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
Article III Inverted: The Supreme Court Surrenders to Inferior Court Supremacy.
Chief Justice Roberts and Justice Barrett are engaging in alternative dispute resolution, rather than constitutional adjudication.
Neutral Principles for the Emergency Docket
The lower courts, which are issuing unappealing rulings, are inverting the Article III hierarchy. This Inferior Court Supremacy cannot stand.
Harlan Virtual Supreme Court Round of Ten
Ten teams of high school students presented oral arguments on Free Speech Coalition v. Paxton.
How Will Chief Justice Roberts Split The Baby In Dellinger?
Roberts will find that the removal was unlawful, but that the court lacks an equitable cause of action to reinstate it, leaving backpay as the only available judicial remedy.
Fifth Circuit Panel Issues 24-Page Unpublished Opinion In Favor Of Planned Parenthood and Reverses Judge Kacsmaryk
Is this opinion a "one and done" decision to evade en banc review?
If The Courts Want Their Orders To Be Followed, The Courts Must Issue Orders That Can Be Followed
Federal judges are walking on thin ice by issuing unappealable TROs and failing to stay their rulings.
Federal Judge Sanctions Attorneys For Judge-Shopping
No, this did not occur in Texas.
Has Hill v. Colorado Already Been "Abandoned" Like Lemon?
Did Kennedy v. Bremerton overrule the precedent on precedent from Rodriguez de Quijas?
Authorship Predictions for the October Sitting
It is never too early to make predictions!
Did Judge Reyes Impose An Unconstitutional Religious Test?
Can a federal judge ask a DOJ lawyer "What do you think Jesus would say"?
SCOTUS Takes A Holiday From The Separation of Powers On The Hampton Dellinger Jitney
Apart from the Appointments Clause, I think we are standing at the precipice of federal courts revolution.
The Federal Supremacists Write a Ticket Good for One Ride in Williams v. Reed
But Justice Thomas is still the only Justice who (correctly) concludes that Haywood v. Drown (2009) was incorrectly decided.
Judge Ho's Decision To Appoint Paul Clement In United States v. Adams (Updated)
This decision may not pan out for the court.
Harlan Virtual Supreme Court Semifinalists
Twenty-two teams of high school students presented oral arguments on Free Speech Coalition v. Paxton.
Trump Administration Appeals Special Counsel Case to SCOTUS—No, Not The Jack Smith Case.
There are two sides to the constitutional crisis coin: if the president seeks a timely appeal, courts should consider those appeals in a timely fashion.
Federal Prosecutors Routinely Use Carrots and Sticks to "Induce" Defendants to "Support [DOJ] Policy Objectives"
Another problematic point raised in a resignation letter.
"Fools" Rush In the Department of Justice
Another day, another resignation letter.
FTC Bans Political Appointees From Being ABA Members
The ABA has been planting the seeds of its own demise for decades.
Did the Truman Administration Disobey A Federal District Court Injunction In Youngstown?
The District Court injunction did not stay its ruling, but the Court of appeals did shortly thereafter.
