Josh Blackman » My Publications, Speaking, Commentary, Litigation, and other Accomplishments in 2015

My Publications, Speaking, Commentary, Litigation, and other Accomplishments in 2015

December 31st, 2015

I regularly updated my CV with my latest accomplishments. Here are my new additions in 2015.

Published Articles

State Judicial Sovereignty, 2016 Illinois Law Review __ (Forthcoming 2016).
Collective Liberty, 67 Hastings Law Journal __ (Forthcoming 2016).
Popular Constitutionalism After Kelo, 23 George Mason Law Review ___ (Forthcoming 2016).
The Process of Marriage Equality, 42 Hastings Constitutional Law Quarterly __ (Forthcoming 2016).
Immigration Inside The Law, 55 Washburn Law Journal ___ (Forthcoming 2016).
The Constitutionality of DAPA Part I: Congressional Acquiescence to Deferred Action, 103 Georgetown Law Journal Online 96 (2015).
The Constitutionality of DAPA Part II: Faithfully Executing The Law, 19 Texas Review of Law & Politics 215 (2015).

Visit my SSRN page to view all of my works.

Book Chapters

The Path of Big Data and the Law, in “Jayasuriya and Ritcheske’s Big Data, Big Challenges in Evidence-Based Policy Making” (West Academic Publishing, American Casebook Series 2015) (TOC, Amazon).
From Being One L to Teaching One L, in One L. (Forthcoming 2016)

Academic Presentations

“Collective Liberty,” Loyola Chicago Constitutional Law Colloquium, November 6, 2015.
The Roberts Court at 10, Southeastern Association of Law Schools Annual Conference, July 28, 2015.
King v. Burwell, Southeastern Association of Law Schools Annual Conference, July 27, 2015.
“Collective Liberty,” Floyd Abrams Freedom of Expression Scholars Conference, at Yale Law School, May 1, 2015.
“Popular Constitutionalism After Kelo,” AALS Annual Meeting, Hot Topic Program, January 4, 2015 (Audio and video here).
“Gridlock and Executive Power,” Federalist Society Faculty Conference, Young Legal Scholars Panel, January 4, 2015 (Audio here).

Testimony

Testified Before United States House of Representatives Judiciary Committee – Hearing on Unconstitutionality of President Obama’s Executive Overreach on Immigration, February 25, 2015 (Photos and Videos here).

Commentary

“Justice Thomas: Second Amendment Is Not a ‘Second-Class Right,’” National Review, December 8 2015.
“The Supreme Court Should Hurry Up and Wait on Immigration,” The Federalist, November 24, 2015. (Reprint, Commentary).
“What Next Year’s Attack on Obamacare Will Look Like,” The Daily Beast, September 29, 2015 (with Ilya Shapiro).
“The Next Justices: A guide for GOP candidates on how to fill Court vacancies,” The Weekly Standard, September 14, 2015 (with Randy E. Barnett) (PDF).
“How King v. Burwell Will Save the Little Sisters of the Poor,” National Review, July 17, 2015.
“Chief Justice Roberts’s Once Again Saves The ACA with the “Obamacare Canon,” CaseText, June 26, 2015.
“Roberts rewrites Obamacare, again: Opposing view,” USA Today, June 25, 2015.
“President Obama and arguments about pending Supreme Court cases,” National Constitution Center – Constitution Daily, June 17, 2015 (Cross-Posted at Yahoo! News).
“The Legality of Executive Action after King v. Burwell,” Engage, June 8, 2015.
“Halting Obama’s Immigration End-Run Around Congress,” National Review, May 28, 2015.
“Is Indiana Protecting Discrimination?,” National Review, March 30, 2015.
“Obama: Giving Immigrants Work Permits Is Vital for National Security,” National Review, March 24, 2015.
“The President Cannot Bypass the Courts,” National Review, March 19, 2015.
“Federalism Will Sink, Not Save, Obamacare,” National Review, March 10, 2015.
“A Litmus Test for ObamaCare and the Rule of Law,” The Wall Street Journal, February 27, 2015 (with Ilya Shapiro) (Excerpt).
Obama’s ‘Complete Abdication’ of the Law, National Review, February 18, 2015.

Media

Cited in Government Can’t Censor Digital Expression Just Because Someone Somewhere Might Use It for Unlawful Purposes, Cato At Liberty (December 21, 2015)
Quoted in Lincoln Caplan, “Rhetoric and Law: The double life of Richard Posner, America’s most contentious legal reformer,” Harvard Magazine (January 2016).
Interviewed on KTSA Newsradio San Antonio for segment on Texas “One Person, One Vote” case, December 7, 2015
Cited in America’s Most-Cited Jurist Hates Words And History, The Federalist (December 2, 2015).
Cited in Obama immigration legacy could hang on 30-day extension, Politico (November 23, 2015).
Guest on ALEC HHS Task Force Conference Call on the Affordable Care Act update (November 17, 2015).
Quoted in The Clock Is Ticking On DAPA, And Only The Supreme Court Can Save, Huffington Post (November 12, 2015).
Guest on PBS News Hour for segment on immigration, the Supreme Court, and the 2016 election (November 11, 2015) (Video).
Quoted in “Is It Too Late for Obama On Immigration Reform?” PBS Frontline (November 11, 2015) (Segment).
Quoted in “U.S. justices’ 2007 climate change ruling looms over immigration case,” Reuters (November 11, 2015).
Quoted in “A Ruling Against the Obama Administration on Immigration,” The Atlantic (November 10, 2015).
Quoted in “Obama’s Unilateral Presidency Faces Full Court Press,” Investors Business Daily (November 10, 2015).
Quoted in Charlie Savage, Power Wars: Inside Obama’s Post-9/11 Presidency (2015) (excerpt).
Appeared on a National Public Radio’s All Things Considered, Stalled Legal Process Threatens Obama’s Executive Actions On Immigration (October 28, 2015).
Quoted in “Aging Supreme Court energizes Republicans more than Democrats in 2016 race,” USA Today (October 25, 2015) (Excerpts).
Quoted in “Texas launches new ACA legal attack,” Modern Healthcare (October 22, 2015).
Quoted in “Obama loses another round in House Republicans’ ACA lawsuit,” Modern Healthcare (October 20, 2015) (Excerpts).
Quoted in “Fate of Obama’s landmark immigration order in doubt,” The Houston Chronicle (October 14, 2015) (Excerpts).
Quoted in “Obama Executive Action Deadline Approaches As Federal Court Mulls Legality Of Deferred Deportation Expansion,” International Business Times (October 14, 2015).
Quoted in “In Courts, Running Out the Clock on Obama Immigration Plan,” The New York Times, Page A1 (October 14, 2015) (PDF).
Cited in, “Supreme Court Inadvertently Announces Argument Date in Voting Case,” National Law Journal (October 5, 2015).
Quoted in “Supreme Court Justices Get More Liberal As They Get Older,” FiveThirtyEight (October 5, 2015).
Cited in, “Supreme Court Prepares to Take On Politically Charged Cases,” The New York Times (October 4, 2015).
Quoted in “A Chief Justice Without a Friend,” The New York Times (October 1, 2015).
Guest on National Constitution Center “We the People” Podcast (October 1, 2015) (Audio here and here).
Quoted in “What Boehner’s exit means for the ongoing Obamacare battles,” Modern Healthcare (September 30, 2015).
Guest on Federalist Society Teleforum on Texas RFRA (September 30, 2015).
Quoted in “Legal fight over Obama’s immigration orders may outlast his presidency,” CNN.com (September 29, 2015).
Quoted in “Why The Most Urgent Civil Rights Cause Of Our Time Is The Supreme Court Itself,” TPM (September 28, 2015).
Quoted in “Justice Alito Critiques Supreme Court Colleagues,” Legal Times (September 21, 2015).
Quoted in “Alito Says He’s Startled by White House Assertions of Executive Power,” WSJ Law Blog (September 21, 2015).
Guest on the Dan Caplis Show to discuss “The Next Justices,” 710 KNUS Denver (September 21, 2015) (Audio here).
Quoted in “Obama administration likely to appeal preliminary ACA ruling,” Modern Healthcare (September 10, 2015).
Cited in “EPA carries on Obama’s contempt for rule of law,” The Washington Examiner (August 31, 2015).
Quoted in “The Rehabilitationists,” The New Republic (August 30, 2015).
Cited in “Dissenter blasts Posner’s Internet research in inmate’s suit over acid reflux treatment,” ABA Journal, August, 20, 2015.
Interviewed on Cato Daily Podcast to discuss amicus brief in Little Sisters of the Poor v. Burwell (Page, Podcast, Audio)
Guest on Bloomberg Law Radio, “Rights of Non-Citizens Under Second Amendment,” Bloomberg Radio, August 21, 2015 (audio here).
Quoted in Are Topless Times Square Panhandlers Covered by the First Amendment?, WSJ Law Blog, August 21, 2015.
Quoted in Math Professor–and Sock Possessor–Seeks Cover from SCOTUS Again, Bloomberg BNA US Law Week Blog, August, 20, 2015.
Guest on Liberty Watch Radio, KVOI 1030 AM, Tucson, Arizona, August 9, 2015 (Audio).
Quoted in, “Law Professors React to The ‘Shocking’ News About Atticus Finch,” The National Law Journal, 6/27/15 (Excerpts).
Quoted in “Justice Kennedy Likens Gay Marriage Opposition to Flag Burning Case: Opponents Will Dissipate in ‘Two or Three Months,’” The Christian Post (July 16, 2015).
Quoted in “Obama’s immigration orders face dim outlook at federal court,” The Hill (July 10, 2015).
Cited in “Johnson, immigration brass ordered to Texas court,” Politico (July 7, 2015).
Quoted in “Supreme Sequel,” CQ Weekly (July 6, 2015) (PDF).
Quoted in “House GOP and White House Trade Shots Over Obamacare,” WSJ Law Blog (July 2, 2015).
Guest on Houston Matters on Houston Public Radio to discuss Supreme Court term (July 1, 2015) (Excerpts, Audio).
Quoted in “Same-sex couples are entitled to equal treatment, even in Texas,” Slate (June 30, 2015).
Quoted in “The end of Texas’ affirmative action policy?,” The Houston Chronicle (June 30, 2015).
Quoted in “U.S. Supreme Court to hear UT admissions case for second time,” The Houston Chronicle (June 29, 2015).
Quoted in “Obama defies federal judge, fails to rescind wrongly issued amnesties,” The Washington Times (June 29, 2015).
Quoted in “Texas clerks may cite religion to resist same-sex marriages. But the marriages will go on,” Vox (June 29, 2015).
Guest on Huffington Post Live to discuss Supreme Court rulings (June 29, 2015).
Quoted in “John Roberts to America: I’m in Charge Here,” The New Republic (June 27, 2015).
Quoted in “More legal challenges ahead for Obamacare,” USA Today (June 25, 2015).
Quoted in “Roberts saves Obamacare for 2nd time; Scalia chides: ‘Words have no meaning’,” Washington Times (June 25, 2015).
Quoted in “King ruling dims hopes of crippling the ACA through the courts,” Modern Healthcare (June 25, 2015).
Quoted in “Supreme Court upholds subsidies in King v. Burwell,” Modern Healthcare (June 25, 2015).
Quoted in “In Obamacare Rematch, Verrilli Prevails Again,” Wall Street Journal Law Blog (June 25, 2015).
Guest on Federalist Society Podcast on King v. Burwell (June 25, 2015) (Audio).
Quoted in “Other Legal Challenges to Health Overhaul Remain,” Associated Press (June 25, 2015).
Quoted in “La Corte Suprema mantiene los subsidios de Obamacare a seis millones de personas,” Univision (June 25, 2015).
Quoted in “ACA lawsuits from right may continue even if challengers win King v. Burwell,” Modern Health Care (June 25, 2015).
Quoted in “What Happens If the Supreme Court Guts Obamacare?,” New York Magazine (June 24, 2015).
Quoted in “The New Conservative Plan To Make A Supreme Court Case Gutting Obamacare Even Worse,” Think Progress (June 23, 2015).
Quoted in “State GOP Leaders Press Congress to Revamp Health Care Law,” Wall Street Journal (June 19, 2015).
Quoted in, “The Government Has No Backup Plan If Court Rules Against Obamacare,” Bloomberg (June 17, 2015).
Quoted in, “All Rise for Chief Justice Robot,” Ozy (June 7, 2015) (excerpt).
Guest on Houston Matters on on 88.7 KUHF Houston Public Radio for segment on campus free speech, May 29, 2015 (Audio here).
Interviewed on KTSA Newsradio San Antonio for segment on Texas “One Person, One Vote” case, May 26, 2014
Interviewed on 88.7 KUHF Houston Public Radio for segment on Defense Distributed v. U.S. Department of State, May 6, 2015
Guest on Houston Matters on on 88.7 KUHF Houston Public Radio for segment on Voter ID Case, May 6, 2015.
Quoted in Fox News Article on 3D-Printed Guns Constitutional Challenge, May 6, 2015.
Interviewed on ABC TV affiliate KTRK Houston for feature on First Amendment on 6:30 news, May 4, 2015.
Quoted in Why it’s legal to fire someone for being gay in 28 states, Vox, April 22, 2015.
Quoted in Bloomberg BNA Law Week, “Obama Administration Gets Pass On Immigration Program, For Now,” April 14, 2015 (Excerpts, PDF).
Quoted in National Law Journal article on Texas immigration appeals, April 8, 2015 (Excerpts).
Guest on PrimeTime to discuss Indiana Religious Freedom Law, Korean Radio Station in Seoul, South Korea, April 8, 2015 (Clip).
Guest on African American Conservatives Radio to discuss Indiana RFRA, April 6, 2015.
Quoted in “Indiana Gov. Mike Pence approves limited LGBT protections in religious freedom law,” Vox, April 2, 2015.
Quoted in “Things you haven’t considered about Indiana’s religious freedom law,” CNN.com, April 1, 2015.
Quotes in “Arkansas Governor Wants Religious Freedom Bill Closer to Federal Law,” Reason.com, April 1, 2015.
Quoted in “Indiana Law: Sorting Fact From Fiction From Politics,” NPR, April 1, 2015.
Quoted in “Conservatives Push Back Against Indiana Boycotters, But Is It Enough?,” Bloomberg Politics, April 1, 2015.
Quoted in “Indiana Governor Wants to Clarify Religious Freedom Law,” The Wall Street Journal, April 1, 2015.
Guest on John Gibson Show to discuss Indiana Religious Freedom Law, Fox News Radio, April 1, 2015 (Audio here).
Guest on David Medeira Show to discuss Indiana Religious Freedom Law, 94.3 FM Scranton, April 1, 2015 (Audio here).
Quoted in “How Indiana’s religious freedom law sparked a battle over LGBT rights,” Vox, March 31, 2015.
Guest on “Laura Ingraham Radio Show” to discuss Indiana Religious Freedom Law, March 30, 2015.
Quoted in “Obama attacks Indiana religious freedom law, but backed Illinois bill as state senator,” The Washington Times, March 30, 2015.
Quoted in “The Economics of Religious Freedom Bills,” The Atlantic, March 27, 2015.
Quoted in “Did Anthony Kennedy Just Show His Hand On The Obamacare Subsidies Case?” The Daily Caller, March 23, 2015.
Quoted in “Justice Kennedy’s Comments Stir the Tea Leaves on Obamacare,” Bloomberg Politics, March 23, 2015.
Featured on Mark Levin Show, for discussion of “The President Cannot Bypass the Courts,” March 19, 2015 (audio here).
Quoted in “Lawsuit by luxury condo owners targets senior living facility developer,” The Houston Chronicle, March 18, 2015 (excerpt).
Quoted in “White House makes aggressive legal push on immigration,” The Hill, March 15, 2015.
Quoted in “Obamacare’s Chances Of Survival Are Looking Better And Better,” ESPN FiveThirtyEight, March 6, 2015.
Quoted in “A Supreme Court Rematch for a Lawyer Targeting the Health Care Act,” The New York Times,” March 4, 2015 (Excerpt, PDF).
Quoted in “Even The Algorithms Think Obamacare’s Survival Is A Tossup“, ESPN FiveThirtyEight, March 4, 2015.
Quoted in “Lawyer Put Health Act in Peril By Pointing Out 4 Little Words,” The New York Times, March 2, 2015.
Quoted in “Previewing The Supreme Court’s Abercrombie & Fitch Case,” ESPN FiveThirty Eight, February 25, 2015.
Quoted in “A federal judge put the brakes on Obama’s immigration actions,” Vox.com, February 18, 2015.
Guest on Mike Gallagher Show to discuss executive action on immigration, February 18, 2015 (Audio here).
Quoted in “The one sentence you need to read to understand the big new court battle over immigration,” Vox.com, February 17, 2015.
Guest on Inside Story on Al Jazeera America to discuss executive action on immigration, February 17, 2015 (Segment).
Quoted in article about challenge to President’s immigration executive action, La demanda contra el decreto de inmigración de Obama, La Voz de Houston (Feb. 5, 2015).
Quoted in “Obama amnesty lawsuit cites variety of arguments — some of them wild,” The Washington Times, February 1, 2015.
Selected as “Brief of the Week” in National Law Journal for Amicus Brief to Supreme Court in King v. Burwell, Brief of the Week: The Affordable Care Act and ‘Executive Lawmaking,’ January 13, 2015 (PDF).
Guest on Houston Matters on on 88.7 KUHF Houston Public Radio for segment on Texas Same-Sex Marriage, January 9, 2015.
Interviewed on ABC TV affiliate KTRK Houston for feature on Texas Same-Sex Marriage on 6:30 news, January 5, 2015.

Litigation

Author, Brief for the Cato Institute as Amicus Curiae in Support of Petitioners, Little Sisters of the Poor v. Burwell, On Petition for a writ of certiorari to the U.S. Court of Appeals for the Tenth Circuit (Aug. 24, 2015).
Signatory, Brief for the Cato Institute and Constitutional Law Professors as Amici Curiae in Support of Plaintiff-Appellee in People for the Ethical Treatment of Property Owners v. U.S. Fish & Wildlife Service, et al before the Tenth Circuit Court of Appeals (May 26, 2015).
Author, Brief for the Cato Institute and Professor Jeremy Rabkin as Amici Curiae in Support of Plaintiffs-Appellee in Texas v. United States before the Fifth Circuit Court of Appeals (May 11, 2015).
Counsel, Defense Distributed v. U.S. Department of State (filings here).
Author, Brief of the Military Officers Association of America and the Flag & General Officers’ Network as Amici Curiae in Support Of Petitioner in Schwalier v. Carter, before the United States Supreme Court (14-1189) (4/24/15).
Author, Brief for the Cato Institute and Law Professors as Amici Curiae Supporting Plaintiffs in Texas v. United States, before the Southern District of Texas (1:14-cv-245) (1/7/15).

My Publications, Speaking, Commentary, Litigation, and other Accomplishments in 2015

Published Articles

Book Chapters

Academic Presentations

Testimony

Other Presentations

Commentary

Media

Litigation