Josh Blackman is a constitutional law professor at the South Texas College of Law Houston, an adjunct scholar at the Cato Institute, and the President of the Harlan Institute. Follow him @JoshMBlackman.
Josh Blackman
Latest from Josh Blackman
Tick, Tock Goes the SCOTUS Clock
The timing of TikTok v. Garland.
What Is The Remedy For Judge Wynn's "Brazenly Partisan" Withdrawal of Senior Status?
Should he be forced to recuse from any case involving the Trump Administration?
How To Think About Justice Jackson "& Juliet"
The role that was created for her, and for no one else, has a value that cannot be stated on a disclosure form.
Judicial Misconduct Complaint Against Judge Vaden For Columbia Boycott Referred to Seventh Circuit's Judicial Council
The Fifth and Eleventh Circuits already dismissed similar complaints, but the Chief Judge of the Court of International Trade asked the Chief Justice to refer it to another circuit, and Roberts did so.
"Brazenly Partisan" Judge Wynn Withdraws Senior Status Because Trump
Will Judge Stranch be the next "Obama Judge" to show her true blue colors?
New Essay: "What is the Future of the Federalist Society?"
The launch of the Civitas Institute's new online journal.
DEI Still Has An Anti-Semitism Problem
University of Michigan DEI Official alleged to have said "wealthy and privileged” Jewish students do not need DEI services.
In 2019, I Proposed that SCOTUS Should Use a Lottery To Distribute Tickets. In 2024, SCOTUS Proposes Pilot Lottery Program.
The court moves deliberately, but in the right direction.
Making Sense of the 7-1-1-8 Split in Environment Texas Citizen Lobby v. ExxonMobile
Does a judge have an obligation to render a judgment to ensure that the court renders a judgment?
Would Banning Social Media Implicate The Free Speech Clause? Or Would It Be an Age-Based Classification?
These questions relate to Skrmetti.
Justice Thomas's Statement Reaffirms Sword-Shield Dichotomy
"A defendant can always raise unconstitutionality as a defense 'where a statute is invalid upon its face and an attempt is made to enforce its penalties in violation of constitutional right.'"
Justices Thomas, Alito, Gorsuch, and Kavanaugh Are Active on the Cert Docket
Justice Barrett remains the most gun-shy Justice.
Originalist Angles Looking for Staff Writers
The National High School Law Journal is looking for contributors.
Updated Version of "Bilateral Judicial Reform"
Forthcoming in the Texas A&M Journal of Law & Civil Governance
The Sound of Silence in Skrmetti
Hushed whispers and heads nodding.
Kagan's Play in Skrmetti: Find that the Tennessee Law Imposes a Valid "Quasi-Suspect" Classification on Transgender People under Cleburne
And Justice Kagan will try to persuade Justices Gorsuch and Barrett to concur in the judgment, creating a 4-3-2 split.
More Leaks in the NY Times About The "Supreme Court Ethics Debate"
Jodi Kantor reports on a confidential ten-page memo from Justices Gorsuch, and comments from Justices Thomas and Alito.
Special Counsel Weiss Files Opposition to Motion to Dismiss Indictment in California Hunter Biden Case
"The defendant’s motion should be denied since there is no binding authority on this Court which requires dismissal."
A Proposal To Create A New Article III Court of Immigration Review
"Creation of the COIR would also ensure a 'uniform rule' of immigration law as commanded by Article I of the U.S. Constitution."
Comparing Trump's Pardon of Arpaio and Biden's Pardon of Biden
The more things change, the more things stay the same.
