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 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.
Who Speaks For The Majority In Hunter v. United States?
The 8-member majority split 2-3-3.
Chief Judge Pryor's Non-Order in the Eleanor Ross Judicial Misconduct Proceedings: Why It Is So Problematic and What Might Be Done About It
A guest post from Professor Arthur Hellman.
A Slow Thursday At The Court
And a tour around town.
FedSoc Forum: "No Enemies to the Right? Antisemitism and the Big Tent"
Jesse Merriam and I discuss the conservative tent and antisemitism.
Judge Ross Recuses From Election Interference Case
"[P]erceived support of Willis's position on election integrity could cause an objective observer to significantly doubt the undersigned's impartiality in this case"
SCOTUS To Newman: Drop Dead
The 98-year old life-tenured judge loses her final appeal.
New in Civitas: "Our American Legal Tradition Is Not the Warren Court's Tradition"
"Which tradition prevails: the first 175 years when the people were allowed to govern themselves, or the last 75 years when we lived under judicial rule?"
Justice Barrett v. Justice Jackson On Textualism
Textualists cannot rest on Justice Scalia’s laurels. They need to address modern criticisms.
Judge Ross Did Not Even Sign Her First Apology Letter
She materially breached the terms of her private reprimand many times over. Impeach her.
The Latest Chicanery in Judge Ross's Case
Congress needs to revisit this entire regime.
Judge Ross Lacked Any Remorse, and The Chief Judge of the Eleventh Circuit Gave Her One Too Many Chances To Correct The Record
The latest developments make Judge Ross's situation, and the Eleventh Circuit's response, even worse.
The Judicial Misconduct Complaint Against Judge Ryan Nelson: What Happens Next?
Another guest post from Professor Arthur Hellman.
Blockbuster NYT Reveal About Judge Ross Scandal
The Times spoke to three of Judge Ross's clerks and obtained the "offensively vague" apology letter.
Office of Legal Counsel Concludes That Disparate Impact Liability Under Title VII Is Unconstitutional
Two decades after Justice Scalia's Ricci concurrence, the "war between disparate impact and equal protection will be waged" very soon.
What Judge Wood Did Not Say About Judge Ross's Misconduct (Updated)
She says nothing about Judge Ross's dishonesty, nothing about the private reprimand, and nothing about Pauline Newman.
The Criminal Charges Against Judge Ryan Nelson: How Should the Judiciary Respond?
A guest post from Professor Arthur Hellman.
CJ Roberts Agrees with AT&T and Verizon, But Rules For FCC
The SG flipped positions on appeal, and the Chief Justice whips up a blue plate special to deny the carriers a refund.
If Judge Ross's "Improper Sexual Activity" "Greatly Damage[s] [Her] Credibility as a Judge," Does That Satisfy the Standard for Impeachment?
Another guest post from Professor Arthur Hellman.
The Supreme Court For The First Time Refers To Our "Colorblind Constitution"
130 years later, Justice Harlan's Plessy dissent is now the "supreme law of the land."
The Supreme Court Reverses Inferior Court Supremacy In Alabama
Alabama has no obligation to follow a vacated order, and had every right to challenge a district court's order until it is settled by the Supreme Court.
New in Civitas: "The Roberts Court Needs To Reboot The Machinery Of Death"
"The way for judges to stop tinkering with the machinery of death is to stop tinkering with the machinery of death."
Judge Ross Should Have Been Punished For Abdicating Her Judicial Power To Her Law Clerks
Perhaps it is common enough for Presidents to sign executive orders he does not read, or for members of Congress to vote on bills they do not read, but federal judges should aspire to a higher standard.
Justice Thomas Faults The Court's Inconsistent Approach to Summary Reversals
This aspect of the "shadow" docket is largely ignored.
