Josh Blackman @JoshMBlackman Twitter profile

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Josh Blackman

@JoshMBlackman

2 years

Breaking. 5th Circuit panel stays OSHA vaccine mandate

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Josh Blackman

@JoshMBlackman

5 years

NZ has made "it a crime to possess or distribute" the manifesto. The country's Chief Censor (yes that is his title) said "People who have downloaded this document, or printed it, should destroy any copies." The state has already charged 2 ppl for sharing

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Josh Blackman

@JoshMBlackman

5 years

Justices Thomas, Alito, Gorsuch, and Kavanaugh in the house. Standing ovation

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Josh Blackman

@JoshMBlackman

3 years

Honoring Justice Thomas's 30th Anniversary on the Bench #scotus @Heritage

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Josh Blackman

@JoshMBlackman

2 years

The New York Times lists sixteen news stories above the attempted murder of a Justice.

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Josh Blackman

@JoshMBlackman

4 years

Breaking: Texas Supreme Court holds that lack of immunity to COVID-19 is not a disability that requires mail-in voting

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Josh Blackman

@JoshMBlackman

7 years

Kushner told editor of @ObserverNewYork , which he owned, to run "hit job" on competitor. Unaware of actual malice

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Josh Blackman

@JoshMBlackman

4 years

Standing Ovation for AG Barr

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Josh Blackman

@JoshMBlackman

7 years

Keep an eye on this story. Court rejected executive privilege argument bc memo prepared before inauguration

The Hill

@thehill

7 years

Judge orders Trump to share Giuliani memo on crafting "legally sound" Muslim ban

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Josh Blackman

@JoshMBlackman

7 years

Never, ever talk about a private investigation of the President at a "popular Washington steakhouse"

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Josh Blackman

@JoshMBlackman

7 years

Halting CSR payments and illegal subsidies for Congress would comply with the law

Donald J. Trump

@realDonaldTrump

7 years

If a new HealthCare Bill is not approved quickly, BAILOUTS for Insurance Companies and BAILOUTS for Members of Congress will end very soon!

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Josh Blackman

@JoshMBlackman

4 years

We hear irresponsible proposals to do away with electoral college or pack the courts. Who is shredding constitutional norms?

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Josh Blackman

@JoshMBlackman

4 years

Progressives teach politics as a religion. Mission: use coercive power of the state to remake society in their own image, according to an abstract ideal of perfection. Whatever means they use are therefore justified bc they are virtuous ppl pursuing deific end.

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Josh Blackman

@JoshMBlackman

4 years

Through the scorched earth, no holds barred war of resistance, the left is shredding rule of law and undermining rule of law.

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Josh Blackman

@JoshMBlackman

4 years

Attorney General Barr to give the 15th Annual Olson Lecture #FedSoc2019

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Josh Blackman

@JoshMBlackman

6 years

Wednesday: @alfranken on @JusticeWillett tweet: "I don’t get it, But sometimes when you don’t get a joke, it’s because it wasn’t a joke.” Thursday: @alfranken "As to the photo, it was clearly intended to be funny but wasn’t."

'Al Franken Kissed and Groped Me Without My Consent'

Leeann Tweeden, a radio host, came forward to accuse the Democratic senator of inappropriate behavior on a 2006 USO tour.

www.theatlantic.com

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Josh Blackman

@JoshMBlackman

4 years

Gov. DeSantis announces civics requirements for high school "High school seniors will now be required to pass a civics exam similar to the citizenship exam taken by naturalized citizens."

Gov. DeSantis announces civics requirements for high school seniors

Governor Ron DeSantis announced that High School seniors will be required to take civics if they want to graduate

www.fox4now.com

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Josh Blackman

@JoshMBlackman

4 years

My New Eight-Monitor Display. I added a mini-monitor, right behind my camera, to serve as a teleprompter during Zoom sessions.

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Josh Blackman

@JoshMBlackman

6 years

"the veneration of Justice Ginsburg shows what the left really likes in a Supreme Court justices—reliably left wing results even if they come from an ethically challenged and not otherwise particularly distinguished justice." #scotus

Law & Liberty

@LawLiberty

6 years

. @joldmcginn The Troubling Apotheosis of the Notorious RBG:

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Josh Blackman

@JoshMBlackman

3 years

Trump at CPAC: "We're getting some unexpected rulings because the nine justices do not want to be packed." As usual, Trump says the quiet part out loud.

Trump at CPAC: "We're getting some unexpected rulings because the nine justices do not want to be...

As usual, Trump says the quiet part out loud.

reason.com

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Josh Blackman

@JoshMBlackman

3 years

Breaking: #SCOTUS issues injunction in Roman Catholic Diocese of Brooklyn v. Cuomo. ACB joins the four Calvary Chapel dissenters. Roberts dissents on narrow grounds, but seems to agree on merits.

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Josh Blackman

@JoshMBlackman

4 years

Every major policy of the Trump administration has been subject to immediate freezing by the lower courts. No other president has been subjected to such sustained efforts to debilitate his agenda.

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Josh Blackman

@JoshMBlackman

6 years

This scurrilous attack on @JusticeWillett has no basis in reality. The record is replete with letters defending his record as a judge, as a boss, as a mentor, and as a friend. I will tweet several of these letters.

Senator Mazie Hirono

@maziehirono

6 years

At 11:00 a.m., @SenJeffMerkley , @nwlc 's @FGossGraves & I will be speaking out against Fifth Circuit nominee Don Willett & so many others Trump judicial nominees who are #BadForWomen . Watch live at #CourtsMatter

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Josh Blackman

@JoshMBlackman

5 years

Gorsuch: "In our constitutional order, a vague law is no law at all." Kavanaugh: "The Court usually reads statutes with a presumption of rationality and a presumption of constitutionality." #SCOTUS

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Josh Blackman

@JoshMBlackman

5 years

This accusation of antisemitism is baseless. Leif was willing to serve as local counsel for an amicus brief I wrote for the Jewish Coalition for Religious Liberty, but had a firm conflict, and couldn't. This reporting, which tarnished a person's livelihood and good name, is lazy.

(((tedfrank)))

@tedfrank

5 years

Tell me, what honest report calls this sarcastic criticism of anti-Semites anti-Semitic? Leif is a friend, and I’d trust him with my Jewish life. I’m appalled at Bloomberg’s hit piece disrupting his life for no reason.

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Josh Blackman

@JoshMBlackman

6 years

Breaking news from #scotus . @Lin_Manuel , who was sitting to my left, signed my pocket constitution. It is very nice to have Hamilton on my side.

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Josh Blackman

@JoshMBlackman

7 years

. @tedcruz We must keep up the fight and never, ever ever give in. Our nation, our Constitution, is worthy of the utmost deovtion #FedSoc2016

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Josh Blackman

@JoshMBlackman

4 years

Topic: The Constitution's approach to executive power. More than any other branch, the executive branch has met the expectations of the framers. We've seen a steady encroachment on executive branch by other branches.

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Josh Blackman

@JoshMBlackman

7 years

This may have been deliberate...

Kenneth P. Vogel

@kenvogel

7 years

Here's a photo of Ty Cobb & John Dowd casually & loudly discussing details of Russia investigation at @BLTSteakDC while I sat at next table.

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Josh Blackman

@JoshMBlackman

4 years

Immediately after the election, opponents adopted what they called the resistance. They would every tool to sabotage the functioning of the executive branch. Resistance is the term used to describe insurgency by occupying military power. It connotes gov is not legitimate.

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Josh Blackman

@JoshMBlackman

4 years

Conservatives do not seek earthly paradise. We are preserving over the long run freedom and order for healthy development of natural civil society and individaul human flourishing. We test the propriety and wisdom under a rule of law standard.

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Josh Blackman

@JoshMBlackman

4 years

Since Trump has taken office, district courts have issued more than 40 nationwide injunctions. During Obamas first two terms, district courts were issued twice, both immediately vacated by the 9th Circuit.

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Josh Blackman

@JoshMBlackman

4 years

. @senatemajldr gets standing ovation

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Josh Blackman

@JoshMBlackman

4 years

The travel ban was amply supported by law and patiently litigated through the courts for vindication. Measures taken by this administration seem tame when compared to the unprecedented steps taken by Obama administration use of executive power.

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Josh Blackman

@JoshMBlackman

6 years

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.

072418 9th Cir Young v Hawaii 2nd Amendment Decision

www.documentcloud.org

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Josh Blackman

@JoshMBlackman

4 years

Instead of viewing themselves as loyal opposition, they are engaged in war to cripple by any means necessary a duly elected government. A prime example is Senate's unprecedented abuse of advice and consent process.

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Josh Blackman

@JoshMBlackman

4 years

That's a wrap. Another standing ovation.

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Josh Blackman

@JoshMBlackman

6 years

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.

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Josh Blackman

@JoshMBlackman

6 years

"As White House counsel, not a personal lawyer, [McGahn] viewed his role as protector of the presidency, not of Mr. Trump."

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Josh Blackman

@JoshMBlackman

7 years

After call from @mjs_DC , #SCOTUS clerk notifies amici to use pronoun "his," not "her" in Gloucester v. GG caption

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Josh Blackman

@JoshMBlackman

4 years

This process has substantially weakened the presidency to the detriment of the nation.

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Josh Blackman

@JoshMBlackman

6 years

Students at CUNY Law Protested and Heckled My Lecture about Free Speech on Campus

Importance of Free Speech on Campus [Prof. Josh Blackman]

CUNY FedSoc Eminent Speaker Series Presents:Importance of Free Speech on CampusFeaturing:Prof. Josh BlackmanSouth Texas College of Law HoustonThursday, March...

www.youtube.com

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Josh Blackman

@JoshMBlackman

7 years

Tonight I was a guest on @LouDobbs @FoxBusiness to talk about Justice Gorsuch's confirmation #SCOTUS

Lou Dobbs Tonight - Fox Business Network (4/7/17) - Justice Gorsuch's...

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www.youtube.com

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Josh Blackman

@JoshMBlackman

5 years

Great news. Leif Olson was reinstated. “The acting secretary personally made this decision after carefully reviewing all the facts and circumstances. He concluded that a correction is much better than an injustice.”

EXCLUSIVE: Labor Department To Reinstate Aide Wrongfully Accused Of Anti-Semitism

Leif Olson will return to the Labor Department after resigning when a Bloomberg reporter accused him of anti-Semitism days after moving to DC for the job

dailycaller.com

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Josh Blackman

@JoshMBlackman

5 years

District Court dismisses defamation action against @Project_Veritas and @JamesOKeefeIII - The edits did not change the meaning of the Plaintiff's words.

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Josh Blackman

@JoshMBlackman

4 years

People think the greatest danger of government--becoming oppressive--is from the executive branch. And the legislative and judicial protect the people from an autocrat. That's how the media portrays the separation of powers. This view is wrong. (I'm at the media table)

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Josh Blackman

@JoshMBlackman

4 years

. @senatemajldr We have flipped the 2nd Circuit, the 3rd Circuit, and we will flip the 11th circuit. My motto: leave no vacancy behind

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Josh Blackman

@JoshMBlackman

5 years

Uber and Lyft drivers at DCA shut off their apps, wait for a $13 surge, and then turn their apps back on. The effort is coordinated by people tracking the prices in a nearby lot. At DCA, I have reverted to cabs. They're about the same price and are quicker

Uber, Lyft drivers manipulate fares at Reagan National causing artificial price surges

Every night, several times a night, Uber and Lyft drivers at Reagan National Airport simultaneously turn off their ride share apps for a minute or two to trick the app into thinking there are no...

wjla.com

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Josh Blackman

@JoshMBlackman

3 years

Can President Trump be Impeached and Removed on the Grounds of Incitement? If Trump’s speech is protected by the First Amendment, then incitement cannot be grounds for impeachment.

Can President Trump be Impeached and Removed on the Grounds of Incitement?

If Trump’s speech is protected by the First Amendment, then incitement cannot be grounds for impeachment.

reason.com

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Josh Blackman

@JoshMBlackman

4 years

Will use any means necessary to achieve their ends, regardless of the collateral consequences and systemic implications. Never ask if action could be applied by a general rule of conduct, equally applicable to all sides. What if show was on the other foot?

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Josh Blackman

@JoshMBlackman

6 years

California city to remove statue of President McKinley, "a proponent of 'settler colonialism' that 'savaged, raped and killed.'" The Mayor asked "Is there a difference between honoring McKinley and Robert E. Lee...They both represent historical pain."

First it was Confederate monuments. Now statues offensive to Native Americans are poised to topple...

Over the decades, this quiet coastal hamlet has earned a reputation as one of the most liberal places in the nation.

www.latimes.com

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Josh Blackman

@JoshMBlackman

3 years

Texas Strikes First, Seeks To Block Biden Administration's 100 Day Moratorium on Deportations. On January 8, DHS and Texas signed agreement that put limits on changes to immigration policy.

Texas Strikes First, Seeks To Block Biden Administration's 100 Day Moratorium on Deportations...

On January 8, DHS and Texas signed agreement that put limits on changes to immigration policy.

reason.com

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Josh Blackman

@JoshMBlackman

7 years

What?!

Donald J. Trump

@realDonaldTrump

7 years

Congress now has 6 months to legalize DACA (something the Obama Administration was unable to do). If they can't, I will revisit this issue!

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Josh Blackman

@JoshMBlackman

6 years

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.

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Josh Blackman

@JoshMBlackman

5 years

1/ Thread analyzing Judge O'Connor's ACA decision

Texas v. U.S. - Mandate-Severability Opinion.pdf

drive.google.com

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Josh Blackman

@JoshMBlackman

7 years

The President is his own worst enemy and quite possibly the worst client the SG has ever had.

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Josh Blackman

@JoshMBlackman

4 years

At every juncture where the country has faced a great challenge, the American presidency has stepped to the floor and provided the perseverance to surmount the challenges, and brought us through to success. We need to preserve the framers vision of a strong, independent exec

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Josh Blackman

@JoshMBlackman

4 years

The judicial branch. The judicial branch has encroached on executive responsibility. 1. The Court has appointed itself as ultimate arbiter of separation of powers disputes.

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Josh Blackman

@JoshMBlackman

4 years

Avalanche of subpoenas is plainly designed to incapacitate the executive branch.

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Josh Blackman

@JoshMBlackman

4 years

Congress has withdrawn from legislating, it has a lot of time on its hands. Opposition party has drowned the executive branch with oversight demands for documents and testimony. Congress has some oversight power as an incident to its legislative power.

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Josh Blackman

@JoshMBlackman

4 years

Congress has largely abdicated its primary function: lawmaking on pressing issues. This trend started with the creation of so-called independent agencies nominally within the executive branch.

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Josh Blackman

@JoshMBlackman

6 years

. @CFPBDirector reverses policies at @CFPB , #Resistance forms “Dumbledore’s Army," uses text messages and encrypted apps to secretly communicate about government business

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Josh Blackman

@JoshMBlackman

4 years

I am often really, really critical of Roberts, but he was built for this job. What an unflappable reaction. Deep respect for the Chief.

Heather Monahan

@HeatherMonahan_

4 years

WOW. Chief Justice John Roberts just had to read aloud Sen. Elizabeth Warren's question...about whether he loses credibility for presiding over a trial without witnesses or evidence.

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Josh Blackman

@JoshMBlackman

4 years

Barr moves onto rescission of DACA. The 5th Circ concluded that closely related DAPA policy was unlawful. Given that DACA was discretionary, and four justices apparently thought indistinguishable policy was unlawful, Trump determined that DACA should be suspended.

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Josh Blackman

@JoshMBlackman

4 years

We ask what impact on society over long run if action we are taking was universalized, in all like circumstances. That is inherent in conservative project.

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Josh Blackman

@JoshMBlackman

6 years

Students at CUNY Law Protested and Heckled My Lecture about Free Speech on Campus

Importance of Free Speech on Campus [Prof. Josh Blackman]

CUNY FedSoc Eminent Speaker Series Presents:Importance of Free Speech on CampusFeaturing:Prof. Josh BlackmanSouth Texas College of Law HoustonThursday, March...

www.youtube.com

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Josh Blackman

@JoshMBlackman

5 years

Seven years ago, today.

Donald J. Trump

@realDonaldTrump

12 years

John Roberts arrived in Malta yesterday. Maybe we will get lucky and he will stay there.

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Josh Blackman

@JoshMBlackman

6 years

The Framers of the 5th and 14th Amendment approved of the Oxford Comma: "life, liberty, or property." Not "life, liberty or property." #appellatetwitter

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Josh Blackman

@JoshMBlackman

4 years

The framers viewed the legislative branch as the most dangerous branch. Madison - Drawing all powers into its "impetuous vortex."

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Josh Blackman

@JoshMBlackman

4 years

Subpoenas issued to executive branch officials to determine his motives is no more proper than a subpoena issued to a judge to determine the real reasons for his decision

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Josh Blackman

@JoshMBlackman

6 years

Kudos to @JusticeWillett for advancing. It is sad that he only received 50 votes. #AppellateTwitter

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Josh Blackman

@JoshMBlackman

4 years

150 Law School Deans ask ABA to require "bias, cultural competence, and anti-racism" training. Law schools should be very, very careful before imposing loyalty pledges and flawed social science testing on faculty and students.

150 Law School Deans ask ABA to require "every law school [to] provide training and education...

Law schools should be very, very careful before imposing loyalty pledges and flawed social science testing on faculty and students.

reason.com

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Josh Blackman

@JoshMBlackman

5 years

. @OrrinHatch - "You may not know this but I was one of the original Federalists. The 1790s were a busy time for me." #FedSoc2018

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Josh Blackman

@JoshMBlackman

4 years

Can a future President form a functioning government if his or her party does not own the Senate?

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Josh Blackman

@JoshMBlackman

7 years

RBG is wearing her dissent jabot #scotus

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Josh Blackman

@JoshMBlackman

5 years

When I read the Letter, I assumed the following exchange. ABA: Will you be fair to the LGBT community?. VanDyke: I will be fair to everyone. ABA Letter: VanDyke "would not say affirmatively that he would be fair to any litigant before him, notably members of the LGBT community."

🇺🇸 Mike Davis 🇺🇸

@mrddmia

5 years

The ABA letter falsely claims that Lawrence VanDyke "would not say affirmatively that he would be fair to any litigant before him, notably members of the LGBTQ community." In fact, he flatly told the secret ABA evaluator (Marcia Davenport) that he would be fair to all litigants.

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Josh Blackman

@JoshMBlackman

4 years

2. The Court has usurped authority for itself under rubric of "review," substituting its judgment to executive, in areas committed to the executive, or by assuming direct control over issues considered at the core of presidential power.

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Josh Blackman

@JoshMBlackman

5 years

Breaking: DOJ notifies DMD that it will "shortly" file mandamus petition in Emoluments Clause case

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Josh Blackman

@JoshMBlackman

4 years

Grammar school version of framing was that it was a rebellion against monarchical power, and the goal of the framers was to keep the executive weak. This is misguided. After Glorious Revolution, Parliamentary Supremacy reigned. Prime antagonist of founders was Parliament.

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Josh Blackman

@JoshMBlackman

4 years

The Constitution gives Congress many clubs to beat the executive. But not going to courts. When the Court resolves a dispute between the political branches, the court does not act as a co-equal.

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Josh Blackman

@JoshMBlackman

4 years

Under Articles of Confederation, on executive power. Changed with Convention of 1787. Miracle in Philadelphia was the creation of a strong executive, independent of, and co-equal with other branches of government.

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Josh Blackman

@JoshMBlackman

7 years

. @JusticeWillett and Jim Ho are fantastic selections for 5th Circuit. Kudos to WH for picking these qualified nominees. #appellatetwitter

Bob Garrett

@RobertTGarrett

7 years

Trump picks TX Supreme Court justice Don Willett, ex-TX solicitor general Jim Ho for 5th Circuit. #txlege @pfikac :

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Josh Blackman

@JoshMBlackman

2 years

So Long As Dobbs Remains Undecided, The Lives of the Justices Are At Risk. The Dobbs 5 should immediately issue an unsigned per curiam order, with an opinion to follow, even over the Chief Justice's objection.

So Long As Dobbs Remains Undecided, The Lives of the Justices Are At Risk

The Dobbs 5 should immediately issue an unsigned per curiam order, with an opinion to follow, even over the Chief Justice's objection.

reason.com

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Josh Blackman

@JoshMBlackman

4 years

The travel ban was based on plain statutory text, in black and white. Common denominator: the countries were hubs of terrorist activity, and lacked law enforcement agencies to identify security risks.

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Josh Blackman

@JoshMBlackman

4 years

President Trump will have spent his entire first term enforcing Obama discretionary policy, and half of SCOTUS determined that indistinguishable policy was unlawful.

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Josh Blackman

@JoshMBlackman

7 years

Tweet is inaccurate. The court's order did no such thing. It only impacted those currently in custody.

ACLU

@ACLU

7 years

WATCH: ACLU Executive Director Anthony D. Romero coming out of the court where the ACLU just argued and won block of Trump's Muslim ban.

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Josh Blackman

@JoshMBlackman

5 years

Future nominees should not agree to talk with the ABA without the presence of a court reporter. These interviews should be treated as depositions.

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Josh Blackman

@JoshMBlackman

5 years

The ABA letter was, at best, misleading. Going forward, nominees should treat these interrogations as hostile depositions. A court reporter and videographer should be present. If the nominees is rated NQ, the video and transcript should be released.

Judicial Nominees should only meet with ABA investigators if a court reporter is present

The ABA's report about Lawrence VanDyke included a claim that is, at best, misleading

reason.com

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Josh Blackman

@JoshMBlackman

4 years

Courts have usurped presidential decisionmaking. They have expanded the scope of judicial review. Many critical decisions are not amenabel to the model of judicial decisionmaking.

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Josh Blackman

@JoshMBlackman

4 years

Courts should not substitute their judgments for the judgment reached by the accountable executive branch. Today, they do so on matters of national security and foreign affairs. The travel ban is a good example.

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Josh Blackman

@JoshMBlackman

6 years

And he's confirmed! @JusticeWillett is now Judge Willet. Now don't forget the delivery of the commission. See Marbury v. Madison!

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Josh Blackman

@JoshMBlackman

6 years

"the George Costanza of federal bureaucrats still won’t leave. She’s burrowing in, still claiming to be the acting director, and still issuing memos to staff that everyone ignores...Mick Mulvaney, is trying to run the place despite this resistance"

Leandra English Hangs On

The would-be CFPB usurper still refuses to leave the office.

www.wsj.com

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Josh Blackman

@JoshMBlackman

4 years

The deck is stacked against the executive. Since the 1960s the powers of the executive have been grinded down. The President's discretion has been smothered by the other branches.

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Josh Blackman

@JoshMBlackman

4 years

But if we capture them, the military is tied down to spend years to interminable litigation as to whether there was a sufficient basis to capture this prisoner. The doctrine of separation of powers has been eroded.

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Josh Blackman

@JoshMBlackman

6 years

The files have been online for years.

NPR

@NPR

6 years

It’s unclear how the temporary order can be enforced. The plans were already placed online days ago and downloaded thousands of times and posted online elsewhere.

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Josh Blackman

@JoshMBlackman

4 years

On same day President broadcasted negotiations with Congress, district judge in CA enjoined rescission of daca nationwide. Negotiations collapsed. one side achieved its preferred outcome through judicial means.

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Josh Blackman

@JoshMBlackman

4 years

RBG on Supreme Court Vacancies in 2016 and in 2020. 2016: Fill it. 2020: Don't fill it.

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Josh Blackman

@JoshMBlackman

4 years

Here is the text of AG Barr's address

U.S. Department of Justice

@TheJusticeDept

4 years

Attorney General William P. Barr Delivers the 19th Annual Barbara K. Olson Memorial Lecture at the Federalist Society's 2019 National Lawyers Convention

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Josh Blackman

@JoshMBlackman

4 years

I may have inspired this New Yorker cartoon.

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Josh Blackman

@JoshMBlackman

4 years

And elected branches have no incentive to debate the issues. Won't take hard choices to forge a compromise. The political branches can work out political controversies without resorting to the court. The courts cannot meaningful resolve interbranch disputes.

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