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The Latest Breaking News from Josh Blackman

On Schadenfreude

It is time, I suggest, to give what-about-ism a well-deserved burial.

Reason

The Quid Pro Quo, Redux

Another step towards acknowledging the obvious

Reason

What Have We Learned about Justice Barrett? (Updated)

Perceptions of Amy Coney Barrett may have changed more than her jurisprudence or voting record.

Reason

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Josh Blackman Among New Members of Religious Liberty Commission Advisory Board of Legal Experts

From the White House statement; congratulations to Josh on the appointment! The list also includes: Francis Beckwith … Professor of… The post Josh Blackman Among New Members of Religious Liberty Commission Advisory Board of Legal Experts appeared first on Reason.com.

Reason

Chief Justice John Roberts Rightly Condemns Trump's Call to Impeach Judges who Rule Against Him

There is no justification for such impeachment efforts.

Reason

Should the Charges Against Mayor Adams Now Be Dismissed With Prejudice … Because of Prosecutorial Misconduct?

That's the powerful argument that Mayor Adams's lawyers are making, citing (among other grounds) the leaking of a resignation letter containing "the wildly inflammatory and false accusation that Mayor Adams and his counsel had, in essence, offered a quid to the Department of Justice in exchange for the quo of…

Reason

The Battle over Judge Newman's Unconstitutional "Stealth Impeachment" Continues

Judge Newman files a powerful reply to the unprecedented claim of the Federal Circuit's Judicial Council that she can be suspended from her duties indefinitely. And the Judicial Council's recent hiring of adversarial experts raises new questions about bias against Judge Newman.

Reason

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The Motion to Dismiss the Charges Against Mayor Adams Is Easily Supportable

The Justice Department's decision to seek dismissal of the pending charges seems like standard fare in plea bargaining and helps to support a top Administration policy.

Reason

More on the Outrageous Eric Adams Deal

Co-blogger Josh Blackman gets the Eric Adams Affair all wrong

Reason

One-Man Rule

What happens when a President doesn't care whether his actions comply with the law? We are about to find out.

Reason

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?

Reason

Courts Shouldn't Rely on Election Returns to Give Trump a Blank Check for Policies Motivated by Unconstitutional Discrimination

The key issue in such cases is the motivation of the official who adopted by the policy, not who voted for him.

Reason

SCOTUS "road map" to prosecute Trump

Special counsel has "more than enough incriminating evidence" to move forward if he cuts official acts from charges

Salon

The Precedential Value of Robinson, a Reply to Josh

It's a weird case, but Robinson's death before the case was heard is old news.

Reason

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Reason

Banana Republican

I found myself disagreeing with some of the points made in co-blogger Josh Blackman's post this morning entitled "I could carve a judge with more backbone out of a banana." Instead of a point-by-point rebuttal, here is a set of more general observations: Law is not like the game of…

Reason

Report from Israel: Israelis Aren't Out for Vengeance, But For Safety and Security

One constant refrain I have seen in the media since Hamas' Oct. 7 massacre is that Israel is seeking "revenge" in Gaza, or "retaliating" for Oct. 7. Israel, by contrast, asserts two primary motivations--return of its hostages, and the defeat of Hamas to restore Israeli security. Having just returned from…

Reason

Which Circuit Had The Highest Reversal Rate?

It was not the Fifth Circuit.

The Texas Tribune

Again and again, U.S. Supreme Court slaps down 5th Circuit

The New Orleans-based court, which hears Texas cases, is pushing the federal judiciary to the right, even when it gets overturned by a higher court.

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Reason

Abortion, Guns, and Hunter Biden.

Plus: A listener asks the editors about the Selective Service.

Reason

Do Supreme Court Justices Have Real Friends?

A response to Josh.

Reason

The Supreme Court Was Right to Consider Andrew Cuomo's Unconstitutional Motives in NRA v. Vullo—and the same Principle Applies to Trump and Other Presidents

Chief executives' illicit motives can render their subordinates' actions unconstitutional. There is good reason for courts to enforce that rule.

Roll Call

Supreme Court to decide contentious issues amid ongoing criticism - Roll Call

The Supreme Court is about to issue dozens of decisions that include hot-button political issues amid criticism of their ethics.

Reason

2024 Texas Review of Law & Politics—Jurist of the Year

On April 13, 2024, I was honored to accept the Jurist of the Year award from the Texas Review of Law & politics. Perhaps more importantly, I was quite pleased to see the Josh Blackman Bobblehead. I stand in some great company. Here is the audio, where you'll hear comments…

Reason

The Case for Caution on Reacting to the Judicial Conference Press Release on Forum-Shopping

We should wait until we know what (if anything) is happening.

Reason

The Judicial Conference Legislates From The Shadow Docket

The Chief Justice and his associates target only one type of forum shopping in response to political criticism through a secret policy that will not be released for months.

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