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25 Sep 2024, 2:32 am
A few days ago, my co-blogger Josh Blackman posted some very interesting remarks about forum selection and judge-shopping from Judge Reed O'Connor (NDTX). [read post]
19 Jan 2021, 1:18 pm
It seems likely that if and when President Trump is put on trial in the Senate for high crimes and misdemeanors, his lawyers will argue that the president was exercising his First Amendment right to free speech in the weeks after the election—and, as a consequence, his words cannot form the basis of an impeachable offense. [read post]
18 Nov 2023, 4:28 am
Researching whether the persons responsible for Section Three of the Fourteenth Amendment thought the president was an officer of the United States is a bit like researching whether George Washington had five fingers on his right hand. [read post]
7 Oct 2022, 5:01 am
On Oct. 5, the Fifth Circuit held in Texas v. [read post]
15 Feb 2018, 10:00 am
., 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 (arguing, based on an “admittedly charitable” reading of the Sessions Letter, that Regents erred by, among other things, failing to consider how the Attorney General’s independent duty to defend the Constitution supported his decision to recommend ending the DACA program). [read post]
26 Dec 2016, 11:16 am
1. [read post]
4 Jun 2018, 6:09 am
Indeed, Lawfare readers will find them quite similar to ones that Josh Blackman and Alan Dershowitz have been making for months—including on Lawfare—and that one of us has been arguing with for some time. [read post]
26 Dec 2017, 9:30 am
In invalidating the latest iteration of the travel ban, known as the Proclamation, the Ninth Circuit Court of Appeals reached an important question of first impression: whether the policy could be supported by the President’s independent Article II authority. [read post]
1 Sep 2017, 10:30 am
Discussing the viability of launching a formal impeachment inquiry against President Donald Trump is like driving a racecar around a decaying track. [read post]
4 May 2019, 11:50 am
I’ve been in a cave for several weeks crashing to complete my new book, and am only now emerging to read Special Counsel Robert Mueller’s report and the commentary on it. [read post]
3 Jul 2018, 5:02 am
Shortly after Hawaii was decided, I tweeted that following remand, the Department of Justice should create a macro for Justice Kennedy’s opinion, because the department will have to cite it often: After the remand, DOJ should create a macro for this sentence from AMK's concurring opinion (which addressed an issue JGR left open) #SCOTUS pic.twitter.com/iehBpCUbds — Josh Blackman (@JoshMBlackman) June 26, 2018 In light of Kennedy’s concurrence and… [read post]
19 Feb 2024, 8:57 am
Trump prioritized this argument in his briefs to the Court, drawing primarily on the scholarship of Seth Barrett Tillman and his co-author, Josh Blackman. [read post]
27 Jun 2024, 9:40 am
Other commentators have provided excellent summaries of the Supreme Court’s holding in Elster, including trademark experts Ted Davis and Ryan Kurtiak, Laura Heymann, Rebecca Tushnet, and John Welch; constitutional law professors Josh Blackman, Mike Ramsey, and Eugene Volokh; and news reporters Kyle Jahner and Aruni Soni. [read post]
10 Apr 2017, 3:13 am
Only a few months into his presidency, President Trump has issued two Executive orders attempting to suspend refugees and certain foreign nationals from entering the United States. [read post]
18 Aug 2015, 12:09 pm
I’ve posted my new paper, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, to SSRN. [read post]
20 May 2022, 2:44 pm
Josh Blackman wrote a post at Volokh a couple of weeks ago about a leak from the D.C. [read post]
8 Feb 2024, 9:36 am
[A reply to Prof. [read post]
3 Dec 2022, 3:14 pm
., decided yesterday by Marion County (Indiana) Superior Court Judge Heather Welch; Josh Blackman has just posted on the subject, but I thought I'd put up my post as well, because it quotes at greater length from the decision and offers some thoughts of my own. [read post]
11 Jan 2019, 5:43 pm
Shortly before the holidays, I received a call from New York Times reporter Michael Schmidt asking me to meet with him about some reporting he had done. [read post]
25 Jun 2020, 7:00 am
”Josh Blackman faults Chief Justice Roberts for “cook[ing] up [this approach] in his chambers” and taking the parties by surprise. [read post]
