Josh Blackman Profile picture
LawProf @STCL_Houston, Adjunct Scholar @CatoInstitute, @HarlanInstitute, #FantasySCOTUS, Author #IntroConLaw, #Unraveled, #Unprecedented
Hecate's Crossroad #QVArmy Profile picture 1 subscribed
Sep 8, 2018 31 tweets 8 min read
Judge Edith Jones introduces Justice Thomas for the Inaugural Gregory S. Coleman Memorial Lecture #FedSocEvents 2/ Greg Coleman clerked for Judge Jones and Justice Thomas
Aug 31, 2018 8 tweets 5 min read
1/ Judge Hanen declined to issue a preliminary injunction in the DACA case, but strongly hinted he would issue a declaration that DACA was unlawful. This decision is perhaps the least chaotic approach to tee this issue up for prompt #SCOTUS review.… 2/ J. Hanen found he was not bound by the District Courts that previously issued nationwide injunctions. He's right. I made this point on @lawfareblog in May. The prior cases concerned legality of recission. Texas's case concerned legality of DACA itself…
Aug 1, 2018 11 tweets 4 min read
In four days, I made oral arguments in four separate courts (WDTX, EDPA, WDWA, and NJ Superior Court), and filed a total of 10 pleadings:

1/ Motion in Opposition to Motion to Intervene (WDTX July 27, 2018)… 2/ Motion in Opposition to Motion for a Temporary Restraining Order (WDTX July 27, 2018)…
Aug 1, 2018 12 tweets 8 min read
1/ In the span of about 36 hours, I was featured on 11 TV and radio stations, plus countless other print interviews (including @AP, @Reuters, @NYTimes, @CNN, @WashingtonPost, @ABC, @CBS, etc). The first exclusive w my old friend @MikeSacksEsq on @fox5ny 2/ @BretBaier picked up that interview on @SpecialReport @FoxNews (at 1:37)
Jul 31, 2018 6 tweets 3 min read
Breaking: Washington and eight other states have sought a TRO and prior restraint on information posted on the internet. Regardless of your opinions on gun control, this case would set a dangerous 1st Amendment precedent. I will argue the TRO today.… We have filed a response to Washington's temporary restraining order. Their prior restraint violates the First Amendment, but it also cannot succeed on the merits: licensure decisions are not subject to APA…
Jul 24, 2018 10 tweets 4 min read
1/ Divided 9th Circuit panel finds that 2nd Amendment "Second Amendment encompasses the right of a responsible law-abiding citizen to carry a firearm openly for self-defense outside of the home"… - J O'Scannlain & Ikuta in majority. J Clifton in dissent. 2/ Panel distinguishes Hawaii case from Peruta (San Diego): "Young’s claim therefore picks up where Peruta’s left off and presents an issue of first impression for this circuit: whether the Second Amendment encompasses a right to carry firearms openly in public for self-defense."
Jul 20, 2018 4 tweets 4 min read
Breaking: 5th Circuit en banc splits 8-7 on Mance v. Holder (2nd Amendment case) - Dissentals from Elrod, @JusticeWillett, and Ho.… Next stop, #SCOTUS 1/ Judge Elrod reiterates her analysis from Houston v. City of New Orleans (citing Judge Kavanaugh). The 2nd Amendment is not subject to any balancing test: strict or intermediate scrutiny
Jul 19, 2018 4 tweets 2 min read
.@dorfonlaw asks "Would J. Thomas really strike down federal legislation restricting abortion?" #SCOTUS… Follow-up Q: Would liberal bloc join CT opinion that rolls back New Deal settlement on enumerated powers. This join would be very different than joining JGR saving construction in NFIB.
Jul 10, 2018 6 tweets 7 min read
I am pleased to announce that a settlement has been reached in @DefDist et al v. @StateDept. (I have served as counsel for @Radomysisky and @2AFDN since 2015). Press release:… I will have more comment about our victory in due time. My involvement began in 2014 when I wrote article for @UTKLaw Rev. Symposium hosted by @instapundit. My article, "The 1st Amendment, 2nd Amendment, and 3D Printed Guns," attracted @Radomysisky attention. Then he hired @alangura, me, et al to sue @StateDept…
May 21, 2018 5 tweets 6 min read
1/ Three Important admin law developments in Epic Systems. First, #SCOTUS applies the so-called Major Question doctrine to another context--labor relations. I discuss this doctrine in my @HarvLRev article on Zubick/Texas… 2/ Second, though #SCOTUS declined to revisit Chevron--no one asked it to--it rejects deference because NLRB does not administer the Arbitration Act. That would not have been Congress's intent.
Apr 18, 2018 7 tweets 4 min read
There is much to be excited about J. Gorsuch's opinion in Dimaya: in particular, his discussion of how vague statutes implicates the separation of power. Expect these passages to be cited for decades to come in opinions concerning the non-delegation doctrine. #SCOTUS 2/ This passage from J. Gorsuch's Dimaya opinion may also shed light on his views concerning economic liberty. He lists "remedies that strip persons of their professional licenses and livelihoods" (unenumerated right) alongside the enumerated takings clause. #SCOTUS
Feb 26, 2018 19 tweets 11 min read
Breaking: @TXAG @KenPaxtonTX and @WisDOJ file 20-state lawsuit challenging constitutionality of ACA's individual mandate based on tax-reform bill… 20 states seek to hold Roberts to his saving construction: "Because this recent amendment renders legally impossible #SCOTUS prior savings construction of ACA's core provision—the individual mandate—the Court should hold that the ACA is unlawful and enjoin its operation."
Feb 22, 2018 7 tweets 5 min read
1/ PA Republicans seek emergency stay from J. Alito: "unless this Court intervenes to enforce the distinction within the state between “the Legislature thereof” and the other branches, the Elections Clause will be rendered meaningless." #SCOTUS… 2/ The basis of the challenge is one of delegation: does the Constitution delegate the map-drawing power to the state legislature (law-making) or the state court (law-interpreting)?
Feb 20, 2018 9 tweets 4 min read
J. Thomas dissents from denial of cert in Silvester v. Becerra, which "California’s 10-day waiting period for firearms." CT writes "the Second Amendment is a disfavored right in this Court."… J. Thomas made a similar point in a Dec. 2015 dissent-from-denial of cert.… There, J. Scalia joined him. Here, J. Thomas writes alone.
Jan 3, 2018 7 tweets 3 min read
1/ Paul Manafort’s suit against DOJ, Rod Rosenstein, and Robert Mueller, is perplexing for (at least) three reasons. First, why did Manafort lodge these arguments as part of a collateral attack on his indictment, rather than directly as a motion to dismiss the indictments? 2/ Second, even if the suit is successful, and the Court sets aside all actions taken by Muller, nothing would prevent the Department of Justice from appointing another special counsel who could simply follow the exact same prosecution strategy.
Dec 21, 2017 16 tweets 8 min read
Breaking: SDNY Grants Government's Motion to Dismiss in CREW v. Trump - "Lack of standing."… #Emoluments @SethBTillman 2/ The court indirectly addressed the argument advanced by @SethBTillman and me. Rather than accepting Plaintiffs' position that Foreign Emoluments Clause applies to *all* federal officials, Judge Daniels said it applies to "certain" officials.
Dec 6, 2017 5 tweets 2 min read
Through @JudicialWatch #FOIA request, insights into Sally Yates's final days at DOJ, and her refusal to defend the travel ban:… 1/ p. 29 - the letter from WH firing Yates