Josh Blackman

Josh Blackman is an assistant professor at the South Texas College of Law and the author of Unprecedented: The Constitutional Challenge to ObamacareHe blogs at

Obamacare Was Designed to Punish Uncooperative States


It all comes down to four crucial words. In 2009, as the Affordable Care Act was being rammed through the Senate, those words made their way into the statutory behemoth. The law says that the federal government has the power to dole out premium-lowering subsidies through those insurance exchanges “established by the State.” Now that […]

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Democrats Are Trying to Rewrite the First Amendment


Our First Amendment is under attack. Forty-four Senate Democrats support a constitutional amendment that would give Congress unbounded power to regulate or prohibit just about any speech concerning an election or a candidate for office. This would-be 28th Amendment is poorly drafted, extremely dangerous, and has the potential to uproot our most cherished freedoms. Its […]

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Our Gun-Shy Justices


After two hundred years of solitude, the Second Amendment now means what it has always said: Our Constitution guarantees the people a right to keep and bear arms. But since McDonald v. City of Chicago, the Supreme Court’s landmark decision of 2010, the justices seemingly have taken a vow of silence on the meaning of […]

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Is There Really an Epidemic of Mass Shootings?


The recent tragedy at the University of California, Santa Barbara has reignited debate over the fraught issues of gun control, mental health, and school safety. The loss of any life is of course tragic. Parents, community members, and policy makers are right to ask questions about how each attack might have been prevented. But some […]

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Sotomayor and Toobin Push Bigotry by Association


Sonia Sotomayor pulled her punch, ever-so-slightly, last week. But where the Supreme Court justice stopped, journalists such as Jeffrey Toobin of the New Yorker are only too happy to tread. To review: In Schutte v. BAMN, the Supreme Court upheld a voter-enacted amendment to the Michigan Constitution that prohibited the use of affirmative action in […]

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