmark separation-of-powers case. [read post]
30 May 2013, 10:00 am
” Among other things, the book is a story about the emerging role of blogs in influencing legal battles and public debate.In a similar vein, though far more historic and wide-ranging in scope, is the forthcoming book by Josh Blackman of the South Texas College of Law. [read post]
20 Mar 2017, 8:16 am
In a recent essay, Randy Barnett and Josh Blackman argue that senators should require nominees to identify the original public meaning of different clauses as a way to gain insight into their views. [read post]
15 Dec 2022, 8:14 pm
My assessment of the oral argument is in some ways similar to Josh Blackman's. [read post]
