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
For Staten Island, The Interim Docket Is The Final Docket
After the Supreme Court grants an emergency stay, the plaintiffs dismiss the case with prejudice.
Harlan Virtual Supreme Court Round of 8
The top four teams announce to the championship round at the National Archives.
Other Comments From Chief Justice Roberts
A wide-ranging interview between the Chief Justice and Judge Rosenthal at the Baker Institute.
Would John Roberts Have Become Chief Justice If He Was Confirmed To The D.C. Circuit in 1992?
Roberts suspects that if he was confirmed to the D.C. Circuit at the age of 37, he probably "wouldn't have ended up" as Chief Justice.
Paul Ehrlich Helped Create Roe v. Wade
Justice Blackmun echoed the Population Bomb's concerns about "population growth," and Ehrlich thought Roe supported "compulsory abortion."
New in Civitas Outlook: The Temptation of the Inferior "Imperial Judiciary"
"As Judge Kenneth K. Lee wisely warned, judges of the inferior courts should 'not be seduced by the temptation of judicial resistance,' lest they inch towards an inferior 'imperial judiciary.'"
The Penis Mightier
Why is it worse to use problematic language to describe something than to acknowledge that thing is actually problematic?
The First Opinion From Justice Hawkins on the Supreme Court of Texas
"Is a holiday-themed community footrace 'recreation'?"
Judge VanDyke: "This is a case about swinging dicks."
30 members of the Ninth Circuit write to disagree.
The Ninth Circuit's En Banc Shadow Docket
Why can lower courts issue unexplained rulings on the emergency docket, but not SCOTUS?
Justice Jackson Was Partly Mistaken About Mifepristone
The Biden Administration also announced a new COVID-era policy, halting the enforcement of the "initial in-person visit requirement."
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.
