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
Class #19: Due Process Clause I and Zoning III
Lochner, Muller, Buchan, and Adkins
Judge Torruella, the Lone First Circuit Judge in Puerto Rico, Passed Away
There is no statutory requirement that his successor must reside in Puerto Rico.
Briefs filed in Lebovits v. Cuomo and Agudath Israel of America v. Cuomo
Briefs filed by the Jewish Coalition for Religious Liberty and the Becket Fund for Religious Liberty.
Justice Barrett: "I love the Constitution and the democratic republic that it establishes, and I will devote myself to preserving it."
"A judge declares independence not only from Congress and the President, but also from the private beliefs that might otherwise move her."
The Timing of DNC v. Wisconsin State Legislature
The Supreme Court released its opinion about thirty minutes before now-Justice Barrett was confirmed.
The Seventh Rule of Court Packing Is To Rule Out Term Limits for Supreme Court Justices
Biden: "It's a lifetime appointment. I'm not going to attempt to change that at all... But I have made no judgment, my word."
I Want You For Court Packing!
A future message from the Biden-Harris Transition Team.
The Sixth Rule of Court Packing is Appoint A Commission To Recommend Court Packing
Biden: "If elected, what I will do is I'll put together a national commission."
Fun Facts About Judge David C. Westenhaver of the U.S. District Court for the Northern District of Ohio (1865-1928)
The Wilson appointee presided over the sedition trial of Eugene Debs and declared unconstitutional the Village of Euclid's zoning code
Classes #18: The Scope of the 14th Amendment III and Zoning I
Yick Wo, Plessy, and Village of Euclid
ACB on RAP
Doug Kmiec writes that his former student, Amy Coney, "deftly answered" questions about the Rule Against Perpetuities.
Classes #17: The Scope of the 14th Amendment II and Covenants IV
Strauder v. West Virginia, the Civil Rights Cases, Sanborn v. McLean, Shelley v. Kraemer, Western Land v. Truskolaski
One week away from Justice Barrett's (likely) confirmation, the Court 4-4's an appeal from the Pennsylvania Supreme Court
The application for a stay was filed on 9/28, and the briefing completed on 10/6. 13 days later, the Court was unable to break a deadlock.
Justice Kavanaugh asks his former clerk, Assistant SG Rebecca Taibleson, if Justice Scalia, her other former boss, was correct about originalism.
The only answer to that question is "Yes, the boss was right."
Cancelling Dianne Feinstein
Embraced by Lindsey Graham, but not by San Francisco Public Schools
A Thought Experiment: Allow Cameras in the Supreme Court, But Only Admit People from the Public from a Lottery
At this point, I think the protesters are the biggest risk to adding cameras in the Court.
Settled by "Scientism"
Science cannot settle all policy debates.
The Fifth Rule of Court Packing Depends How Republicans Handle it.
Biden: "It depends on how they handle this."
Judge Barrett: "For me to say, I am not willing to undertake it even though I think this is something important, would be a little cowardly and I would not be answering a call to serve my country."
"If we are to protect our institutions, and protect the freedoms, and protect the rule of law that is the basis for society and the freedom we all enjoy, if we want that for our children and our children's children, then we need to participate in that work."
Judge Barrett is asked about the Emoluments Clause litigation
Remember Emoluments?
Judge Barrett on the Lochner Era and the "Switch in Time"
Senator Hawley asks ACB about OWH's dissent.
Judge Barrett Refuses To Accept the Mythicized Account of Brown
You can't talk about the Court's strength in Brown, without acknowledge its impotence in Cooper.
The Naturalness of ACB
Judge Barrett made a connection that I had not expected.
Classes #16: The Scope of the 14th Amendment I – The Privileges or Immunities Clause, andCovenants II
Slaughter-House Cases, Bradwell v. Illinois, and U.S. v. Cruikshank
Emails from Jewish Residents in New York City's Redlined Neighborhoods
"Who could possibly fathom that this would be America in 2020?"
Judge Barrett: "What sane person would go through [the Confirmation Process] if there was not a benefit on the other side?"
"Why should I say someone else should do the difficulty if the difficulty is the only reason to say no."
Classes #15: Slavery and Property Midterm Review
Dred Scott v. Sandford
The Fourth Rule of Court Packing Is Accuse Republicans of Court Packing
Biden: "The only court packing is going on right now -- it's going on with Republicans packing the court now. It's not constitutional."