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
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.'"
The Tariff Case and Veto Overrides
It always takes a veto-proof majority to claw back the President's powers.
New in Civitas: "Eliminating Liberal Institutional Asymmetries"
"For now, the only way to advance conservatism is to eliminate liberal institutional asymmetries."
Counting to Five for the Government In The Tariffs Case
I was in the Court, and I have a different take on the case.
The Shortest SCOTUS Oral Argument In The Modern Era?
Coney Island Auto Parts, Inc. v. Burton was over in 37 minutes.
Six Things I Learned From Jodi Kantor's Latest Article
The Court installed timers to keep track of how long each Justice speaks for!
The Voting Rights Act Asymmetry Comes For Staten Island
The VRA allow Democrats to challenge Republican districts, but does not allow Republicans to challenge Democratic districts.
Could the United States Unilaterally Grant Puerto Rico Independence?
Puerto Rico does not have a viable path towards statehood, and it is unclear what value Commonwealth status provides to the United States.
Bork Lecture at FedSoc National Convention Will Include Panel of Judges To Address Antisemitism
A fitting update to the rising tide of antisemitism on the left and the right.
I Think I Know Why SCOTUS Does Not Grant Fourth Amendment Cases Anymore
Search and seizure cases are very fact bound. The Court wants to set general standards.
Senator Cruz Warns About Rising Antisemitism on the Right
"But the danger that I want to highlight to you tonight is not antisemitism on the left. It is antisemitism on the right."
A Preference For Non-Judges on the Supreme Court of Texas?
Governor Abbott's recent appointments to SCOTX did not come from the bench.
Jack Smith Miscalculated The Odds of Drawing Judge Cannon, and After He Lost, Asked SG Prelogar For Permission To Seek Cannon's Removal
A new book provides an inside look to the Florida Special Counsel investigation.
Review of The Heritage Guide to the Constitution in the Washington Free Beacon
"It is, quite simply, the most thorough, useful, and readable guide to our fundamental law available today.
Two Federal Judges Apologize For Issuing Opinions With AI Hallucinations
An intern and a law clerk used generative AI, and the judges didn't catch the hallucinations.
The Asymmetry on Standing for Liberals and Conservatives
Justice Kagan acknowledged an unspoken truth in standing law: it is easier for blue litigants to have standing than for red litigants.
SCOTUS Still Has PTSD From The 2020 Election
The Court will likely find standing in Bost to avoid the "nightmare scenario" of cancelling votes after they are cast.
Judge Oldham Wants To Restore A Judiciary Without Horizontal Stare Decisis
Judges would find the law, rather than mechanically following every word that appears in a published opinion.
