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 Partisanship of Justice Kagan's Abbott v. LULAC Dissent
In a SCOTUS first, Justice Kagan refers to "red and blue states" and implied that redistricting was a mark of "loyalty" to Trump.
Abbott v. LULAC and Trump v. Anderson
Both cases attempted to hijack the Fourteenth Amendment to help one political party.
Razzle Dazzle Racism
Brown, Milliken, and Judge Brown.
Solicitor General Briefs Now Include An "Introduction" Section
One of the few pieces of new information in the New York Times article raising "concerns" about the SG's Office.
Paintings Loaned by the National Gallery of Art to the Supreme Court
An incomplete list of priceless artwork shared with the Justices.
Redressability and Irreparable Harm in the Texas Gerrymandering Case
The Plaintiffs argued the 2021 map was an unconstitutional gerrymander. How could reimposing the 2021 map actually redress their purported injuries?
Chancellor James Kent on Hamilton's Federalist No. 77 and Modern Academic Commentary
A guest post from Professor Seth Barrett Tillman.
A Law Professor On A Jury?
A challenge for cause or a peremptory strike?
New In Civitas: Judge Andrew S. Oldham's Barbara K. Olson's Memorial Lecture
Yet another FedSoc debate or an existential challenge?
Oh SNAP! Did KBJ Not Refer Rollins To The Full Court?
The Court's order uses the passive voice, which differs from most orders which use the active voice.
After Nearly One Year, SCOTUS Denies Cert In Vehicle To Overrule Kagama
The Court rescheduled the case seventeen times and relisted it four times.
The Transgender Passport Case Mini Merits Analysis
The Court is still living in Justice Kennedy's shadow and Justice Jackson questions whether executive actions have as much force as statutes.
Should The Denial Of Rights To Aliens Cut Against Restoring The Privileges or Immunities Clause?
What rights do aliens have under Section 1?
The First Circuit Is Not A Denny's
According to the Attorney General, the First Circuit's clerk refused to "offer any means of filing" an emergency brief after 5:00 p.m.
Ilya Confusion At The Scalia Memorial Dinner
Justice Barrett mentioned Ilya Somin, but meant Ilya Shapiro.
Calling Balls And Strikes During Warmup Pitches
Judge Matey explains that umpires indicate what the strike zone will be during warmup pitches that do not count.
Judge Bumatay on Originalism, Stare Decisis, and the Party Presentation Rule
"When should circuit judges overturn their own non-originalist precedents? Spoiler alert—the answer is 'always.'"
