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
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.
The Board of Peace Is A Step Away From Failed International Institutions
The details are unclear, but Trump seems to be setting up an institution that could supplant the United Nations Security Council.
When a Justice Shares The Name With The Party
Justice Barrett did not write Barrett v. United States, but other Justices wrote the majority opinion who shared a name with a party.
Hecox May Still Hide In Justice Kennedy's Shadow
There is nothing originalist about Footnote Four, animus, and suspect classes. Let it go already.
Can You Waive A Substantive Canon?
Justice Gorsuch suggested that the West Virginia did not raise the clear statement rule, Justice Sotomayor countered that a substantive canon cannot be waived.
What If A Supreme Court Case Becomes Moot Before June?
Hecox will not graduate in May, but such mootness could have arisen in King v. Burwell.
Andrew Hale Leaves Heritage for Advancing American Freedom
"I can roll with policy changes, but what I can't roll with is a tolerance or an overlooking of antisemitism or any form of bigotry."
Justice Sotomayor Asks "Have You Studied The People" In SCOTUS Cases.
I have. Conservative litigants are vilified. Liberal litigants are celebrated.
The As-Applied/Facial Fad Comes for the Equal Protection Clause
Justice Kagan ponders at great length about whether there can be an as-applied challenge based on the Equal Protection Clause.
The Transgender Athletics Cases
They were not as combative as I would have expected, and maybe even not 6-3.
