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 Logical Consequence of Enforcing Indigenous Treaties
A Canadian judge held a 513-day trial, and ruled that the "indigenous Cowichan Nation holds 'Aboriginal title' over 800 acres of land."
John Roberts Serves A Blue Plate Special, And The Progressives Forget All Of Their Complaints About The Shadow Docket
Trump v. Illinois is Robertsian faux minimalism at its worst.
New York Attorney General Forum Shops Case Against CFPB to Judge Aiken in Eugene Division of District of Oregon
AG James had a 100% chance of drawing a Democratic appointee, and drew a judge that the Ninth Circuit had to repeatedly reverse.
Supreme Court Grants Stay Without Granting Stay
The Court denied the SG's application in Margolin v. NAJI but sent a clear signal to the lower court of what not to do.
Breaking: Cully Stimson and Hans von Spakovsky Resign From Heritage
The Meese Center is basically empty now.
Welcome to the Edwin Meese III Institute for the Rule of Law
John Malcolm and senior scholars move from Heritage to America Advancing Freedom.
My Resignation From The Heritage Foundation
I sent this letter this evening to Dr. Kevin Roberts, President of the Heritage Foundation.
When Courts of Appeals Decide Issues Pending Before the Supreme Court
The practice is not consistent.
Firings, and Tariffs, and Trump, Oh My!
Justices Barrett and Kavanaugh are still chewing over Justice Gorsuch's questions from the tariffs case.
Sinking And Floating Liquidation
Continuing the debate over liquidation from Bruen to Slaughter.
Trump v. Slaughter was Trump v. United States Redux
But what does "conclusive and preclusive" actually mean?
The Lower Court Revolt Continues in Boston
Judge Brian Murphy will likely be reversed by SCOTUS a third time in the same case.
Roe as Humphrey's Executor, Casey as Morrison, and Dobbs as Slaughter
Casey attempted to save Roe by rewriting it, but that compromise ultimately collapsed in Dobbs. Morrison attempted to save Humphrey's Executor by rewriting it, but that compromise will (likely) collapse in Slaughter.
Legislative Vetoes for Independent Agencies
Congress tried to claw back the FTC's powers in 1980 through a legislative veto, but Chadha rendered that "bargain" unconstitutional.
New in Civitas Outlook: "Brazenly Partisan" Judges Scrutinize Trump's Mind, But Refuse To Explain Themselves
I write about Judge Wynn's decision to rescind his senior status because Trump won.
For Gerrymandered Congressional Districts, The Midterm Primary Date Is The Relevant Deadline
Purcell is appropriate because the outcome of the March midterm effectively settles the race.
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.
