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
Making Sense of the 7-1-1-8 Split in Environment Texas Citizen Lobby v. ExxonMobile
Does a judge have an obligation to render a judgment to ensure that the court renders a judgment?
Would Banning Social Media Implicate The Free Speech Clause? Or Would It Be an Age-Based Classification?
These questions relate to Skrmetti.
Justice Thomas's Statement Reaffirms Sword-Shield Dichotomy
"A defendant can always raise unconstitutionality as a defense 'where a statute is invalid upon its face and an attempt is made to enforce its penalties in violation of constitutional right.'"
Justices Thomas, Alito, Gorsuch, and Kavanaugh Are Active on the Cert Docket
Justice Barrett remains the most gun-shy Justice.
Originalist Angles Looking for Staff Writers
The National High School Law Journal is looking for contributors.
Updated Version of "Bilateral Judicial Reform"
Forthcoming in the Texas A&M Journal of Law & Civil Governance
The Sound of Silence in Skrmetti
Hushed whispers and heads nodding.
Kagan's Play in Skrmetti: Find that the Tennessee Law Imposes a Valid "Quasi-Suspect" Classification on Transgender People under Cleburne
And Justice Kagan will try to persuade Justices Gorsuch and Barrett to concur in the judgment, creating a 4-3-2 split.
More Leaks in the NY Times About The "Supreme Court Ethics Debate"
Jodi Kantor reports on a confidential ten-page memo from Justices Gorsuch, and comments from Justices Thomas and Alito.
Special Counsel Weiss Files Opposition to Motion to Dismiss Indictment in California Hunter Biden Case
"The defendant’s motion should be denied since there is no binding authority on this Court which requires dismissal."
A Proposal To Create A New Article III Court of Immigration Review
"Creation of the COIR would also ensure a 'uniform rule' of immigration law as commanded by Article I of the U.S. Constitution."
Comparing Trump's Pardon of Arpaio and Biden's Pardon of Biden
The more things change, the more things stay the same.
Part XVI: The Rights of the Accused
An Introduction To Constitutional Law Video Library: Gideon v. Wainwright (1963), Miranda v. Arizona (1966)
Part XV: Taking Private Property for Public Use
An Introduction To Constitutional Law Video Library: Pennsylvania Coal Co. v. Mahon (1922), Penn Central Transportation Company v. New York (1978), Kelo v. City of New London (2005)
Keep Calm About The Adjournment Clause and Read Tillman
Always proceed with caution when interpreting untested provisions of the Constitution in times of controversy.
Florida Attorney General Pam Bondi's Role in NFIB v. Sebelius
An excerpt from Unprecedented: The Constitutional Challenge to Obamacare (2013)
Part XIV: The Right To Keep And Bear Arms
An Introduction To Constitutional Law Video Library: District of Columbia v. Heller (2008), McDonald v. City of Chicago (2010), New York State Rifle & Pistol Association, Inc. v. Bruen (2022)
That Time Solicitor General Fried Redacted The Word "Plenary" From a Printed SCOTUS Reply Brief With A Marker
A fascinating tidbit from the excellent new book, "The Meese Revolution"
Part XIII: No Law Respecting An Establishment Of Religion
An Introduction To Constitutional Law Video Library: Engel v. Vitale (1962), McCreary County, Kentucky v. ACLU of Kentucky (2005), Van Orden v. Perry (2005), Town of Greece v. Galloway (2014)
Part XII: The Free Exercise of Religion
An Introduction To Constitutional Law Video Library: Sherbert v. Verner (1963), Wisconsin v. Yoder (1972), Employment Division v. Smith (1990), Church of the Lukumi Babalu Aye v. City of Hialeah (1993), Burwell v. Hobby Lobby Stores (2014)
Part XI: Freedom of Speech
An Introduction To Constitutional Law Video Library: Schenck v. United States (1919), Debs v. United States (1919), Gitlow v. People of the State of New York (1925), Abrams v. United States (1919), Stromberg v. California (1931), United States v. O’Brien (1968), Texas v. Johnson (1989), R.A.V. v. City of St. Paul (1992), Buckley v. Valeo (1976), McConnell v. Federal Election Commission (2003), Citizens United v. Federal Election Commission (2010), New York Times Co. v. Sullivan (1964), Snyder v. Phelps (2011), U.S. v. Stevens (2010), Brown v. Entertainment Merchants Association (2011), Tinker v. Des Moines Independent Community School District (1969), New York Times Co. v. United States (1971)
