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 Private Ethics Order From The Fifth Circuit With Dissents To Make It Public (Updated)
How could it be that not a single member of the 11th Circuit Judicial Council thought to make Judge Betsy's reprimand public?
DOJ Moves To Disqualify Judge Ross In Election Interference Case
The Eleventh Circuit's decision to identify a conflict of interest, but not identify the conflicted judge, leaves litigants guessing.
What's Next for Judge Eleanor Ross? A 2009 Impeachment May Provide Some Clues
A guest post from Professor Arthur Hellman
Bloomberg Law Confirms That Judge Betsy is Judge Ross
Now that her identity is known, the consequences should begin.
SCOTUS Summarily Reverses The "Inquisitorial" Fourth Circuit Twice In One Term
The judges of the Fourth Circuit continue to act as advocates.
The Stains On The Federal Judiciary
Compare what Bill Clinton did with Monica Lewinsky to what "Subject Judge" did with her paramour.
Who Is The District Court Judge Who Was Privately Reprimanded For Having Loud Sex In Her Chambers With A Law Enforcement Officer From Her District?
The clues in the memorandum point to a specific judge.
The Unusual Denial in Reinink v. Hart
After 8 relists, the petition is denied, but Justices Thomas and Alito would have SumRev'd "for essentially the reasons given in Judge Larsen’s separate opinion"
Did Justice Alito Lose The Majority Opinion In Hamm v. Smith?
It seems possible that the Chief Justice assigned the majority to Justice Alito, but something happened along the way, and Justices Kavanaugh and Barrett decided to DIG.
There Is No Equitable Constitutional Cause Of Action To Challenge The Presidential Record Act Policy
The Supreme Court needs to bring clarity to this issue.
Imposing Imposter Syndrome
DEI creates, and exacerbates, the very problem DEI is designed to eradicate.
The Dangerous Allure When Untalented People Use AI
Patent nerds should not pretend to be talented enough to boast about making a Schoolhouse Rock video.
Bill Maher On The Blatant Double Standard For Antisemitism
"But China, Russia, Sudan, Iran, Myanmar, Haiti, the Congo, North Korea, all way worse. And that's how you know it's anti-Semitism. It's the inconsistency."
Chief Judge Moore Commissions Bizarre AI Cartoon About The Federal Circuit Without Judge Newman
Kimberly Moore may rival Neal Katyal for the most cringey YouTube video in recent memory.
Why is the Court GVRing Cases In Light Of Callais That Did Not Turn On The Issues In Callais?
I think the Court is hoping these cases go away on the merits and they won't have to deal with them.
Guest Post: State Prosecutors, Protests, and Politics as Usual?
Professors Bruce A. Green and Rebecca Roiphe opine on the disqualification of a Santa Clara County prosecutor.
A Footnote To Danco?
Justice Alito's dissent had two footnotes, but they were not numbered.
What Do Bruen, Dobbs, and SFFA Have In Common?
The Supreme Court issued landmark rulings that were resisted by lower courts, and the Supreme Court refused to intervene.
The Domestic Emoluments Clause Returns To The Trump Presidential Library in Miami
The Trump Library will stand tall, but the plaintiffs have no standing.
Transgender Subpoena Leads To Transdistrict Struggle
A District Court in Rhode Island attempts to quash a subpoena issued by a District Court in Texas.
The Antipreemption Court
Another decision where the conservatives line up against federal preemption.
The Harlan Institute Championship Round At The National Archives
High school students presented arguments about whether to declare independence in the presence of the Declaration of Independence.
The Stunning Plan To Reverse The Supreme Court of Virginia: Lower The Retirement Age to 54, "Retire" The Justices In The Majority, Install Cronies To Uphold New Map
This is not constitutional hardball. It is murderball.
WaPo: "Neal Katyal's TED talk spins a remarkable tale."
"The implication that McConnell put me up to writing the piece is simply false."
