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The Latest Breaking News from Josh Blackman

The Battle over Judge Newman's Unconstitutional "Stealth Impeachment" Continues

Judge Newman files a powerful reply to the unprecedented claim of the Federal Circuit's Judicial Council that she can be suspended from her duties indefinitely. And the Judicial Council's recent hiring of adversarial experts raises new questions about bias against Judge Newman.

Reason

The Motion to Dismiss the Charges Against Mayor Adams Is Easily Supportable

The Justice Department's decision to seek dismissal of the pending charges seems like standard fare in plea bargaining and helps to support a top Administration policy.

Reason

More on the Outrageous Eric Adams Deal

Co-blogger Josh Blackman gets the Eric Adams Affair all wrong

Reason

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One-Man Rule

What happens when a President doesn't care whether his actions comply with the law? We are about to find out.

Reason

Has Any Reporter Asked Justice Jackson To Comment On Her Talisman Worn To The Inauguration?

How many reporters asked Martha Ann Alito about her flags?

Reason

Courts Shouldn't Rely on Election Returns to Give Trump a Blank Check for Policies Motivated by Unconstitutional Discrimination

The key issue in such cases is the motivation of the official who adopted by the policy, not who voted for him.

Reason

SCOTUS "road map" to prosecute Trump

Special counsel has "more than enough incriminating evidence" to move forward if he cuts official acts from charges

Salon

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The Precedential Value of Robinson, a Reply to Josh

It's a weird case, but Robinson's death before the case was heard is old news.

Reason

Banana Republican

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

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

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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.

Roll Call

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.

Reason

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.

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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

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…

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