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26 Mar 2018, 11:07 am
Congress also sometimes requires courts to “expedite” judicial review of certain classes of cases (as Josh Blackman summarized last year), although courts sometimes interpret “expedite” rather generously. [read post]
13 Feb 2018, 1:02 pm
ICYMI: Yesterday on Lawfare Josh Blackman offered his thoughts on the meaning of judicial resistance in the Trump administration. [read post]
24 Feb 2017, 11:18 am
My earlier post described the procedural issues posed by broader use of ER beyond the context of an arrest of a noncitizen at the U.S. border (for a good discussion of these issues, see Josh Blackman’s post here). [read post]
10 Feb 2017, 1:14 pm
Josh Blackman has urged the same path. [read post]
27 Apr 2018, 7:00 am
” See Josh Blackman, Understanding Sessions’s Justification to Rescind DACA, Lawfare (Jan. 16, 2018, 8:00 AM) https://www.lawfareblog.com/understanding-sessionss-justification-rescind-daca; see also Texas, 809 F.3d at 150 (noting that the plaintiffs there had asserted “constitutional claims under the Take Care Clause” and the “separation of powers doctrine”). [read post]
9 Jul 2019, 6:00 am
On Lawfare, Jack Goldsmith and Josh Blackman have argued that Mueller’s application of the obstruction statutes to presidential conduct facially authorized by Article II is deeply flawed. [read post]
16 Mar 2017, 12:09 pm
ICYMI: Yesterday, on Lawfare Josh Blackman examined the legality of new travel ban under the Establishment Clause in Part III of his three-part essay. [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]
23 Apr 2018, 5:00 am
Shaughnessy (1950) (see Josh Blackman’s extended analysis). [read post]
26 May 2018, 7:19 am
Josh Blackman discussed the prospect and implications of conflicting nationwide injunctions connected to the Deferred Action for Childhood Arrivals (DACA) program. [read post]
31 Dec 2014, 12:02 pm
UPDATE: Josh Blackman has a good post about a Houstonian who complains about surge pricing for an Uber car he took home from a football game without realizing that, absent the surge pricing, he would likely have been unable to get a ride at all: A Houstonian complains that his 13-mile trip on Uber cost him $247.50 with surge pricing in effect. [read post]
24 Mar 2010, 5:57 am
On his blog, Josh Blackman has a rough transcript of a conversation between Justices Scalia and Breyer on original intent and the living Constitution, an event that was hosted yesterday by the Supreme Court Historical Society. [read post]
19 Jun 2010, 4:09 pm
Adler) After live-blogging much of the American Constitution Society’s annual convention, Josh Blackman says he sensed a difference in “tone” from Federalist Society conferences, particularly from the leadership. [read post]
15 Feb 2016, 3:29 am
Update: Josh Blackman has taken up the cause at National Review, where he asserts that the Senate is not merely able to do nothing but finds authority in Noel Canning. [read post]
23 Jun 2023, 3:41 am
Josh Blackman comes to the defense of Alito’s op-ed. [read post]
9 Dec 2016, 5:32 am
H/T Josh Blackman Copyright © 2007-2016 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
5 Apr 2011, 3:14 am
On the other hand, Josh Blackman blames Rybicki's handling of the matter. [read post]
5 Jul 2021, 9:35 am
Ilya Somin commented on the cert denial and Josh Blackman speculated on why the cert petition did not attract more votes from the conservative justices. [read post]
10 Mar 2010, 6:38 am
” In the Washington Examiner, Josh Blackman and Ilya Shapiro have an op-ed questioning whether Justice Scalia is “abandoning originalism” by appearing to ignore the Privileges or Immunities argument in favor of incorporation through substantive due process. [read post]
20 May 2023, 3:27 am
This gave rise to what Josh Blackman characterized as a “twitter flame war” in the majority and dissenting opinions. [read post]
