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
Trump Teases Further on Executive Order on Pre-Existing Conditions: It's a "Double Safety Net" and a "Second Platform."
I think the President is hinting, even more strongly, at the executive order proposed in the Cato Amicus brief.
Will the Marks Rule Inter Two of Justice Kennedy's Decisions from OT 2015?
Fisher II had a four-member majority. And at least one court read June Medical as overruling WWH in part.
The Statutory Authorization for President Trump's Memorandum Deferring Payroll Tax Obligations
26 U.S.C. 7508A gives the Secretary the authority to "specify a period of up to 1 year that may be disregarded in determining, under the internal revenue laws, in respect of any tax liability of such taxpayer" whether the "Payment of any income, estate, gift, employment, or excise tax or any installment thereof or of any other liability to the United States in respect thereof" was "performed within the time prescribed therefor . . . of such disaster or action."
The Statutory Authorization for President Trump's Disaster Relief Memorandum
42 U.S.C. 5174(e)(2): "The President, in consultation with the Governor of a State, may provide financial assistance" to "an individual or household in the State who is adversely affected by a major disaster" to address "other necessary expenses or serious needs resulting from the major disaster."
The Mechanics of President Trump's Payroll Tax Deferral Memorandum
Defer payroll taxes till December 31, 2020, and forgive them if Trump wins re-election.
The Mechanics of President Trump's Disaster Relief Memorandum
States can choose to obtain additional funding for providing unemployment benefits.
Tentative Thoughts on Trump's Four Executive Actions
The Trump Administration tries to employ the Regents strategy before the election.
President Trump's Four Executive Actions
(1) Student loan payment relief, (2) assistance to renters and homeowners, (3) deferring payroll tax obligations, (4) assistance for COVID-19.
The Eleventh Circuit Grapples With Title IX, and the Equal Protection Clause, in the Wake of Bostock
Judge Martin and Chief Judge Pryor vigorously disagree over how to characterize a bathroom case from Florida.
Trump Teases Executive Order On Pre-Existing Protections, I Suspect, To Help With ACA Litigation
The Cato Institute's amicus brief in California v. Texas proposed a very similar idea.
Louisiana Supreme Court Justice Who Cast Deciding Vote For Diploma Privilege Has Daughter Who Will Receive Diploma Privilege
Justice Wiemer said he did not need to recuse, or disclose the fact that his daughter was scheduled to take the bar exam.
Should Colleges Force Students To Turn Their Cameras On?
What about students who do not wish to share their image?
University of Southern Maine Asks Students and Faculty to Sign "Black Lives Matter Statement and Antiracism Pledge"
The President of the University will post a public list of signatories. Nonsignatories may be subject to retaliation.
In Committee v. McGahn, There is no Equitable Cause of Action to Enjoin Unlawful Executive Action
This issue keeps popping up in litigation against the Trump Administration. The Supreme Court should resolve this question.
Justice Kagan Orders Parties To Submit A Brief "Not To Exceed 100 Words"
Students can never again complain about word limits.
Cancelling John Marshall?
Will the Great Chief Justice be given the Roger Taney Treatment?
Eighth Circuit Panel Finds that CJ Roberts's Opinion in June Medical is Controlling
And panel agrees with Justice Kavanaugh that "five Members of the Court reject[ed] the Whole Woman’s Health cost-benefit standard."
"The Most Gullible Man in Cambridge" and 28 U.S.C. § 1332(a)
Professor Bruce Hay sued an LLC in diversity jurisdiction, but failed to note the citizenship of each member of the LLC.
HLLI Challenges Constitutionality of Pennsylvania Rule 8.4(g)
The Hamilton-Lincoln Law Institute files suit in EDPA on behalf of a FIRE attorney who speaks at CLE events on "hot-button legal issues."
Calvary Chapel to Hold Prayer Service (for Trump) at Las Vegas Casino.
Evangelicals find a way to pray en masse in Nevada.
Seventh Circuit Recognizes that McGirt v. Oklahoma Departed From Longstanding Precedent
Justice Gorsuch's majority opinion may have promoted textualism, but it did not recognize a departure from Stare Decisis.
New in Newsweek: "A Supreme Court divided cannot stand. John Roberts must step up or step off."
Here are five steps Chief Justice Roberts can take to bring the Court back in order. If by next July, Roberts cannot step up to this challenge—either through his own ineptitude or his own malfeasance—then he should step down from the Court.
150 Law School Deans ask ABA to require "every law school [to] provide training and education around bias, cultural competence, and anti-racism"
Law schools should be very, very careful before imposing loyalty pledges and flawed social science testing on faculty and students.
Faculty and Student Pledges
Universities can ask members of the community to stay safe during the COVID pandemic. But they cannot prescribe what shall be orthodox.
The Highlights of Joan Biskupic's Four-Part Series
The most important elements of the Supreme Court leaks.
Reminder: The Federalist Society Does Not Take Positions On Legal Questions.
That rule applies to Steve Calabresi, and Student Chapters.
Did Justice Thomas quietly dissent in Little v. Reclaim Idaho in light of his dissent from Doe v. Reed?
Roberts, Alito, Gorsuch, and Kavanaugh concurred in the grant of the stay. Sotomayor and Ginsburg dissented. What about Justices Thomas, Breyer, and Kagan?
Leaks from the Supreme Court, Part IV: The Tax Return Cases from Roberts's Perspective
Part IV is mostly a rehash of Part III, though we learn that RBG is only telling some of members about her health.
Predictions for Part IV of CNN Leak Series: Our Lady of Guadalupe, Little Sisters, of the Poor, and Espinoza
Justices Breyer and Kagan flex their moderate muscles to narrow Guadalupe and Little Sisters, but cannot persuade the stubborn Chief Justice on Espinoza
Leaks from the Supreme Court, Part III: Justice Kavanaugh's Weak and Ineffective Term
After two days of hero worship for Chief Justice Roberts and Justice Gorsuch, day three dumps on the Junior Justice.
New in NRO: Gorsuch and Kavanaugh Declare Their Independence from Trump
In the tax return cases, the Trump Appointees "managed to separate themselves from this president but carefully guarded presidential authority for decades to come."
The Trump Administration Begins DACA Rescission 3.0, And Moots All Pending Challenges to the 2017 Dukes Memorandum and the 2018 Nielsen Memorandum
DHS Secretary Wolf Withdrew the 2017 Dukes Memorandum and the 2018 Nielsen Memorandum. Attorney General Barr withdrew the 2014 OLC Opinion on DAPA and Sessions 2017 Letter to Dukes.
Leaks From the Supreme Court, Part II: Justice Gorsuch Look Decisive and In Control
Yesterday was pro-Chief Justice Roberts day on CNN. Today is pro-Justice Gorsuch day. Justice Kagan is lurking in the background.
