Josh Blackman
reason
Houston, TX, United States
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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