Josh Blackman is a constitutional law professor at the South Texas College of Law Houston, an adjunct scholar at the Cato Institute, and the President of the Harlan Institute. Follow him @JoshMBlackman.
Latest from Josh Blackman
An intriguing new book from Dean Reuter, Colm Lowery, and Keith Chester
My new book with Randy Barnett had been sold out since its release date!
Predict all of the biggest cases at the Supreme Court
The Inspector General, General Services Administration, Refuses to Acknowledge Her Plain Error About the Domestic Emoluments Clause
During the 1793 auction, President Washington purchased public, not private land.
High School Students Can Write Briefs and Make Oral Arguments for Espinoza v. Montana Department of Revenue
Editor: "We failed to meet our editorial standards for fairness and accuracy"
Fisher I, Windsor, Noel Canning, Hobby Lobby, Obergefell, Fisher II, Whole Woman's Health
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.
DOJ’s Schrödinger’s Briefs in the Emoluments Clauses litigation are in tension with a 2009 OLC Opinion
Frank Bednarz and Ted Frank submitted a FOIA Request to DOL for messages from Bloomberg Law's Ben Penn
Heller, Citizens United, Stevens, McDonald, Snyder, Brown, and NFIB
The Congressional Research Service Has Shifted Its Position on Whether the Foreign Emoluments Clause Applies to the President
CRS has relied on Tillman’s Scholarship about who holds an “Office . . . under” the United States
Gratz, Grutter, Lawrence, McConnell, Raich, Kelo, McCreary County, and Van Orden
Lopez, Seminole Tribe, Romer, Virginia, City of Boerne, Printz, Morrison
Dole, Morrison, Johnson, Smith, New York, R.A.V., Casey, Church of the Lukumi
Roe, Frontiero, Buckley, Craig, Bakke, Penn Central, and Cleburne
Journalists should not waste time scrolling through a decade of old Facebook postings with the sole purpose of trying to find something offensive
Brown, Bolling, Lee Optical, Cooper, Sherbert, Sullivan, Heart of Atlanta, McClung, Griswold, Loving, and O'Brien
Wickard, Korematsu, and Youngstown
O'Gorman, Stromberg., Nebbia, Schechter Poultry, West Coast Hotel, Jones & Laughlin Steel, Carolene Products, Darby
Buchanan, Hammer, Schenck, Debs, Abrams, Penn. Coal, Adkins, Meyer, Pierce, Gitlow, and Buck
Cruikshank, Strauder, Civil Rights Cases, Yick Wo, Hans, E.C. Knight, Plessy, Champion, Lochner, and Muller
Prigg, Dred Scott, Merryman, Dewitt, Hepburn, Knox, Slaughter-House, and Bradwell
Chisholm, Marbury, McCulloch, Gibbons, and Barron
This book and video series teaches the narrative of constitutional law as it has developed over the past two centuries.
Why did "sources familiar with the private Supreme Court deliberations" talk to CNN about the Census Case?
What do we make of the Department of Commerce leak? And did Justice Sotomayor lose the majority opinion in Gundy?
President Trump's Tweet Demonstrates Why He Can Rescind His Predecessor's Immigration Policy
My annual remembrance of September 11, 2011
I hope to see you on the road!
Judge Don Willett Says No, Citing "Nonpublic 'Internal Court Policies'"
Reporter Ben Penn failed to detect obvious sarcasm, and made a blatantly false statement about Leif Olson's career
Judges Ho and Oldham: "Originalism for plaintiffs, but not for police officers, is not principled judging. Originalism for me, but not for thee, is not originalism at all."
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
Justice Gorsuch was right to rely on her account of Schechter Poultry in "The Forgotten Man"
I use my CUNY protest to assess how the First Amendment—and broader principles of free speech—should treat the heckler’s veto on today’s college campuses.
DOJ (Quietly) Prefers Justice Thomas’s Approach from Murphy v. NCAA: Only Enjoin the Provisions that Injure the Plaintiffs
The Structure of NFIB v. Sebelius: Parts III.A, III.B, III.C, and III.D
When and How Can Lower-Court Judges Be Originalists?
If the Private Plaintiffs in NFIB v. Sebelius were injured by the mandate, then the Private Plaintiffs in Texas v. U.S. are injured by the mandate
[A guest-post by Prof. Josh Blackman (South Texas College of Law), a noted expert on Obamacare-related litigation. -EV]
[I'm delighted that Profs. Josh Blackman and Seth Barrett Tillman, have passed along this response to the recent decision in the Emoluments Clause litigation against President Trump; naturally, I'd be delighted to post a response in turn from their adversaries. -EV]