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
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?
The Court Has No Interest In Overruling Smith
Fulton was the closest we'll get.
An Unusual GVR With Three Dissenting Votes
I've seen votes to grant instead of GVR, but I can't recall votes to deny instead of a GVR.
What Other Leaked Documents From Long-Ago Are Coming?
We've moved past the phase of leaking current SCOTUS documents. Now past records are in the wild.
The Substance of the Clean Power Plan Memos
The Chief Justice reminds us why he was the best lawyer of his time.
Some Questions About The SCOTUS Leak On the Clean Power Plan Case
This story is only getting started.
February 9, 2016
A flashback to the grant of the emergency stay in the Clean Power Plan.
A Flashback On The Two-Year Clause
How an obscure clause made me realize my future was in academia.
Trump Tweets About Standing!
Judge Leon should check the President's social media!
Who Owns The President's Papers?
Yes, there is a Domestic Emoluments Clause issue.
