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 Wall Of Separation Between LGB and T
The Log Cabin Republicans will no longer advocate for transgender issues.
Oklahoma Attorney General Responsible For Two Terrible Supreme Court Decisions Loses Gubernatorial Primary
I'd like to think Drummond lost because of St. Isidore's and Glossip.
New in SCOTUSBlog: The justices should regularly sit on the lower courts
The chief justice should ask each circuit justice to preside over one en banc oral argument of his or her circuit.
New in Civitas Outlook: "SCOTUS's Immigration Rulings Chastise Trump on Morality"
"Mullin v. Doe should have been resolved on legal grounds without the need to virtue signal about immigration."
How Long Did Justice Jackson's "Kafkaesque Nightmare" Dissent Hold Up Trump v. California?
In a future writing, I propose a mechanism whereby six Justices can force the release of any pending case.
AI Freezes The Scholarly Voice
AI trains on your voice at a particular point of time, and stunts future development.
What Authority Allowed Justice Rehnquist to Sit by Designation on the Federal District Court?
The record From Justice Rehnquist's 1984 civil trial does not provide an answer.
Another Unusual Footnote In An En Banc Fifth Circuit Opinion
Something strange happened in these two cases.
Minnesota's "Nudification" Ban Repeats Unconstitutional Errors of Early Revenge Porn Bills
The lack of a scienter requirement renders the content-based ban unconstitutional.
New in SCOTUSBlog: "The chief justice should share much of his power"
"All of the justices should take an equal role in guiding the court’s future."
The East Wing and Justice Breyer's Concurrence in Van Orden v. Perry
A court-ordered demolition of a White House national security facility, broadcast to the entire world, would be a Rubicon that should not be crossed.
New in Civitas: Curtail the Cult of Judicial Celebrity
Another reform without changing the composition or jurisdiction of the Court.
Did The ACLU Make A Mistake By Seeking Certiorari in the Texas Ten Commandments Case?
There may have been some wisdom in letting the red states post the document on the wall, but leaving old precedents in place.
How To Teach Trump v. Barbara?
The Barnett/Blackman casebook split up the case into six excerpts that stretch across sixty pages that can be taught in two classes.
Judge Rudofsky Will Be An Excellent Addition To the Eighth Circuit
I appreciate the trend of elevating District Court judges to the Circuit Court.
Surrogacy Contracts, Abortion, and Peonage
Some questions for liberals and conservative to think about.
Fifth Circuit Allows 2021 Texas Election Integrity Law To Finally Go Into Effect
"In short, we have been playing an exhausting game of Whac-A-Mole to correct the district court’s mishandling of this case."
New In SCOTUSBlog: The court should hold oral argument outside of the capital
"I am confident there would be a bipartisan groundswell of support to get the justices out of the beltway."
I Say No To SubStack, And Chief Justice Roberts Says Yes
"Flagging for you a new essay by Chief Justice Roberts on William Howard Taft for In Pursuit..."
"A Tale of Two Chiefs"
"This tale of two chiefs depends entirely on whether Roberts determines the decision will lead to the best of times or the worst of times. If the Chief fears rough roads ahead, less will be decided."
What Will The "Apolitical Proceduralist" Do With The East Wing Case?
Will Justice Barrett really find standing based on an "aesthetic" injury?
