4 Nov 2019, 4:02 am
[Resolutions to approve the acceptance of foreign gifts and emoluments must be presented to the President] [This post is co-authored with Professor Seth Barrett Tillman] The Foreign Emoluments Clause provides that "[N]o Person holding any Office of Profit or Trust under [the United States], shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. [read post]
[Josh Blackman] The 9th Circuit Erred Again: Youngstown does not support the existence of an "equitable ultra vires cause of action"
26 Jun 2020, 2:03 pm
At the time, Seth Barrett Tillman and I wrote a lengthy post explaining why the Plaintiffs lacked an equitable cause of action to challenge ultra vires action. [read post]
[Josh Blackman] Can Congress Issue A Subpoena to Federal Judges About Internal Judicial Deliberations?
25 Jul 2020, 12:17 pm
At the time, I asked Josh Chafetz, an expert on all things Congress, whether there was any precedent for Congress issuing a subpoena to a Supreme Court Justice. [read post]
31 Jul 2019, 7:46 am
[Like in the Emoluments Clauses cases, plaintiff’s mere allegation that the government is acting ultra vires is not enough to establish an equitable cause of action ] [This post is co-authored with Seth Barrett Tillman, Lecturer, Maynooth University Department of Law. [read post]
[Josh Blackman] The Office of Legal Counsel Has Not Shifted Its Position on Whether the Foreign Emoluments Clause Applies to the President. But the Civil Division Has.
4 Oct 2019, 4:00 am
[DOJ’s Schrödinger’s Briefs in the Emoluments Clauses litigation are in tension with a 2009 OLC Opinion] [This post is co-authored with Seth Barrett Tillman] In a recent post, we explained that the Congressional Research Service ("CRS") has shifted its position concerning the Foreign Emoluments Clause. [read post]
7 May 2020, 3:19 pm
My colleague Seth Barrett Tillman and I weighed in on those debates. [read post]
[Josh Blackman] The PROMESA Board Members Are Not "Officers of the United States." So What Are They?
10 Jun 2020, 11:31 am
[This post is co-authored with Professor Seth Barrett Tillman] Recently, the Supreme Court decided Financial Oversight and Management Bd. for Puerto Rico v. [read post]
15 Feb 2018, 10:00 am
As my colleague Seth Barrett Tillman and I explained on the Volokh Conspiracy (Parts 6, 7, and 8), our official-versus-individual capacity argument is likely the only thing standing between President Trump and a discovery order. [read post]