Josh Blackman is a constitutional law professor at the South Texas College of Law Houston and the President of the Harlan Institute. Follow him @JoshMBlackman.
Josh Blackman
Latest from Josh Blackman
Judge Bibas: "Wisdom does not always find me, so I try to embrace it when it does—even if it comes late, as it did here"
Judge Bibas, sitting by designation in the District of Delaware, revises his prior summary judgment opinion.
DACA, ACA, FCPA
Prosecutorial discretion comes full circle.
Trump: "I always abide by the courts, but then I'll have to appeal it."
Everyone take a deep breath.
President Trump's Removal Letter of NLRB Member Gwynne Wilcox
The President did offer some potential causes for removal.
A Very Different Constitutional Immunity Amendment
The "forgiveness doctrine" should be the basis for continued immunity while in office.
The Flip-Side to CFPB v. CFSAA: What if the Director Requests $0 in appropriations?
Congress has no role in funding the CFPB. The Director can request as much as is "reasonably necessary." What if he decides that amount is $0?
Can President Trump Appoint Himself Chairman of the Kennedy Center Board of Trustees?
There is no Incompatibility Clause problem. And so long as the position is uncompensated, there would be no problem with the Domestic Emoluments Clause.
The Fair Labor Standards Act Imposed A Ban On Child Labor That Was "Identical" To the Child Labor Provision Declared Unconstitutional In Hammer v. Dagenhart
Congress enacted a facially unconstitutional provision, and the Solicitor General could only ask the Supreme Court to overrule Hammer.
The Hughes Court Repudiated FDR In Humphrey's Executor, and the Roberts Court Will Repudiate Trump by Maintaining Humphrey's Executor
The separation of politics, not the separation of powers, will decide Wilcox v. Trump.
If Biden Knocked Tiktok, Can Trump Deep-Six DeepSeek?
The government would have a much stronger interest to ban a Chinese AI app that collects proprietary information than to ban a social media app that displays dance videos.
AP Asked Justice Jackson About Her Inauguration Attire
There was not exactly a denial.
Will Trump Make An Article II Override Argument To Justify Firing IGs Without Providing 30 Days Notice?
Does Trump think the 30 day notice requirement infringes his Article II powers? Will he cite President Obama's refusal to provide notice of the Bowe Bergdahl transfers?
Members of the International Criminal Court Need To Relearn The Lesson of Marbury v. Madison
Jefferson likely would have ignored any command from Chief Justice Marshall, and Marbury did not issue such a command.
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?
Why United Does Not Allow You To Use In-Flight Screen As Extended Display
The limitation is not technology, but confidentiality.
New Essay at Civitas: "Trump Must Pick Judges Who Have Publicly Demonstrated Their Courage"
"The most important predictor of behavior on the bench is judicial courage."
Can The President Unilaterally Declare An Invasion?
Or can only Congress declare an invasion, like Congress has the sole power to declare war?
DHS Will Enforce Expedited Removal To "Full Scope Of Its Statutory Authority"
DHS will subject to expedited removal aliens "who are apprehended anywhere in the United States more than 100 air miles from a U.S. international land border, and who have been continuously present in the United States for less than two years"
SCOTUS GVRs Capital Case After 13 Reschedules And 10 Relists
It seems to have taken some time to corral Justice Barrett's vote in a case involving evidence and sex-based slurs.
