Josh Blackman

He advanced conservative judicial skepticism of the administrative state, handed a short-term victory to progressives, and still left open the possibility that the census question will prevail.

Everyone agrees that Congress should do this, there is no reason we should still be fighting about this in the courts.

The past year has taken a wild ride on the Deferred Action for Ch... by Josh Blackman

The past year has taken a wild ride on the Deferred Action for Childhood Arrivals story.

One state can not censor the speech of a citizen in another state... by Josh Blackman

One state can not censor the speech of a citizen in another state.

This is a free speech case. This isn't a gun case, one state can not censor the speech of a citizen in another state.

On the whole there is a lot in Judge Kavanaugh's record to admire. This opinion, however may be an outlier because Judge Kavanaugh showed too much of a hesitancy to critically interpret the law Congress actually wrote.

I'd be hesitant reading too much into this, the travel ban focuses on a very specific attribute of immigration, which is entry. It doesn't focus on people who are already here. So this doesn't necessarily speak to something like Deferred Action for Childhood Arrivals, or asylum, people who already entered United States.

Had the court come out differently, and they rejected Trump's ban altogether, that would have signaled,' You're screwed,' had President Donald Trump lost this, it basically would have been ballgame over, resistance prevailed. But that's not what happened.

Anyone who was paying attention knew what was going to come next : Texas was going to sue, and they chose to do so yesterday, i basically have expected this all along, because my assumption right from the start was that when they filed the initial DAPA litigation that they made a strategic decision not to include DACA in their complaint because DACA was too popular a program.

I had serious déjà vu last night. by Josh Blackman

I had serious déjà vu last night.

Texas is suing Trump to make him rescind a policy he actually wants to rescind, but there are judges saying he can't... this is why I get these phone calls.

If the court upholds the travel ban on statutory grounds, it will signal that Congress has for decades vested the president with the flexibility to respond to an unforeseeable national security dynamic.

If the Supreme Court rules that the President's actions can be halted based on his campaign statements, courts will be drawn into the unenviable position of serving as fact-checkers for the executive branch.

The broadest way that the Court could rule is that the President failed to take care that the laws are faithfully executed, such a ruling could radically alter the scope of how presidents act without Congress.

The court has the potential to make a broad statement on President Obama's unprecedented use of prosecutorial discretion in order to re-write laws he does not like.

Almost three months later, we are still waiting on a decision. by Josh Blackman

Almost three months later, we are still waiting on a decision.

Contrary to Schumer's suggestion, a working gun does not pop out of the 3-D printer ready to fire, like a pop-tart from the toaster, using a 3-D printer to create the parts, and assemble them, is a time-intensive process that requires advanced knowledge of machining and gunsmithing.

Let technology and our constitutional rights be free. by Josh Blackman

Let technology and our constitutional rights be free.

The moral outrage over this reflects how uninformed people are on... by Josh Blackman

The moral outrage over this reflects how uninformed people are on the history of the RFRA.

The [state] government has no role in enforcing it, so basically every Texas citizen is now a private attorney general.