We Are All Federalists Now. Chief Justice Rehnquist's prescient prediction in Garcia v. San Antonio Metropolitan Transit Authority (1985) reason.com/2020/04/14/we-… Here is my quote to @washingtonpost washingtonpost.com/nation/2020/04…

Thanks to @marklevinshow @foxnews, #IntroConLaw spiked at #9 on Amazon Bestseller List. We are completely sold out. You can still buy the kindle version for the fitting price of $17.76. @RandyEBarnett amzn.to/2SvZyej Or purchase from @WKLegalEdu wklegaledu.com/BarnettBlackma…

https://twitter.com/marklevinshow/status/1226538138790715397

@marklevinshow @FoxNews @RandyEBarnett @WKLegalEdu #IntroConLaw has now peaked at #4 on Amazon Bestseller list. We are ahead of Kobe and Jessica Simpson, right behind Elmo. You can still buy the kindle version for the fitting price of $17.76. @RandyEBarnett amzn.to/2SvZyej Or from @WKLegalEdu wklegaledu.com/BarnettBlackma…

1/ The @GAO found that OMB violated the Impoundment Act, and suggested that the President violated his duty to take care that the laws are faithfully executed. gao.gov/products/B-331… 2/ To be precise, POTUS did not (and could not) personally violate the Impoundment Act, because the law does not control his personal actions. His liability, if it exists at all, derives from his failure to supervise that his subordinates faithfully execute the law.

1/ ACA Update. Both the Blue States and California have filed petitions for certiorari, and motions to expedite:
States Petition: drive.google.com/file/d/1HxNCFR…
States Expedite: drive.google.com/file/d/1wNKjAT…
House Petition: drive.google.com/file/d/1-IYICY…
House Expedite: drive.google.com/open?id=1KpzN-… 2/ The House proposes two briefing schedules to resolve case this term.
1 - Respondent brief due on 1/21 (18 days), petition circulated for 1/24 conference, argue at end of April
2 - Respondent brief due on 2/3 (1 month), petition circulated for 2/21 conference, arg in May

Attorney General Barr to give the 15th Annual Olson Lecture #FedSoc2019 Standing Ovation for AG Barr

.@senatemajldr gets standing ovation .@senatemajldr says @FedSoc is invaluable partner to rebuild the judiciary, brick by brick. Being senate majority leader is like being groundskeeper of cemetery. Everyone above you. No one listens.

Thanks to @FrankBednarz & @tedfrank, we have @benjaminpenn email from @BLaw to @USDOL re Leif Olson. No, he didn't just send the screenshot and ask for comment. He made misleading comments about the posts, and said his editors (plural) were working on it reason.com/2019/10/03/ben… Update via @tedfrank: @benjaminpenn sent the email to @USDOL on the Friday before Labor Day, asking for a same-day comment. The story did not run till Tuesday. Had @BLaw given a bit more time to review the posts, this entire fiasco could have been averted reason.com/2019/10/03/ben…

Media for #IntroConLaw
1/ @RandyEBarnett and I launched our book at @GUConstitution @GeorgetownLaw @GtownFedSoc. Here is the video: 2/ I recorded an interview about our book and Constitution Day on @newstalk1130 @VickiMcKenna Show soundcloud.com/josh-blackman-…

Panel 3 at @CatoInstitute Constition Day with @andrewmgrossman, @IlyaSomin, @walterolson, and @ProfWrightGMU #CatoSCOTUS Panel 4 at @CatoInstitute Constitution Day with @JanCBS, @EHSlattery, @TCBurrus, @TomGoldsteinSB

⚖️ An Introduction to Constitutional Law: 100 #SCOTUS Cases Everyone Should Know
🖋️ By @RandyEBarnett & @JoshMBlackman
3️⃣ Plans:
1. 📺 Videos bit.ly/100CasesVideo
2. 🖥️ E-Book + 📺 Videos bit.ly/100CasesEbook
3. 📖 Paperback + 📺 Videos bit.ly/100CasesBook
#IntroConLaw Part I | Foundational Cases on Constitutional Structure: Chisholm, Marbury, McCulloch, Gibbons, and Barron
🔗conlaw.us/cases/by-topic…
#IntroConLaw #SCOTUS

I will be talking about Free Speech in campus at @StJohnsLaw #fedsocevents My second event of the day at @QuinnipiacLaw @QPAC_FEDSOC on Sanctuary Cities and Progressive Federalism

First panel at Texas @FedSoc conference: Proposed Reforms to Texas Judicial Selection #fedsocevents Second panel at Texas @FedSoc conference: Discussion on Nationwide Injunctions
Kyle Hawkins, Texas SG explained that before the election, red states obtained several nationwide injunctions. After the election, "Blue states said, 'Hold, my beer.'"

Cheif Justice Hecht at Texas Supreme Court Historical Society:
"There is nothing worse than a dumb judge who works hard." @SCOTXHistSocy Judge Jennifer Walker Elrod introduces our speakers, Justice Gorsuch and Chief Justice Hecht

Thrilled to be at the Texas Capitol for @BrettBusby investiture. Justice Gorsuch will administer the oath to his fellow White clerk #SCOTUS .@blakeahawthorne introduces the Texas Supreme Court #oyezoyezoyez

Prop2 Class #1: Adverse Possession: The Theory and Elements
Prop2 Class #2: Mechanics of Adverse Possession: Tacking and Adverse Possession of Chattels

ConLaw Class 1 - The Founding
ConLaw Class 2: Foundational Cases on Constitutional Structure: The Marshall Court

My new post on @VolokhC "Bloomberg Law's False and Misleading Report about Leif Olson." reason.com/2019/09/03/blo… @VolokhC cc: @tedfrank @benjaminpenn @Yair_Rosenberg @philipaklein @BLaw @gabrielmalor @ErikWemple @TPCarney

1/ CA3, applying American Legion, finds that Latin Cross on the 75-year old seal of Lehigh Valley, does not violate Establishment Clause. drive.google.com/open?id=1JmxMw… J. Hardiman writes majority, joined by Krause and Bibas (Disc: the Jewish Coal for Relig Liberty filed a brief here.) 2/ The panel notes that J. Gorsuch cast doubt on "offended-observer" standing status, but declines to disturb those precedents

1/ Art. III, Sec. 2 provides "[i]n all Cases . . . in which a State shall be [a] Party, the supreme Court shall have original Jurisdiction." Does the text of the Constitution grant #SCOTUS the discretion to decline jurisdiction of a case in which "a State shall be [a] Party"? 2/ In Nebraska v. Colorado, Justices Thomas and Alito said #SCOTUS could not decline to exercise jurisdiction in a suit between two states. Federal law provides that #SCOTUS has "exclusive" jurisdiction over such suits.
supremecourt.gov/opinions/15pdf…

1/ In April, I flagged a CA11 en banc case concerning Terry v. Ohio. The majority (per J. Pryor) said it was controlled by #SCOTUS precedent. The dissent (J. Jordan) said that the original meaning of the 4th Amendment supported the defendant.

https://twitter.com/JoshMBlackman/status/1118255630060597249

2/ I discuss this exchange in my new draft article, "Originalism and Stare Decisis in the Lower Courts" papers.ssrn.com/sol3/papers.cf…

1/ "Under a proposed policy, which has been circulated within the administration, any immigrant who crossed the border without authorization and has been in the country less than two years could be subject to expedited removal orders"
buzzfeednews.com/article/hameda… 2/ I wrote about this policy in February 2017, and have been waiting for it to drop. joshblackman.com/blog/2017/02/2…
Tired of the Emoluments and Take Care Clauses? Get ready for the Suspension Clause!