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
Justice Thomas: "'it is never too late to 'surrende[r] former views to a better considered position.'"
In two opinions today, Justice Thomas disagrees with his previous positions
"Veteran" Ninth Circuit Judges Complain to L.A. Times About New Ninth Circuit Judges
Judges should not leak internal proceedings to the media
Three thought experiments: How can Congress structurally reform the federal clerkship program?
What if Congress standardized the hiring process, imposed minimum qualifications, and converted term clerks to career clerks?
Cass Sunstein's plan to limit the President's control over the Justice Department
Sunstein's two proposals would conflict with the Morrison v. Olson majority opinion
New Op-Ed in the Washington Post: "The Constitution does not place a wall between the president and the Justice Department"
"If Trump has the power to nullify a sentence after it has been imposed, he also has the far less significant power to inveigh against the severity of a sentence in advance."
The ratification of the Equal Rights Amendment could lead to an Article V Constitutional Convention
If states cannot rescind their ratification proposals, then 2/3 of the states may have already voted to call an Article V Constitutional Convention for the Balanced Budget Amendment
Justice Ginsburg maintains her position that the deadline to ratify the Equal Rights Amendment has passed
Litigation concerning the ratification of the ERA is pending in federal court in Alabama, Massachusetts, and D.C.
Texas Challenges California's Interstate "Travel Ban" in the Supreme Court's Original Jurisdiction
The suit alleges violations of the Dormant Commerce Clause, the Privileges and Immunities Clause, and the Equal Protection Clause
"Originalism and Stare Decisis in the Lower Courts"
Now published in the NYU Journal of Law & Liberty
Judge Bumatay's Originalist Eighth Amendment dissent from denial of rehearing en banc
"The Eighth Amendment’s history and original understanding are of vital importance to this case."
"An Introduction to Constitutional Law" Featured on Life, Liberty, & Levin
Our book shot to #4 on the Amazon.com best seller list, and is now completely sold out everywhere
10 tips for making travel easier
Maximize your waking hours at home, and minimize your waking hours on the road
A Twitter Thought Experiment
How much time do you spend on Twitter?
Will the Justices skip the 2020 State of the Union?
CJ Rehnquist skipped the 1999 address during the impeachment trial, and all 9 Justices skipped the 2000 address
Ten days without Twitter
And I don't miss it.
Four Thoughts on Travel Ban 4.0
The new proclamation will likely be upheld by the Supreme Court, and set the stage for future, broader entry bans
Hail to the Chief
Chief Justice Roberts deserves praise for his composure and poise during the impeachment trial
Senators Collins, Romney, and Murkowski ask about how to consider mixed motives
"President Trump had more than one motive for his alleged conduct, such as the pursuit of personal political advantage, rooting out corruption, and the promotion of national interest"
