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29 Jul 2020, 4:49 am
In the National Review, Josh Blackman makes the case that Justice Neil Gorsuch and Kavanaugh “have separated themselves” from the president who appointed them but, in doing so, have “carefully guarded presidential authority for decades to come. [read post]
4 Sep 2014, 5:55 am
Josh Blackman for the pointer. [read post]
2 Aug 2011, 7:50 am
(HT: Josh Blackman’s Blog.) [read post]
3 Dec 2020, 3:38 pm
” And in commentary, at “The Volokh Conspiracy,” Josh Blackman has a post titled “SCOTUS Creatively Punts in COVID Appeal from 9th Circuit: Grants Cert Before Judgment, then Vacates and Remands; Given the likely trajectory of COVID-19, the Court may never have to decide a pandemic case on the merits. [read post]
26 May 2011, 8:59 am
Because we conclude that the State’s licensing provisions fall squarely within the federal statute’s savings clause and that the Arizona regulation does not otherwise conflict with federal law, we hold that the Arizona law is not preempted.UPDATE: Josh Blackman walks through the opinions here. [read post]
5 Aug 2024, 11:38 am
via reason.com Josh Blackman. [read post]
19 Sep 2013, 1:23 pm
(Ilya Somin) Various commentators such as Garrett Epps, Mark Tushnet, and recent guest-blogger Josh Blackman argue that there is a generational divide among right of center jurists between Reaganite advocates of “judicial restraint” and younger, more libertarian figures who are less willing to defer to legislatures and more eager to strike down laws they consider unconstitutional. [read post]
4 Sep 2013, 1:27 pm
(Josh Blackman, guest-blogging) In my previous post, I discussed how the government decided to argue that the Anti-Injunction Act was not a barrier to the Court hearing the case in 2012. [read post]
10 Sep 2013, 7:29 am
(Josh Blackman, guest-blogging) Randy Barnett had many critical roles in the constitutional challenge to Obamacare (Disclosure: Barnett wrote the foreword for my book). [read post]
7 Dec 2023, 12:41 pm
., the attorney for former-President Trump, gave a somewhat different answer—but one which is consistent with our (Blackman and Tillman's) publications. [read post]
4 Feb 2020, 7:13 am
” At The Volokh Conspiracy, Josh Blackman discusses the prospect that, with the impeachment trial of President Donald Trump still going on, some or all justices may not attend tonight’s State of the Union address. [read post]
4 Aug 2020, 5:16 am
Briefly: In Newsweek, Josh Blackman reacts to a series of stories by CNN’s Joan Biskupic last week that revealed, based on anonymous sources, numerous details about the court’s private deliberations. [read post]
9 Jan 2024, 9:01 pm
Again, these statements were made in a newspaper from Louisville (where Blackman fondly lived for a year during his clerkship). [read post]
13 Feb 2020, 4:00 am
2/13/16: Justice Antonin Scalia died. [read post]
12 Aug 2023, 4:00 am
8/12/1795: Chief Justice John Rutledge takes judicial oath. [read post]
9 Nov 2023, 4:00 am
11/9/1942: Wickard v. [read post]
26 Apr 2024, 4:00 am
4/26/1995: U.S. v. [read post]
2 Jun 2024, 4:00 am
6/2/1952: Youngstown Sheet & Tube Co. v. [read post]
6 Sep 2021, 12:50 pm
[One year since Justice Ginsburg's passing on the Jewish calendar.] [read post]
8 Sep 2021, 9:39 pm
[It still isn't clear who DOJ would sue. [read post]
