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
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."
Three Investitures in Two Days
Congratulations to Justices Sullivan and Hawkins of the Supreme Court of Texas and Judge Taibleson of the Seventh Circuit.
What Can Be Done To Stop Campus Disruptions?
Judge Ho draws a direct line between Yale and UCLA.
Let's Talk about Neal Katyal's TED Talk
He takes a shot at Michael McConnell as "that guy" and compares the Court's questions to Harvey AI.
The KBJ Delay in Callais
Who is at fault for the rush to judgment in Louisiana?
NAACP Seek To Recall Callais Judgment So It Can Seek Reconsideration
The time to make this request was when the Plaintiffs moved to issue the judgment forthwith.
The Partisan Asymmetry In Callais
Justice Jackson never countenances that her decision to "run out the clock" might be partisan.
5th Circuit Panel Blocks 2023 Mifepristone Telemedicine Approval
This case will go to the Supreme Court very quickly.
Callais Right Away!
It makes no difference when the Court issues its judgment.
Justice John Marshall Harlan and Birth Tourism
Justice Harlan provides a middle ground for the Supreme Court on the question of birthright citizenship.
Waylay Callais!
Some preliminary thoughts.
Edited Version of Louisiana v. Callais
For the 2026 Barnett/Blackman supplement.
Published Article: A Historical Record Of Special Counsels Before Watergate
"This Article presents a corpus of primary sources that were written by presidents, attorneys general, United States attorneys, special counsels, and others between the 1850s and the 1950s."
Loper Bright and Preemption
An unexpected roundabout in the Roundup case.
SCOTUS Summarily Reverses Three-Judge Panel In Mandatory Jurisdiction Case Based On Earlier Shadow Docket Ruling In Same Case
Judge Brown's "bumpy night" ends not with a bang, but a whimper.
So There Was More To The Story
Kannon Shanmugam and Masha Hansford move from Paul Weiss to Davis Polk.
ABA: Law Schools Can Satisfy "Cross-Cultural Competency" Standard By Criticizing DEI
"Schools are free to determine the content of those sessions, even (if they so choose) teaching on the harms of diversity requirements or on the importance of religious liberty."
UCLA Students Protest FedSoc Event With DHS General Counsel James Percival
"Why'd you invite Nazis? Jew to Jew, Shame on You."
"Sotomayor Drops The Ball on Obamacare" And The Shadow Docket
A flashback to New Year's Eve 2013 in Chapter 15 of "Unraveled."
Justice Thomas Assigns Himself A Majority Opinion
The preemption case may affect the Roundup argument next week.
Does A Shadow Docket Ruling Create "Clearly Established" Law For Purposes of Qualified Immunity
Would a school district that violated Mirabelli still have QI?
Elizabeth Prelogar's Unexpected and Unusual Argument
The former Solicitor General did not sign any briefs but somehow popped up on the docket and argued the case.
Journalistic and Legal Ethics for SCOTUS Reporters
What happens when there is a conflict between the two standards?
After Mirabelli, The Other Foote Did Not Drop
Why was there no grant? Or at least a GVR to the First Circuit?
