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
Classes #24: Second Amendment II and Leaseholds II
Ezell v. City of Chicago and Kanter v. Barr
Congratulations to Steve Sachs, the inaugural Antonin Scalia Professor of Law at Harvard Law School
"Stephen E. Sachs, a leading scholar of civil procedure and constitutional law, will join the faculty of Harvard Law School as the inaugural Antonin Scalia Professor of Law, effective July 1."
The Reconstruction Amendments: The Essential Documents, Volumes 1 and 2 by Kurt Lash
Now available in Print and on Kindle
The solution for weak wireless signals upstairs: A USB WiFi adaptor with a 6-inch antenna
This device has worked much better than mesh networks and repeaters.
Originalism in the Lower Courts
Originalism in the Lower Courts in Sixth Circuit Abortion Case
In this case of first impression, Judge Bush turns to the original meaning of the Fourteenth Amendment
Revisiting Governor Cuomo's Hostility Towards Orthodox Jews In Light of His "Fucking Tree Houses" Comment
Cuomo has no problem with progressive secular Jews. Orthodox Jews are "these people."
Classes #23: Second Amendment I and Leaseholds I
DC v. Heller
Breaking: California Lifts All "Location and Capacity Limits on Places of Worship"
"In response to recent judicial rulings, effective immediately, location and capacity limits on places of worship are not mandatory but are strongly recommended."
The 2020 Harlan Institute-Ashbrook Virtual Supreme Court Semifinal Rounds
The top 24 teams argued Torres v. Madrid.
A Brief History of Initial En Banc in the Sixth Circuit
Two decade apart, Judge Moore has been on both sides of the issue.
Breaking: SCOTUS Grants Injunction in Tandon v. Newsom
"The Ninth Circuit’s failure to grant an injunction pending appeal was erroneous."
A Closer Who Look At Who Made The Cut For the SCOTUS Commission, and Who Didn't
Biden mostly limited membership to constitutional law professors who are in the SCOTUS club.
Originalism in the Lower Courts
Originalism in the Lower Courts: Judge Ho's dissental in Texas v. Rettig
"As judges, we have sworn an oath to uphold the Constitution. So if we are forced to choose between upholding the Constitution and extending precedent in direct conflict with the Constitution, the choice should be clear."
The Briefing is Complete in Tandon v. Newsom
The Supreme Court can rule any time before April 15. After that date, the regulations will be substantially modified.
Class #22: Establishment Clause III
Town of Greece and American Legion
The Tenth Rule of Court Packing Is Play Your Base By Appointing A Well-Balanced Commission With No Actual Mandate
Shortly after Justice Breyer signals he may stick around, and progressive groups demand a new Justice, President Biden appoints reasonable people to the Supreme Court Commission.
More Speculation about the Cert Denial in Small v. Memphis Light, Gas & Water
Did Thomas (and Barrett) decline to dissent because of vehicle problems?
Classes #21: Establishment Clause II and Marital Property III
McCreary County v. ACLU and Van Orden v. Perry
En Banc Fifth Circuit Issues Badly-Fractured 325-Page Decision in ICWA Case
Chief Judge Owen and Judge Southwick largely joined Judge Dennis's majority opinion to form a mostly-controlling opinion.
When Will The "Deep Cleanings" Stop?
CDC: "The risk of SARS-CoV-2 infection via the fomite transmission route is ... generally less than 1 in 10,000."
Get ready for religious-based objections to employer vaccine mandates
The Court's refusal to reconsider TWA v. Hardison may prove significant.
I am really going to miss Justice Breyer
His opinion in Oracle v. Google was so joyful. You can tell how much he relished writing this technical decision.
Justice Thomas Highlights that in the Civil Rights Cases, Places of "Public Amusement" Were Not Traditional Common Carriers
Justice Thomas highlighted an under-appreciated aspect of Justice John Marshall Harlan's dissent
The President of the United States v. Knight on the Shadow Docket
The Court waited for this official capacity case to become moot, substituted the new President, and GVR'd the case.
Did Justice Thomas Cover for Justice Barrett's Vote To Deny Cert To Reconsider TWA v. Hardison?
Only two justices dissented from the denial of cert in Small v. Memphis Light, Gas & Water.
In Terry v. United States, SCOTUS Grants The SG's Motion For Leave To File A Brief Out Of Time For First Time In Four Decades
The Biden Administration flipped positions in Terry v. United States when its reply brief was due. And the Court was forced to scheduled a rare May sitting to avoid a mootness claim.
SCOTUS Denies SG's Motion for Leave to Participate in Oral Argument
There have only been 9 such denials in the last two decades.
Classes #20: Establishment Clause I & Marital Property II
Lemon, Marsh, Weisman & In re Marriage of Graham
Senator Mazie Hirono Opens Up On SCOTUS
She talks about Kavanaugh, Gorsuch, Barrett, and Ginsburg. Merrick Garland makes a guest appearance.
How the Fulton Court Should View Smith In Light of The COVID-19 Pandemic
Smith's rational basis standard should apply to prospective neutral laws, not arbitrary regulations gerrymandered to avoid an extant free exercise religious conflict.
About Two Hours After Bible Worship Group Seeks Emergency Injunction, California Relaxes Guidance for April 15–After Easter, of Course
This never-ending game of whac-a-mole-is a waste of time, and exhausting.
California Bible Worship Group Seeks Emergency Application from SCOTUS
"California—assisted by the Ninth Circuit ... has 'disregard[ed] the lessons from [this] Court' and 'turned a blind eye to discrimination against religious practice'—continues its rearguard action against the free (and safe) practice of religious faith."
The Top 12 Respondent Teams in The 2020 Harlan Institute-Ashbrook Virtual Supreme Court
The teams will compete in the first round on April 10 and 11.