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10 Jan 2024, 5:42 pm
Congratulations to Josh Blackman and Seth Barrett Tillman for unearthing the Louisville Daily Journal’s series of pieces claiming, contrary to what President Andrew Johnson said about his job description, that Johnson was not an officer of the United States. [read post]
1 Apr 2022, 4:00 am
Here I'll say a few words about each.(1) Federal Power.In Einstein Taught Us Time Is Relative, Not Absolute, Professor Josh Blackman contends that Congress lacks the affirmative power to establish time for the entire country. [read post]
23 Sep 2016, 7:31 am
In Burwell v. [read post]
21 Sep 2016, 3:25 pm
After six years of pitched political battle, it has become conventional wisdom that Republicans are responsible for the Affordable Care Act’s unraveling. [read post]
24 Jul 2020, 9:38 am
Justice Gorsuch’s Legal Philosophy Has a Precedent Problem By Josh Blackman, Associate Professor of Law, South Texas College of Law Josh Blackman contends that Justice Neil Gorsuch’s textualist approach in the recent cases of Bostock v. [read post]
17 Jun 2010, 6:09 pm
At NPR, Nina Totenberg has a detailed discussion of the opinion, in which the Court held that Florida’s beach restoration program did not violate the rights of property owners; the Wall Street Journal’s Jess Bravin, the Associated Press, JURIST, Josh Blackman’s Blog, CNN, Ariane de Vogue of ABC News, the Christian Science Monitor, and Bloomberg’s Greg Stohr all cover the case as well. [read post]
8 Jan 2021, 1:17 pm
My critique of Josh Blackman's similar slippery slope argument against the first impeachment of Trump applies here as well: Every president has partisan adversaries who who would be happy to "get him" if they can. [read post]
27 Jul 2023, 7:28 pm
[Would you let a babysitter take your kids on a two-day road trip to an amusement park without express authorization?] [read post]
2 Dec 2021, 6:52 pm
[No, Lochner was not "about pure laissez faire. [read post]
21 Jul 2022, 3:33 pm
In the wake of Dobbs, the Democratic-controlled House is passing a flurry of bills to "codify" constitutional rights that are not really in jeopardy. [read post]
25 Jan 2021, 9:20 pm
On Monday, the Supreme Court effectively ended the Emoluments Clauses litigation. [read post]
4 Apr 2020, 12:30 pm
[This world is our new normal. [read post]
2 Jul 2024, 8:35 pm
[How will the Board of Immigration Appeals operate in a world without Chevron?] [read post]
18 May 2023, 10:19 am
[Historically, the Court issued opinions on Mondays after oral arguments concluded. [read post]
2 Dec 2021, 7:26 pm
[Justices Breyer, Sotomayor, and Kagan had no difficulty overruling Baker v. [read post]
8 Nov 2023, 8:29 pm
[Will Garland v. [read post]
1 Feb 2020, 1:57 pm
[The new proclamation will likely be upheld by the Supreme Court, and set the stage for future, broader entry bans] Yesterday, President Trump signed a new entry ban, which I will refer to as Travel Ban 4.0. [read post]
12 Mar 2020, 2:49 pm
[Social Distancing not enough for SCOTUS] Yesterday, I speculated that the Supreme Court may hold oral arguments without spectators. [read post]
28 Oct 2019, 4:00 am
[We surveyed twelve of the leading constitutional law casebooks] In our new book, Randy Barnett and I selected the 100 cases that we think belong in the "constitutional canon. [read post]
4 Jul 2023, 10:33 pm
[Is the exclusion of "gender identity disorders" from the ADA based on a "bare desire to harm"?] [read post]
