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
The First Question From The Florida Supreme Court's Newest Member: "Is your position more like Justice Gorsuch in Bostock or Justice Alito in dissent?"
The answer: "I think Justice Gorsuch was wildly incorrect."
Interview with Judge Lawrence VanDyke at the University of Florida
We talk about his background, his path to the bench, and why he does things differently on the Ninth Circuit.
SCOTUS Resolves Two-Way State Court Split About New Jersey Transit
The New York Court of Appeals is affirmed, and the Pennsylvania Supreme Court is reversed.
Justice Kagan's Bad Ayahuasca Trip
Because this hallucinogen can also be used for a religious ritual, there is a very difficult question about how federal gun law would apply.
Substantive Due Process After Mirabelli
Dobbs didn't end SDP, but instead reoriented it to the Glucksberg history and tradition test.
Mirabelli Offers a Beautiful Vision of the Emergency Docket
Justices Barrett and Kavanaugh, as well as the Chief Justice, are on the same page.
SCOTUS Saves Staten Island
Will Callais come tomorrow?
Counting The Votes In Mirabelli v. Bonta
We only know how Justice Gorsuch voted because Justice Kagan told us he was in the majority.
The Supreme Court's Emergency Docket Meets The Inferior Courts' Emergency Dockets
Why should the Supreme Court defer to the emergency docket of lower courts?
Justice Scalia Did Not Read The New York Times; Justice Barrett Does
It is very useful to know where a Justice gets her news from.
New in The Free Press: "Trump's Religious Liberty Commission Was Hijacked by an Antisemite"
"As antisemitism grows on both sides of the political spectrum, we should be wary of those who use their faith to spread Jew hate."
New in Civitas: "The False Equivalence of Multicultural Day"
"Multicultural Day is a gateway drug to DEI."
From SOTU to SCOTUS
The Chief Justice granted my motion.
New in City Journal: "Trump's Tariff Loss Is the Worst Judicial Defeat in Presidential History"
"From Jefferson to Lincoln, Nixon to Bush, no president’s agenda has been so thoroughly undercut by the Supreme Court."
The Saving Construction in NFIB and the Anti-Saving Construction in Learning Resources
Six justices found that the best reading of statute supports the government, but only three applied the major question doctrine. Why wasn't this a reversal?
How Should The Non-Delegation Doctrine and the Major Question Doctrine Apply to Foreign Affairs?
Justices Thomas and Kavanaugh raise important issues that Justice Gorsuch and Chief Justice Roberts do not fully address.
What About Nixon?
How many Presidents make a precedent?
Justice Gorsuch's Campy Concurrence
Justice Gorsuch takes us on visit of Camp Barrett, Camp Kagan, Camp Kavanaugh, and Camp Thomas.
Learning Resources for Learning Resources
How to teach the tariffs case?
An Edited Version Of Learning Resources
I've finished reading the entire tariff decision, and editing it down for the Barnett/Blackman casebook.
Harlan Virtual Supreme Court Semifinalists
Fourteen teams of high school students presented oral arguments in the case of Patriots v. Loyalists.
SCOTUS Modifies Rule 29, Paper Briefs Can Be Filed Three Days After Timely Electronic Submission
This rule change effectively gives parties at least one more day to work on briefs, and make corrections.
Should A Federal Judge Be Remembered For "Champion[ing] the Underdog and the Uncelebrated"?
I would think judges should be remembered for treating all parties equally under the law.
Hallucinating Customer Service Hell
A depressing two-hour call with XFinity Chatbots.
New in City Journal: Let's Fix Our Federal Holiday Schedule
How I would rearrange the current calendar, which makes no sense.
