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
New Article: Landor v. Louisiana Department of Corrections: Bringing Clarity To The Necessary and Proper Clause
"This decision, which may be the “sleeper” case of the term, should come to be viewed as a landmark separation of powers decision on par with Lopez, Morrison, Printz, and NFIB."
Not Using A Smartphone Burdens Others
It is increasingly difficult to function in society without a phone. So I'll turn mine off.
Seven Federal Judges From Minnesota Talk To The N.Y. Times About Trump Administration
“It’s the rule of law. If you don’t have it, you have either anarchy or you have authoritarianism. You have Russia or you have China or you have North Korea.”
Nearly 50% of West Bank Palestinians Says Israel Does Not Have A Right To Exist
What "From The River To The Sea" Actually Means
Trump Goes Postal On Gorsuch, Kavanaugh, and Barrett
What did the Justices tell Trump during their interviews to make the President think otherwise?
New in SCOTUSBlog: "Break The Supreme Court Law Clerk Cartel"
"This is the eighth and final piece in a series on what I believe the court can, and should, do better."
Texas Surrogacy Case Comes To The Emergency Docket
California couple who wanted to abort their surrogate child now seek to remove one-month old baby to California where they could put him in hospice care.
Chief Justice Roberts Goes Postal on Trump's USPS Rule
Neither Snow Nor Rain Nor Heat Nor Gloom Of Night Will Stop The Shadow Docket.
New in Civitas Outlook: The Supreme Law: A Quarter Century after 9/11
"But for September 11, 2001, and the events that followed, constitutional law likely would be unrecognizable today."
The Contempt Judgment From Missouri
The Secretary of State was subject to dueling injunctions from state and federal court. It was a lose-lose.
A Remarkable 48 Hours In Missouri
Justice Kavanaugh rules against Missouri twice, likely without even reading all the papers.
A Strange Sorting Feature On The Supreme Court's Docket
The order from the Justice is listed before the reply briefs.
Will It Matter That ABA Council Repealed The DEI Standard?
Law schools will still voluntarily follow the standard, and the Department of Education will still remove the ABA's accrediting authority
New in SCOTUSBlog: Empower the Supreme Court's supermajority on substantive matters
Five votes can do anything; six votes should do everything.
CJ Roberts and the Smithsonian Bypass Congress To Build New Latino Museum
On the same day that he accuses President Trump of bypassing Congress to build a new structure, his own entity bypasses Congress to build a new structure.
Advocate John Roberts v. Chief Justice John Roberts
How do you know what a lawyer really believes when he is always representing a client?
The Biggest Revelation In Recent NYT Expose Is Justice Scalia Wasn't Planning on Dying
Scalia made no plans for his papers.
New in Civitas Outlook: "The End Is Near for the American Bar Association"
"I played a small role in trying to stop the ABA’s collapse, which I have not previously discussed, but now wish to share."
Making Sense Of The Chief Justice's Tango In The Ballroom Case
It was the Chief, and not KBJ, who was holding up the case. Was he trying to flip ACB's vote?
Strictly Ballroom: Justice Kavanaugh Defeats Chief Justice Roberts
The Court rejects the D.C. Circuit's erroneous "aesthetic injury" standing precedents and the Chief can only wax about Churchill.
New York Times Recycles Same Old Story About Northern District of Texas
Yet the article inexplicably makes no mention of judge shopping in Massachusetts and New Hampshire.
An Actual SCOTUS Nightmare
Recently, Justice Jackson warned about a "Kafkaesque nightmare" at the Supreme Court. Well, I had my own.
