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 Clear Statement Rule and the Major Question Doctrine As Substantive Separation of Powers Canons
The clear statement rule and the major question doctrine both function as substantive separation of powers canons in order to avoid deciding if federal actions are unconstitutional.
Chemerinsky: "Anti-Semitism is not taken as seriously as other kinds of prejudice"
"A plainly anti-Semitic poster received just a handful of complaints from Jewish staff and students"
Presidential Bribery and the Clear Statement Rule in Trump v. United States: Revisiting Issues From The First Trump Impeachment and the Mueller Investigation
Questions from Chief Justice Roberts and Justices Kavanaugh and Gorsuch revisit unresolved issues from 2017-2020.
The Kentucky Legislature Removed The Governor's Power To Temporarily Appoint A Senator
Would the Governor's veto of the bill have even been effective?
Ohio AG Asks State Supreme Court To Bar Universal Injunction
Can a state trial court issue an "universal injunction" against all parts of a new law, even though "only two named plaintiffs have alleged narrow harms from only one part of the law."
Justice Kavanaugh's Concurrence in Labrador v. Poe
Justice Kavanaugh laid out a unifying theory for the Shadow Docket.
Justice Gorsuch's Concurrence in Labrador v. Poe
The walls are closing on universal, non-party injunctions against state laws.
Unanimous Supreme Court Adopts the Sword-Shield Dichotomy To Explain How Constitutional Rights Can Be Litigated
Justice Thomas: “constitutional rights are generally invoked defensively in cases arising under other sources of law, or asserted offensively pursuant to an independent cause of action designed for that purpose”
Justice Kavanaugh Rejects The Substantive "Veterans Benefits" Canon
A careful textualist analysis that speaks more broadly to other substantive canons, including Chevron deference.
Special Counsel Jack Smith Responds to Blackman-Tillman
No matter how you slice it, Smith cannot exercise the powers he purports to exercise.
Judge James C. Ho's Remarks to the Midland County Bar Association
"This isn’t about forum shopping. It’s about forum shaming. It’s about shaming judges who won’t distort their rulings to do their bidding—while rewarding those judges who do."
Justice Barrett on the Takings Clause and the Police Power
"Though at times the two seem more like in-laws than soulmates."
Berkeley Students Post Anti-Semitic Cartoons, Disrupt Dinner at Dean Chemerinsky's Home
"I never thought I would see such blatant antisemitism."
Judge Gibbons's Replacement By Her Former Clerk Would "Flip" The Sixth Circuit
Gibbons declined to take senior status during the Trump years, but will now be replaced by her former law clerk.
McConnell and Schumer Offer Dueling Approaches To Judicial Reform
McConnell's bill would ensure that no one can benefit from nationwide injunctions. Schumer's bill would ensure that liberal litigants still benefit from nationwide injunctions.
Fifth Circuit Judges Clash Over Venue and Judge Shopping
Judges Oldham and Higginson disagree about where a case belongs: NDTX or DDC.
With the Lemon Test Dead, Can The Establishment Clause Be Unincorporated?
The establishment principles grounded in original meaning can be shifted to the Free Exercise Clause.
