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The Latest Breaking News from Josh Blackman

I found myself disagreeing with some of the points made in co-blogger Josh Blackman's post this morning entitled "I could carve a judge with more backbone out of a banana." Instead of a point-by-point rebuttal, here is a set of more general observations: Law is not like the game of…

Reason

Report from Israel: Israelis Aren't Out for Vengeance, But For Safety and Security

One constant refrain I have seen in the media since Hamas' Oct. 7 massacre is that Israel is seeking "revenge" in Gaza, or "retaliating" for Oct. 7. Israel, by contrast, asserts two primary motivations--return of its hostages, and the defeat of Hamas to restore Israeli security. Having just returned from…

Reason

Which Circuit Had The Highest Reversal Rate?

It was not the Fifth Circuit.

Reason

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Again and again, U.S. Supreme Court slaps down 5th Circuit

The New Orleans-based court, which hears Texas cases, is pushing the federal judiciary to the right, even when it gets overturned by a higher court.

The Texas Tribune

Abortion, Guns, and Hunter Biden.

Plus: A listener asks the editors about the Selective Service.

Reason

Do Supreme Court Justices Have Real Friends?

A response to Josh.

Reason

The Supreme Court Was Right to Consider Andrew Cuomo's Unconstitutional Motives in NRA v. Vullo—and the same Principle Applies to Trump and Other Presidents

Chief executives' illicit motives can render their subordinates' actions unconstitutional. There is good reason for courts to enforce that rule.

Reason

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Supreme Court to decide contentious issues amid ongoing criticism - Roll Call

The Supreme Court is about to issue dozens of decisions that include hot-button political issues amid criticism of their ethics.

Roll Call

2024 Texas Review of Law & Politics—Jurist of the Year

On April 13, 2024, I was honored to accept the Jurist of the Year award from the Texas Review of Law & politics. Perhaps more importantly, I was quite pleased to see the Josh Blackman Bobblehead. I stand in some great company. Here is the audio, where you'll hear comments…

Reason

The Case for Caution on Reacting to the Judicial Conference Press Release on Forum-Shopping

We should wait until we know what (if anything) is happening.

Reason

The Judicial Conference Legislates From The Shadow Docket

The Chief Justice and his associates target only one type of forum shopping in response to political criticism through a secret policy that will not be released for months.

Reason

District Court Enjoins S.B. 4, the Texas Immigration Enforcement Law

A follow-up.

Reason

A Response to John Mikhail on "Officers of the United States"—Part I

The issues, arguments, and evidence raised by Mikhail has already been addressed by our scholarship. This evidence was not "ignored or overlooked."

Reason

C-SPAN Washington Journal Appearance on the Trump Section 3 Case

Co-blogger Josh Blackman and I debated the case that will be argued before the Supreme Court this morning.

Reason

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Reason

All Blackman-Tillman Articles, Presentations, Amicus Briefs, Commentary, and Blog posts on Section 3 and Insurrection

We started thinking about the topic on January 6, 2021, and have been writing since.

Reason

In Trump v. Anderson, the Respondents' Theory Would Render Unconstitutional Every Speaker and President Pro Tempore Since 1789, as Well as President Grant's VP and Presidential Candidate George McGovern

Justice Scalia erred because there are no “Officers of the United States” appointed outside Article II, Section II.

Reason

Professor Mark Graber responds to Blackman & Tillman on the 1868 Louisville Daily Journal

In response to the "new source" described in Josh's recent post (and Tillman's recent amicus brief, and earlier in this short SSRN piece by John Connolly) Professor Mark Graber writes at Balkinization: Eureka Not: The President is an Officer of the United States Redux, Redux . . . Mark Graber…

Reason

Natelson on the Offices and Officers of the Constitution in 1788 and 1868

"Mr. Tillman has been joined by another legal scholar, Josh Blackman. Together, they have tried to reconstruct the meanings of all these words and phrases."

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Reason

Blackman & Tillman, On The Wall

After the Denver trial court held that the President was not an "Officer of the United States," I observed that the Blackman-Tillman position on Section 3 had moved from "off the wall" to "on the wall." If there is a wall in the conservative movement, it is Fox News. Over…

Reason

You Might Want to Read More Sentences of Arizona v. United States

A response to Josh Blackman on the new Texas immigration enforcement law.

Reason

Volokh Conspiracy Holiday Gifts—2023

Gift ideas for the VC readers in your life!

Reason

Why President Trump is an "Officer" who Can be Disqualified From Holding Public Office Under Section 3 of the 14th Amendment [Updated]

The opposing view is contrary to the original meaning, and leads to absurd conclusions.

Reason

Donald Trump Should be on the Ballot and Should Lose

In a prior blog post, I argued that Donald Trump should be kept off the ballot for the 2024 presidential election because of the Insurrection Clause of Section 3 of the Fourteenth Amendment. I have now changed my mind and have concluded that since Trump was not "an officer of…

Reason

The Dangers of Giving Trump Impunity are Far Worse than those of Prosecuting Him

Giving presidents impunity for using force and fraud to try to nullify election results is far worse than any potential risk of prosecuting Trump.

Reason

Purple June

With Justice Kavanaugh by his side, the Chief Justice is back in control.

1 2 3

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Ketanji Brown Jackson

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