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
A Chronological Reader's Guide To The Opinions In Trump v. Barbara
How to read nearly 200 pages of opinions by time period.
It Is Time To Revisit Kennedy v. Louisiana
Even if there was an actual "national consensus" against capital punishment for child rape in 2008, the facts are different today.
New in Civitas: "Immigration Indoctrination: Story Time For the Fourth of July"
"Progressive attempts to highlight America's ills continue to backfire tremendously."
The Civitas Collection 250
Essays by 25 scholars examining the expansive terrain of the Declaration of Independence
Edited Version of Trump v. Slaughter
108 pages reduced to 31 pages.
How Did Justice Sotomayor Assign Dissents in 6-3 Cases This Term?
It strikes me as odd that Justice Kagan did not write the Slaughter dissent.
Nina Totenberg Sincerely Apologizes For An Inexplicable Error
This is just the latest in a series of questionable judgments that Totenberg has made over the years.
On The Other Side Of The Looking Glass With West Virginia v. B.P.J.
A debate about the meaning of "biological sex" on NPR.
Mopping Up The Supreme Court's Docket
The Court GVR's a petition filed in October 2024 by John Sauer and grants an AR-15 Case After 6 Months Of Relists
NPR Announces, and Retracts, Alito Retirement Story
There needs to be more of an explanation what happened.
Chief Justice Roberts (Likely) Ordered The Release Of Cook 30 Minutes Before He Announced It
Slaughter and Cook were bundled together, as the Chief (likely) instructed.
New Essay: Obergefell's Second Decade
Progressives continue to bemoan the Roberts Court's supposed "illegitimacy." But a case they venerate remains the measuring stick for judicial hubris.
Something Feels Off About Hemani and Wolford (Updated)
The Court decides two major Second Amendment cases, but the latter does not even mention the former.
Did Justice Jackson Lose The Majority In Landor To Justice Gorsuch? (Updated)
I think Gorsuch was able to flip the majority and place the Court back on the path to policing the scope of the spending power and the Necessary and Proper Clause.
Cisco Slams The Door on ATS, and Perhaps All Other, Implied Causes of Action
A scholarly opinion from Justice Barrett with some punchy lines.
How To Assess AI-Aided Students?
We need to reconsider oral evaluations.
What Did Professor Barrett Think About Smith?
Justice Barrett's views on the Supreme Court's supervisory power were set two decades ago; what about her views on the Free Exercise Clause?
Justice Scalia's Message To Law School Faculty
I heard Justice Scalia bestow this wisdom in 2013, and never forgot it.
The Supervisory Power Of The Supreme Court As A Form Of Virtue Signaling
Only Justice Thomas was willing to look past the difficult consequences of an appellate waiver.
When Justice Professor Merged With Justice Barrett
Hunter presented a weird syncretism between Amy Coney Barrett's scholarship and her jurisprudence.
The law that Citizenship Clause litigation forgot: the 1872 Oregon Territory citizenship statute
A guest post from Elliott Wainwright.
