Congratulations to Randy Barnett and Josh Blackman, Whose Work Was Cited by Justice Thomas's Dissent in Trump v. Barbara

The dissent cited Randy's Trump Is Right on Birthright Citizenship and an annotated transcript of John Marshall Harlan's 1897-98 Lectures on Constitutional Law, edited by Brian Frye, Michael McCloskey, and Josh.

Comments

[Drewski]

Can't help but feel like Barnett wished for a citation and the monkey's paw curled. That one will haunt him.

As much as I hate to admit it, Josh's citation was well-earned for real academic work. So congratulations, really, and I hope you focus on that sort of thing more and gossip-mongering less.

[Dr. Ed 2]

And maybe 50 years from now, if the Republic survives (and with this decision, I doubt it will), SCOTUS will finally realize that Josh was right.

What I fear is that this will lead to a second incarnation of the Know Nothing movement, and that got nasty the first time….

[Glaucomatose]

The Republic has been surviving just fine with this interpretation for the last 150 years.

[Murcushio]

Why on earth do you fear that? You endorse the Know-Nothings line on... just about everything I've seen you talk about, really.

[Murcushio]

Being in Alito's Fox News Grandpa rant is a mark of shame rather than pride.

[ScottK]

EV is firmly in the club, though not auditioning for Josh's dream job.

[Sarcastr0]

There was a VC post about the virtues of engaging with bad scholarship, specifically on this issue.

I ate it up. The solution to bad scholarship is lots of good scholarship.

That’s been proven to be nonsense. 5 Justices didn’t bother with abstruse debunkings, 2 discarded their textualism and crafted their own middle ways.

And 2 cited the bad scholarship, good scholarship bedamned.

Might be better to not engage and leave bare who swallows the muck, with no pretext of respecting the debate.