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 Fauci Diaries and the Cult of Judicial Celebrity
Like Dr. Fauci, (liberal) judges nominated to the Supreme Court are immediately elevated to the ranks of AAA celebrity.
Cert Denied, Cert Delayed, Cert Granted
In at least four cases, the Court denied cert over three dissentals, and then resolved the same issue a year or more later.
Judge James C. Ho's Speech On "Judicial Courage" and Judicial Selection
"Nobody actually reads what people have said and written. And that’s why mistakes are made. Because if nobody reads, then it’s not about who would do the job best. It’s about who wants the job most."
Updating The Wall of Receipts For President Trump's Three Appointees
How have Justices Gorsuch, Kavanaugh, and Barrett voted over the past year on the interim and certiorari dockets?
The New York Times On Heritage Foundation 2.0
With a flashback to my resignation.
Eliminate the Summer Recess
A new series on SCOTUSBlog with recommendations for Unilateral Supreme Court Reform.
Justices Kagan and Barrett on the SCOTUS Leaks
All nine justices are frustrated by leaks yet confidential information somehow keeps leaking.
Justice Kagan Understands The Conservative Legal Movement
For the Court's conservatives, there is a "playbook" that has nothing to do with Trump.
My Interview with Judge Altman on Anti-Semitism, Israel, and Judging
"What happened after October 7 in our sacred institutions, at our universities, in our Western media outlets, in our international NGOs and nonprofits, is that we completely forgot the ways that we had learned to tell truth from fiction."
Fired U.S. Attorney In Washington Files Case That Should Overrule Whatever Remains Of Morrison v. Olson
Justice Scalia was right. Federal courts should not be allowed to appoint federal prosecutors who cannot be fired.
Chief Justice Roberts Broke The Fourth Wall in Cook
This unusual opinion suggests something happened behind the scenes over the past ten months.
Did no one else notice Justices Kagan and Barrett's Sartorial Choices?
Kagan was in red and Barrett was in blue!
SCOTUS Granted A Petition On July 20 That Was Conferenced On June 29
This posture is very unusual.
Does The "Aloha Spirit" Violate The Establishment Clause?
The statutory definition of the "aloha spirit" seems very much like any other progressive nondeist religion.
The Timing Of The Third Circuit's "Assault Firearms" Case
This case was argued and deliberated nine months before the Supreme Court granted cert in the Cook County case, but was decided two weeks after the cert grant.
Is The Hawaii Supreme Court's "Aloha Spirit" Consistent With A Republican Form Of Government?
The Hawaii Supreme Court argued the 50th state's history was inconsistent with the Second Amendment. Perhaps the Constitution is inconsistent with the "Aloha Spirit."
What Has Heller Wrought In 18 Years?
"In nearly two decades, very little about the practical right to keep and bear arms has changed."
How Does The Supreme Court Caption Cases?
The briefs in the transgender sports cases were styled as "By next friend" but the Court captioned the case as "By her next friend."
A Chronological Reader's Guide To The Opinions In Trump v. Barbara
How to read nearly 200 pages of opinions by time period.
