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Between 2009 and 2020, Josh published more than 10,000 blog posts. Here, you can access his blog archives.

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New Dining Option at the Antonin Scalia School of Law

April 1st, 2016

Justice Scalia was very fond of Italian food. Alas, over the years, his dining options decreased. His favorite restaurant, A.V. Ristorante, closed in 2007. His backup restaurant, Bebo Trattoria in Arlington also closed. He liked Tosca, but found it “a lot pricier than A.V. used to be.” Now, there will be a new choice. In honor of the late Justice’s affinity for fine, affordable Italian food, I’ve learned from some friends on the faculty that the new Antonin Scalia School of Law will have a special treat for the hungry students at the Arlington campus: Nino’s Cafe.

nino-cafe

The bistro will serve authentic and affordable Italian fare. There will be a sit-down service for a more formal dinner, but also there will also be meals ready to-go, for students to grab before or after class. From what I hear, the restaurant will feature Justice Scalia’s favorite: thin-crust pizza with anchovies. The law school is currently applying for a liquor license in order to serve some of Justice Scalia’s favorite red wines–this will no doubt be popular with the students after a long night of classes.

If I may suggest the names for some popular dishes: Penne a la Roberts, Tony’s Spumoni, Clarence’s Cannolis, Zuppa Bader Ginsburg, Stevie’s Ziti, Alitortellini, Sotomayorzo, Elena’s Kagoregano, and Solicitor General Vermicelli.

George Mason School of Law to become “Antonin Scalia School of Law”

March 31st, 2016

Nina Totenberg tweets the breaking news about my alma matter:

Also, I think this tweet by Eric Segall in response to Ian Millhiser is exactly right:

Update: WSJ has this report:

George Mason University School of Law, named after a founding father known for his refusal to sign the Constitution, now plans to rename itself after a man famed for a strict adherence to its words: Justice Antonin Scalia.

George Mason University’s Board of Visitors is expected to vote on the renaming Thursday afternoon. The new full name of the Fairfax, Va., school will be the Antonin Scalia School of Law at George Mason University, school officials said. The school expected to unveil the name change Thursday afternoon, along with an announcement that it has received two donations totaling $30 million, including a $10 million grant from the Charles Koch Foundation.

The change will still then need a final go-ahead from Virginia’s higher education oversight agency, which is expected to give its blessing.

The school’s dean expects that people will call it Scalia Law School for short. By July, all the school’s signage and marketing materials will bear the late justice’s name, school officials said.

Update 2: The President of GMU sent out this news release:

Dear Patriot,

Today, I am pleased to announce one major gift and several naming decisions, just approved by the Board of Visitors.

First, we have received pledges totaling $30 million to support the School of Law. These gifts, which combined are the largest in university history, will help establish three new scholarship programs, enabling us to attract more of the most talented law student candidates in the country.

The gift will create the Antonin Scalia Scholarship, named after the late Supreme Court Justice; the A. Linwood Holton, Jr. Leadership Scholarship, named after the former governor of Virginia; and the F.A. Hayek Law, Legislation and Liberty Scholarship, named after the late 1974 Nobel Prize winner in economics. The Scalia scholarships will be awarded to students with excellent credentials, the Holton scholarships to students who have overcome barriers to academic achievement, and the Hayek scholarships to students with great potential in the field of law and economics. All scholarships will be awarded exclusively and independently by the university.

As part of the gift agreement, our law school will be named the Antonin Scalia School of Law at George Mason University in honor of the long-term Supreme Court Justice.

Justice Scalia was an advocate of vigorous debate and enjoyed thoughtful conversations with those he disagreed with, as shown by his longtime friendship with Justice Ruth Bader Ginsburg, who said, “Justice Scalia was a law teacher, public servant, legal commentator, and jurist nonpareil. As a colleague who held him in highest esteem and great affection, I miss his bright company and the stimulus he provided, his opinions ever challenging me to meet his best efforts with my own. It is a tribute altogether fitting that George Mason University’s law school will bear his name. May the funds for scholarships, faculty growth, and curricular development aid the Antonin Scalia School of Law to achieve the excellence characteristic of Justice Scalia, grand master in life and law.”

That ability to listen and engage with others, despite having contrasting opinions or perspectives, is indeed at the heart of what higher education is all about.

This generous gift includes $20 million from a donor who wishes to remain anonymous, and a $10 million matching gift from the Charles Koch Foundation. We are deeply grateful to both parties for their support of George Mason University students.

This gift pushes the university’s comprehensive Faster Farther campaign past the $400 million mark on its way toward meeting our overall $500 million goal. I am particularly pleased that this gift will directly support students, the most important priority in our campaign.

The gift also provides a tremendous boost for the law school to firmly retain its position among the nation’s finest. The gift is intended to further the School’s new strategic plan, recently developed under the leadership of Dean Henry N. Butler.

The Board of Visitors today also approved the naming of a prominent public space on our Fairfax Campus after Governor Holton, who in 1972 signed into law the establishment of George Mason as an independent university. During his term as governor, he fought for school desegregation and equal opportunity, values of accessibility and inclusion that we hold so dear at Mason. Holton Plaza will be immediately adjacent to the Center for the Arts.

Finally, the Board of Visitors today approved the naming of the Occoquan Building on the Science and Technology Campus as “Senator Charles J. Colgan Hall” in honor of the longest-serving state senator in the history of Virginia. The recently retired Democratic senator from Prince William County was known and respected for reaching across the aisle to achieve state objectives, inspiring his colleagues and future public servants to work together for the common good. He was an ardent supporter of higher education, and the architect behind hundreds of millions of dollars invested in our university, Northern Virginia Community College, and universities across the Commonwealth.

Today’s board actions highlight the outstanding contributions of so many individuals, from business to government, who helped us build this university from a small branch campus of the University of Virginia to its current status as a tier-one research university with the largest enrollment of any public university in the Commonwealth. I am grateful to each one of them.

Thank you for all you do for George Mason University.

Sincerely,

Ángel Cabrera

Fantasy #SCOTUS Update: The First Post-Scalia Cases

March 1st, 2016

Today the Supreme Court issued its first two decisions without Justice Scalia: Lockhart v. United States (sentencing) and Gobeille v. Liberty Mutual Insurance Company (ERISA). FantasySCOTUS missed both.lockhart-gobielle

For Lockhart, the crowd and algorithm agreed it would be 6-2 reverse–but got it exactly backward. It was 6-2 affirm.

Gob

Same for Gobeille.

 

Scalia-Less #SCOTUS Roundup at Regent Law School Federalist Society

February 29th, 2016

Today at the Regent Federalist Society Chapter, I offered a remembrance of Justice Scalia, and discussed how his absence affects United States v. Texas, Fisher v. University of Texas, Zubik/Little Sisters v. Burwell, Whole Women’s Health, and Freidrichs.

On Houston Public Media to Discuss Justice Scalia’s Absence for Texas Cases

February 23rd, 2016

Houston Public Radio interviewed me about how Justice Scalia’s absence will affect several Texas-specific cases, including Whole Women’s Health, Evenwell, and Fisher.

Scalia’s death will have an impact, but most cases will remain unaffected, according to Josh Blackman, a constitutional law professor at the South Texas College of Law.

“The court resolves about 80 cases a year, and maybe less than eight or nine of them are (decided) 5-4,” Blackman explained. “It’s actually a fairly small percentage of the court’s docket where this would be a factor. Most of the court’s cases are unanimous or close to it. They’re not 5-4.” (JB: After I said this, I realized the number is usually closer to 14 or 15, but the point still holds).

Professor Blackman says it’s not necessary to replace Scalia right away.

“In the 1950s, 60s and 70s, we had significant periods of turnover on the Court, due to death, due to resignation, due to scandal,” Blackman said. “For example, during the 1950s, Robert Jackson, one of the great Justices, took a year off from the court to go be a Nazi prosecutor at Nuremburg. The Court was with eight Justices for a year, and they managed.”

Another big case out of Texas involves affirmative action at UT-Austin. Because she had previously been involved in the issue, Justice Elena Kagan had already recused herself from that vote. With Scalia’s death, only seven Justices will vote on the case, Fisher v. University of Texas at Austin.

“Now we’re down to seven,” said Blackman. “And a 4-3 decision is not the basis on which the court would want to make a major ruling on affirmative action.”

Blackman believes that case could also be re-argued later, or decided on very narrow grounds so its national impact would be minimized.

After Scalia is replaced, the Court could then choose to examine a different lawsuit to clarify what exactly is allowed when universities use affirmative action.

“The Texas case is very gerrymandered, it’s this 10 percent program, it’s this and that. It’s a bad case, it’s very Texas-specific,” said Blackman. “

“There are other cases brought against Harvard and the University of North Carolina, where effectively Asian students have argued that affirmative action discriminates against them because of race. Those are much more serious.”

Blackman says the Justices have until the end of the term, this summer, to decide if they want to reschedule some of these cases for later.

I was also interviewed about U.S.v. Texas, but it didn’t make the final cut.

I am publishing an Op-Ed shortly that will go into great detail about these cases, plus Friedrichs and Zubik.