Josh Blackman is a constitutional law professor at the South Texas College of Law Houston and the President of the Harlan Institute. Follow him @JoshMBlackman.
Josh Blackman
Latest from Josh Blackman
Fact-Finding At The Grammy's
What is the sound of one Justice clapping?
What Is The Burden Of Proof In Judicial-Council Factfinding?
The 6th Circuit has followed the clear and convincing evidence standard since at least 1993, but the actual rule is silent on this issue.
The Upshot Of The Wynn and Boasberg Complaints: The Code of Conduct Cannot Be Used To Obtain Discovery
The federal judiciary will make no inquiries about whether a judge may have violated the Code of Conduct. The whole burden of proof rests entirely on the complainant.
Heritage VP of Development Clarifies That "Declaration of Independence and Constitution are Foundational to American Exceptionalism"
She did so after she shared an article describing me and Adam Mossoff as "malcontent[s]" who "slowly slither[ed] out the door."
What We Learned From Jodi Kantor's Latest Expose About The SCOTUS NDA
The Chief is now requiring all employees (but likely not the Justices) to sign Non-Disclosure Agreements, which do not seem to be working.
NYT To SCOTUS: "I just want them to know we're watching them."
We learn fascinating insights about how the newspaper of record covers the "holy of holies of American law."
Yoram Hazony's Fifteen Minutes of Infamy
I'm left scratching my head with Hazony's strange remarks around a non-existent fifteen minute video that actually exists.
New in WaPo: "College deans aren't protected by academic freedom"
Ilya Shapiro and I respond to the situation at the University of Arkansas
Yoram Hazony's Speech At The Second International Conference on Anti-Semitism in Jerusalem
"This is an extremely high level of incompetence by the entire anti-Semitism-industrial complex, some of whose representatives are sitting right here in this room."
In Defense of Justice Alito
Ben Aguiñaga, a former law clerk, responds to the gross media smears of Justice Alito.
New in Civitas Outlook: "Anti-Semitism and Anti-Christian Zionism On The Right"
"It is perverse to include Anti-Zionists and cozy up to antisemites."
The Voting Rights Act Asymmetry Splices Staten Island
In New York City, Republicans are the discrete and insular minority.
SCOTUS Summarily Reverses Fourth Circuit, Justice Jackson votes to deny writ of certiorari without opinion
KBJ's dissent from the grant of certiorari, without a written opinion, is fairly rare.
Judicial Misconduct or Impeachment Based On The Merits Of a Decision
Could a Judicial Council take away all of a judge's cases based on the merits of a decision? Could Congress delegate this power of stealth impeachment?
The Presumption of Regularity Returns to SCOTUS
Trump Firing Lisa Cook, Jack Smith Indicting Donald Trump.
The Full Taft
Paul Clement used a very fitting image to describe President Taft's hefty approach to due process.
Can The President Provide Notice on Truth Social?
Justice Jackson doubts whether Trump's social media post could have put Lisa Cook on notice that she would be removed.
Taking Judicial Notice Of "Very Elite" Economic Predictions
Can the Court base its ruling in Cook on predictions of a recession?
Wolford Teases Out The Relationship Between The First and Second Amendments
The Chief Justice, of all people, compares carrying firearms on private property to a pamphleteer knocking on a door.
The Other Side Of The Audition Trap
After a successful audition, they can stop auditioning.
The Perversity of Citing The Black Codes To Defend Gun-Control Laws
Neal Katyal and Justice Jackson were placed in the uncomfortable spot of having to explain why racist legislation to disarm the freedman was actually relevant.
National and Local Traditions for the Second Amendment
The Second Amendment does not have a geography clause.
KBJ Would Not Martinize IFP Petitioners In Criminal Cases
Justice Jackson would instead let "Court staff . . . sort out" meritless petitions.
President Trump Repudiates Discovery Doctrine, Favors Acquisition By Conquest
Once again, Trump manages to make obscure law great again.
Three Very Short SCOTUS Unanimous Opinions In One Day, But No Tariffs
The Tariffs case is still cooking, but the Court is clearing the brush.
Three Flawed Opinions In Bost v. Illinois State Board of Elections
The majority and dissent’s understanding of standing turned on their visions of democracy. The concurrence does not fare much better.
