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.
Josh Blackman
Latest from Josh Blackman
"The Hidden Nazi: The Untold Story of America's Deal with the Devil"
An intriguing new book from Dean Reuter, Colm Lowery, and Keith Chester
"An Introduction to Constitutional Law" is back in Stock on Amazon
My new book with Randy Barnett had been sold out since its release date!
Oyez! Oyez! Oyez! The October Term 2020 of FantasySCOTUS is now in session
Predict all of the biggest cases at the Supreme Court
The Inspector General, General Services Administration, Refuses to Acknowledge Her Plain Error About the Domestic Emoluments Clause
During the 1793 auction, President Washington purchased public, not private land.
The 2019 Harlan Institute-ConSource Virtual Supreme Court
High School Students Can Write Briefs and Make Oral Arguments for Espinoza v. Montana Department of Revenue
Bloomberg Law Finally Retracts Its False and Misleading Story about Leif Olson
Editor: "We failed to meet our editorial standards for fairness and accuracy"
7 More Cases Everyone Should Know From the Roberts Court
Fisher I, Windsor, Noel Canning, Hobby Lobby, Obergefell, Fisher II, Whole Woman's Health
The Office of Legal Counsel Has Not Shifted Its Position on Whether the Foreign Emoluments Clause Applies to the President. But the Civil Division Has.
DOJ’s Schrödinger’s Briefs in the Emoluments Clauses litigation are in tension with a 2009 OLC Opinion
Ben Penn's False and Misleading Email to the Department of Labor
Frank Bednarz and Ted Frank submitted a FOIA Request to DOL for messages from Bloomberg Law's Ben Penn
Introduction to Constitutional Law
7 Cases Everyone Should Know from the Roberts Court
Heller, Citizens United, Stevens, McDonald, Snyder, Brown, and NFIB
The Congressional Research Service Has Shifted Its Position on Whether the Foreign Emoluments Clause Applies to the President
CRS has relied on Tillman’s Scholarship about who holds an “Office . . . under” the United States
Introduction to Constitutional Law
8 More Cases Everyone Should Know from the Rehnquist Court
Gratz, Grutter, Lawrence, McConnell, Raich, Kelo, McCreary County, and Van Orden
Introduction to Constitutional Law
7 More Cases Everyone Should Know from the Rehnquist Court
Lopez, Seminole Tribe, Romer, Virginia, City of Boerne, Printz, Morrison
Introduction to Constitutional Law
8 Cases Everyone Should Know from the Rehnquist Court
Dole, Morrison, Johnson, Smith, New York, R.A.V., Casey, Church of the Lukumi
Introduction to Constitutional Law
7 Cases Everyone Should Know from the Burger Court
Roe, Frontiero, Buckley, Craig, Bakke, Penn Central, and Cleburne
When is it acceptable journalistic practice to "surface" old social media posts?
Journalists should not waste time scrolling through a decade of old Facebook postings with the sole purpose of trying to find something offensive
Introduction to Constitutional Law
11 Cases Everyone Should Know from the Warren Court
Brown, Bolling, Lee Optical, Cooper, Sherbert, Sullivan, Heart of Atlanta, McClung, Griswold, Loving, and O'Brien
Introduction to Constitutional Law
Three Cases Everyone Should Know from the Stone and Vinson Courts
Wickard, Korematsu, and Youngstown
Introduction to Constitutional Law
8 Cases Everyone Should Know from the Hughes Court
O'Gorman, Stromberg., Nebbia, Schechter Poultry, West Coast Hotel, Jones & Laughlin Steel, Carolene Products, Darby
Introduction to Constitutional Law
11 Cases Everyone Should Know from the White and Taft Courts
Buchanan, Hammer, Schenck, Debs, Abrams, Penn. Coal, Adkins, Meyer, Pierce, Gitlow, and Buck
Introduction to Constitutional Law
10 Cases Everyone Should Know from the Waite and Fuller Courts
Cruikshank, Strauder, Civil Rights Cases, Yick Wo, Hans, E.C. Knight, Plessy, Champion, Lochner, and Muller
Introduction to Constitutional Law
8 Cases Everyone Should Know from the Taney and Chase Courts
Prigg, Dred Scott, Merryman, Dewitt, Hepburn, Knox, Slaughter-House, and Bradwell
Introduction to Constitutional Law
5 Cases Everyone Should Know from the Jay and Marshall Courts
Chisholm, Marbury, McCulloch, Gibbons, and Barron
Introduction to Constitutional Law
Introducing ConLaw.us
An Interactive Web Site To Explore the 100 Supreme Court Cases Everyone Should Know
Introduction to Constitutional Law
An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know
This book and video series teaches the narrative of constitutional law as it has developed over the past two centuries.
Why did "sources familiar with the private Supreme Court deliberations" talk to CNN about the Census Case?
What do we make of the Department of Commerce leak? And did Justice Sotomayor lose the majority opinion in Gundy?
DACA, Major Questions, Gundy, and the Non-Delegation Doctrine
President Trump's Tweet Demonstrates Why He Can Rescind His Predecessor's Immigration Policy
9/11/2001 in Staten Island, New York
My annual remembrance of September 11, 2011
My Upcoming Speaking Engagements
I hope to see you on the road!
Does the Fifth Circuit Permit En Banc Review of "Interim" Rulings?
Judge Don Willett Says No, Citing "Nonpublic 'Internal Court Policies'"
Bloomberg Law's False and Misleading Report about Leif Olson
Reporter Ben Penn failed to detect obvious sarcasm, and made a blatantly false statement about Leif Olson's career
The Fifth Circuit Divides on Qualified Immunity, and Originalism
Judges Ho and Oldham: "Originalism for plaintiffs, but not for police officers, is not principled judging. Originalism for me, but not for thee, is not originalism at all."
What is the Plaintiffs' Cause of Action in the Wall Litigation?
Like in the Emoluments Clauses cases, plaintiff’s mere allegation that the government is acting ultra vires is not enough to establish an equitable cause of action
Amity Shlaes Responds on Schechter Poultry
Justice Gorsuch was right to rely on her account of Schechter Poultry in "The Forgotten Man"
My Revised Essay, #Heckled
I use my CUNY protest to assess how the First Amendment—and broader principles of free speech—should treat the heckler’s veto on today’s college campuses.
The Trump Administration Does Not Support The Total Invalidation of the ACA
DOJ (Quietly) Prefers Justice Thomas’s Approach from Murphy v. NCAA: Only Enjoin the Provisions that Injure the Plaintiffs
The Affordable Care Act Imposes A Mandate. Not a Choice.
The Structure of NFIB v. Sebelius: Parts III.A, III.B, III.C, and III.D
New Essay: "Originalism and Stare Decisis in the Lower Courts"
When and How Can Lower-Court Judges Be Originalists?
The Private Plaintiffs Are Still Standing in Texas v. U.S.
If the Private Plaintiffs in NFIB v. Sebelius were injured by the mandate, then the Private Plaintiffs in Texas v. U.S. are injured by the mandate
Understanding the New Obamacare Decision, Texas v. United States: Part I
[A guest-post by Prof. Josh Blackman (South Texas College of Law), a noted expert on Obamacare-related litigation. -EV]
Who Was Right About the Emoluments Clauses? Judge Messitte or President Washington?
[I'm delighted that Profs. Josh Blackman and Seth Barrett Tillman, have passed along this response to the recent decision in the Emoluments Clause litigation against President Trump; naturally, I'd be delighted to post a response in turn from their adversaries. -EV]
