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10/27/2016

Josh Blackman Debates Himself on Judge Garland’s Nomination
Michael Ramsey

Via Josh Blackman's Blog: Harvard Federalist Society: The Senate’s Duty to Vote on Judge Garland’s Nomination.  From the post:

On Monday, October 17, the Harvard Federalist Society chapter hosted me [i.e., Professor Blackman] for a debate on whether the Senate has a duty to vote on Judge Garland’s nomination. Or at least it was supposed to be a debate. Despite the fact that many professors on the Harvard faculty are on record stating that the Senate has such a duty, the Chapter was unable to find a single person willing to debate me. The chapter also checked at other law schools, and no professor was willing to debate this topic.

Alas, I had to debate myself–or shadow-boxing as I called it. For the first few minutes of the event, I recounted the views of hundreds of law professors and others that the Senate has a duty to vote on Judge Garland’s confirmation. [ . . . ] Then, for the remainder of my time, I explained why no duty can be found in text, history, or practice. This is purely a political question.

The debate can be found here.

RELATED: In other Josh Blackman news, here is a debate on originalism hosted by the Northern Illinois Federalist Society Chapter between Professor Blackman and Professor Robert Jones.