Josh Blackman, reason

Josh Blackman


Houston, TX, United States

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  • Unknown
  • reason
  • Lawfare
  • National Review
  • Washington Post
  • Jerry Coyne

Past articles by Josh:

No, 18 U.S.C. § 2071 Cannot Disqualify Trump From The Presidency

That statute disqualifies a person from "holding any office under the United States." → Read More

Tentative Thoughts On The Jewish Claim To A “Religious Abortion”

Recently, Congregation L'Dor Va-Dor, a synagogue in Palm Beach County, Florida, challenged the constitutionality of Florida's new abortion restriction. I... → Read More

Originalism In The Lower Courts: Is Absolute Prosecutorial Immunity Correct As An Original Matter?

Judge Ho: "There are good reasons to believe that the doctrine of absolute prosecutorial immunity is wrong as an original matter." → Read More

Final Version of The Irrepressible Myth of Jacobson v. Massachusetts Published

As the pandemic (hopefully) draws to a close, the validity of vaccine mandates and other public health measures remain. → Read More

Chief Justice Roberts's Question About Stare Decisis and Originalism

During oral arguments in Dobbs, Chief Justice Roberts asked a question about the relationship between stare decisis and originalism that I hadn't → Read More

Conservative and Libertarian Law Students At Yale Law School Should Transfer Out En Masse

Yale Law School is a failed academic institution. Dean Heather Gerken should have resigned, Associate Dean Ellen Cosgrove should be on administrative → Read More

A Message From A Current 3L and FedSoc Officer About Dobbs

This message is representative of what I've been hearing. → Read More

New Article in the Wake Forest Law Review: Corpus Linguistics and Heller

James Phillips and I grade the four linguistic claims made in the Heller case using corpus linguistics. → Read More

Chief Judge William Pryor delivers the 14th Joseph Story Distinguished Lecture

Judge Pryor explains that Common Good Originalism should be called Living Common Goodism → Read More

Oyez! Oyez! Oyez! The October Term 2021 of FantasySCOTUS is now in session

Predict all of the biggest cases at the Supreme Court → Read More

Is Section 602(c)(2)(A) of the American Rescue Plan Act Constitutional?

This provision seems to prohibit states that accept billions of dollars in federal funds from reducing taxes prior to 2024. → Read More

Defining a Theory of "Public" and "Private" Offenses for Impeachment

[This post was co-authored by Josh Blackman and Seth Barrett Tillman] Introduction. The Constitution enumerates three categories of offenses that → Read More

Circuit Justice Alito Walks Back De Facto Denial of Pennsylvania Emergency Appeal

Did Alito not recognize the significance of making the response due after the safe harbor date? Or did another justice threaten to dissent over the timing? → Read More

The Statutory Authority for Barr’s Appointment of Durham as Special Counsel

How does the authority Attorney General Bill Barr used to appoint John Durham compare with Deputy Attorney General Rod Rosenstein’s appointment of Special Counsel Robert Mueller in 2017? → Read More

NYC Imposes Additional Requirements on Private Schools in Predominantly Jewish Neighborhoods in Queens and Brooklyn

But the City did not impose restrictions on similarly situated, non-Jewish neighborhoods in the Bronx, Manhattan, and Staten Island → Read More

Ted Cruz, Laurence Tribe, and Tammy Duckworth

In 2016, Professor Laurence Tribe said it was "not settled" whether Ted Cruz was a "Natural Born Citizen." → Read More

Unpacking Constitutional Law

Randy Barnett and Josh Blackman join the show to talk about how constitutional law has developed in the last 2 centuries. → Read More

Gorsuch and Kavanaugh Stake Out Their Independence from Trump

In narrowly argued decisions, they have separated themselves from this president but carefully guarded presidential authority for decades to come. → Read More

Why do law professors do what they do?

A question that is harder to answer than it may seem. → Read More

Why the DACA Rescission Failed CJ Robert's APA "Severability" Analysis

The DHS Secretary erred because she rescinded the entire DACA policy, rather than just the parts CJ Roberts suggested might be unlawful → Read More