Josh Blackman

Non-Sequiturs

Non Sequiturs: 12.16.18

* In case you missed it (the news broke on Friday night), Judge Reed O’Connor (N.D. Tex.) held that the Affordable Care Act aka Obamacare is unconstitutional, in the wake of last year's tax reform that reduced the ACA's "shared responsibility payment" for lacking health-care coverage to zero. [MedCity News] * Josh Blackman agrees with Judge O'Connor the constitutionality of the individual mandate, but disagreed with his severability analysis. [Reason / Volokh Conspiracy] * Meanwhile, fellow Volokh Conspirator Samuel Bray is glad that the court didn't issue a national injunction. [Reason / Volokh Conspiracy] * Adam Feldman takes a closer look at the Federal Circuit's relationship to the Supreme Court -- including which members of the Federal Circuit are most frequently vindicated by SCOTUS. [Empirical SCOTUS] * Carrie Severino shares the disappointment of her former boss, Justice Thomas, in Chief Justice Roberts and Justice Kavanaugh voting against certiorari in Gee v. Planned Parenthood of Gulf Coast. [Bench Memos / National Review] * Eric Turkewitz calls out members of the media for misreporting on a routine trip-and-fall case because they don't like the plaintiff's famous father. [New York Personal Injury Law Blog] * Oakland is going on the offensive against the NFL, firing off a 49-page complaint signed by James Quinn of Berg & Androphy, among others. [The MMQB / Sports Illustrated] * Speaking of Berg & Androphy, name partner David Berg offers expert insights on what it takes to win as a trial lawyer. [YouTube]

By David Lat
Non-Sequiturs

Non Sequiturs: 11.18.18

* Walter Dellinger and Marty Lederman offer their analysis of the Office of Legal Counsel memo, written by Assistant Attorney General Steve Engel, on the appointment of Matthew Whitaker as Acting Attorney General. [Just Security] * WWRMD: What Would Robert Mueller Do, in the event that he's fired by Matt Whitaker? His options would be limited, according to Joel Cohen and Jennifer Rodgers. [The Hill] * As for who will become the next Senate-confirmed Attorney General, here are some possibilities -- including Glenn Reynolds's picks. [Instapundit] * Victoria Baranetsky, general counsel at the Center for Investigative Reporting, argues that the Jim Acosta case is about protecting press rights as well as due process. [Take Care] * Facebook friends aren't "real" friends -- at least according to this interesting new opinion from the Florida Supreme Court, highlighted by Eugene Volokh. [Reason / Volokh Conspiracy] * Managing partners don't get no respect at law firms -- and Bruce MacEwen thinks that's a problem. [Adam Smith Esq.] * Even though it has been out for just a few months, Westlaw Edge already has 1,500 subscribers -- and if you're thinking about getting it, tune in to this (sponsored) webinar to learn more. [Dewey B Strategic] * Yesterday I spoke at the Federalist Society National Lawyers Convention on a panel about technology, social media, and legal ethics, featuring Judge Don Willett (5th Cir.), Chief Judge Stephen Dillard (Ga. Ct. App.), Josh Blackman, and John Browning. Check it out!

By David Lat
Non-Sequiturs

Non-Sequiturs: 07.22.18

* Which lawyers write the best Supreme Court amicus briefs? Adam Feldman uses Ross Guberman's BriefCatch tool to find out. [Empirical SCOTUS] * In advance of Judge Brett Kavanaugh's SCOTUS confirmation hearings, Carrie Severino has this handy roundup of eight important Kavanaugh opinions. [Bench Memos / National Review] * Speaking of which, Professor Steve Vladeck raises some good possible questions for the nominee about the interaction between Morrison v. Olson and special counsel Robert Mueller's investigation. [Lawfare] * I don't think Roe is getting overruled -- but if it were to be overturned, what would happen to state abortion prohibitions that have not been officially repealed? [Josh Blackman] * On that same subject, Professor Michael Dorf wonders: could Justice Thomas save abortion rights? [Take Care] * Wherein Jonathan Adler and James Ho (now Judge James Ho) agree with Elie Mystal on the wrongness of that recent Washington Post op-ed about birthright citizenship. [Volokh Conspiracy / Reason] * Is your legal department a "goat rodeo"? You're not alone, according to Casey Flaherty. [3 Geeks and a Law Blog]

By David Lat
Non-Sequiturs

Non-Sequiturs: 07.08.18

* After the D.C. Circuit, which circuit has produced the most justices who have joined the Supreme Court after 1900? The answer might surprise you. [Empirical SCOTUS] * Here are thoughts on the SCOTUS shortlisters from my colleague Joe Patrice -- who explains why it's unlikely we'll get another Souter. [The Takeaway / WNYC] * Here are where the leading Court candidates stand on issues of admin law, courtesy of Chris Walker and company. [Notice & Comment / Yale Journal on Regulation] * And here's a response to my argument that liberals shouldn't panic about SCOTUS, from San Francisco litigator Gordon Renneisen. [Law360] * Leah Litman believes that the new justice spells trouble for Roe -- but the specific reasoning for undermining Roe could take different forms. [Take Care] * Josh Blackman explains why court packing would be neither feasible nor wise. [National Review] * Veronica Root uses law clerk hiring as a jumping-off point to explain why diversity and compliance are deeply intertwined. [PrawfsBlawg] * "Mysterious men and women in wizard-like robes make decisions in private that profoundly shape our lives." Are we talking about SCOTUS, or... The Incredibles? [Gizmodo]

By David Lat
Non-Sequiturs

Non-Sequiturs: 04.15.18

* Has it really come to this? Protesting a nice, nerdy, thoughtful law professor, simply because he questions the constitutionality of DACA (while supporting the DREAM Act)? [Josh Blackman] * How much should we read into Team Mueller's reassurance to President Trump that he is a subject rather than a target of its investigation? Not much, according to veteran criminal defense lawyer Joel Cohen. [The Hill] * How would William Howard Taft have responded to attacks on judges? The POTUS turned SCOTUS chief was quite prescient about judicial independence -- as explained by Jeff Rosen, author of a new Taft biography (affiliate link). [Volokh Conspiracy / Reason] * Speaking of SCOTUS, what's it like to work in the Solicitor General's Office? One of the OSG's newest members, former SCOTUS clerk Jonathan Ellis, pulls back the curtain. [Penn Law via How Appealing] * How does Justice Gorsuch compare to Justice Scalia -- not just in terms of personality, but also in terms of jurisprudence? [Empirical SCOTUS] * And speaking of Justice Gorsuch, congratulations to Tobi Young, who will be clerking for NMG in October Term 2018 -- and who is believed to be the first enrolled citizen of a Native American tribe to clerk for the Court. (By the way, I have another SCOTUS clerk hiring roundup in the works, so please send me your hiring news.) [Chickasaw Nation] * Are you a healthcare lawyer? You might be interested in this new tool from Bloomberg Law. [Dewey B Strategic] * Friendly reminder: the Global Legal Hackathon is entering its final stage, and you're invited -- hope to see you on April 21! [Artificial Lawyer]

By David Lat