Josh Blackman is a constitutional law professor at the South Texas College of Law Houston, an adjunct scholar at the Cato Institute, and the President of the Harlan Institute. Follow him @JoshMBlackman.
Latest from Josh Blackman
Ezell v. City of Chicago and Kanter v. Barr
"Stephen E. Sachs, a leading scholar of civil procedure and constitutional law, will join the faculty of Harvard Law School as the inaugural Antonin Scalia Professor of Law, effective July 1."
Now available in Print and on Kindle
This device has worked much better than mesh networks and repeaters.
In this case of first impression, Judge Bush turns to the original meaning of the Fourteenth Amendment
Revisiting Governor Cuomo's Hostility Towards Orthodox Jews In Light of His "Fucking Tree Houses" Comment
Cuomo has no problem with progressive secular Jews. Orthodox Jews are "these people."
DC v. Heller
"In response to recent judicial rulings, effective immediately, location and capacity limits on places of worship are not mandatory but are strongly recommended."
The top 24 teams argued Torres v. Madrid.
Two decade apart, Judge Moore has been on both sides of the issue.
"The Ninth Circuit’s failure to grant an injunction pending appeal was erroneous."
Biden mostly limited membership to constitutional law professors who are in the SCOTUS club.
"As judges, we have sworn an oath to uphold the Constitution. So if we are forced to choose between upholding the Constitution and extending precedent in direct conflict with the Constitution, the choice should be clear."
The Supreme Court can rule any time before April 15. After that date, the regulations will be substantially modified.
Town of Greece and American Legion
The Tenth Rule of Court Packing Is Play Your Base By Appointing A Well-Balanced Commission With No Actual Mandate
Shortly after Justice Breyer signals he may stick around, and progressive groups demand a new Justice, President Biden appoints reasonable people to the Supreme Court Commission.
Did Thomas (and Barrett) decline to dissent because of vehicle problems?
McCreary County v. ACLU and Van Orden v. Perry
Chief Judge Owen and Judge Southwick largely joined Judge Dennis's majority opinion to form a mostly-controlling opinion.
CDC: "The risk of SARS-CoV-2 infection via the fomite transmission route is ... generally less than 1 in 10,000."
The Court's refusal to reconsider TWA v. Hardison may prove significant.
His opinion in Oracle v. Google was so joyful. You can tell how much he relished writing this technical decision.
Justice Thomas Highlights that in the Civil Rights Cases, Places of "Public Amusement" Were Not Traditional Common Carriers
Justice Thomas highlighted an under-appreciated aspect of Justice John Marshall Harlan's dissent
The Court waited for this official capacity case to become moot, substituted the new President, and GVR'd the case.
Only two justices dissented from the denial of cert in Small v. Memphis Light, Gas & Water.
In Terry v. United States, SCOTUS Grants The SG's Motion For Leave To File A Brief Out Of Time For First Time In Four Decades
The Biden Administration flipped positions in Terry v. United States when its reply brief was due. And the Court was forced to scheduled a rare May sitting to avoid a mootness claim.
There have only been 9 such denials in the last two decades.
Lemon, Marsh, Weisman & In re Marriage of Graham
She talks about Kavanaugh, Gorsuch, Barrett, and Ginsburg. Merrick Garland makes a guest appearance.
Smith's rational basis standard should apply to prospective neutral laws, not arbitrary regulations gerrymandered to avoid an extant free exercise religious conflict.
About Two Hours After Bible Worship Group Seeks Emergency Injunction, California Relaxes Guidance for April 15–After Easter, of Course
This never-ending game of whac-a-mole-is a waste of time, and exhausting.
"California—assisted by the Ninth Circuit ... has 'disregard[ed] the lessons from [this] Court' and 'turned a blind eye to discrimination against religious practice'—continues its rearguard action against the free (and safe) practice of religious faith."
The teams will compete in the first round on April 10 and 11.