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
With the Constitution, Deciding Less Is Moore
Justice Kavanaugh reaches out to resolve that a wealth tax is probably not constitutional.
Can an Amicus Ask the Supreme Court to Overrule a Case Where the Parties Don't?
The ACLU successfully asked the Court to reverse Wolf v. Colorado in Mapp v. Ohio.
Moore Money, More Problems
Justice Barrett once again places the burden on lawyers to make their case.
NFIB PTSD
I'm still not over Chief Justice Roberts's discussion of direct taxes.
The Sixteenth Amendment did not "Overrule" Pollock
Constitutional amendments change the organic law. They do not overrule a decision.
Handing Down The Final 19 (or 17) Opinions
With a Presidential Debate on June 27!
Counting The Votes In An Unusual Per Curiam Opinion in Gonzalez v. Trevino
We know the identity of four members of the majority, but who else joined?
New Reporting On Deliberations In Bruen
Justice Thomas's draft majority opinion had the "potential to outlaw many common gun-control measures."
On 12th Anniversary of DACA, President Biden To Announce New Executive Action For Spouses of U.S. Citizens
Parole in Place for Spouses -- Call it PIPS?
Justice Thomas Reverses President Trump's Executive Overreach in Cargill v. Garland
Justices Sotomayor, Jackson, and Kagan disregard ATF’s “about face.”
Justice Barrett's Concurrence in Vidal v. Elster Is a Repudiation of Bruen's "Tradition" Test
I expect Justice Barrett will exhibit her buyer’s remorse of Bruen in Rahimi.
The Ignored Aesthetic Standing Argument In FDA v. Alliance for Hippocratic Medicine
The fauna that did not bark, the flora that did not bloom.
Alabama Law Review: A Tribute to Twenty Years on the Bench - Chief Judge William H. Pryor Jr.
With contributions by Justice Thomas, Attorney General Sessions, and many Pryor clerks/mentees who became judges.
Justice Kavanaugh Denies Standing For Docs Against Glocks
Doctors cannot claim an injury to challenge gun control laws because their patients may be affected by gun violence.
The Standing Analysis in FDA v. Alliance for Hippocratic Medicine
The Court ducks the conscience theory of standing based on the government's new position, "abandons" Haven's Realty, and starts the deadpool for associational standing
Refugee Groups Sue Biden Administration Over Asylum Policy in DDC
The purported injury is based on diversion of resources.
Judge Tatel's Vision of the Shadow Docket From Inside the Penumbra
"The Court, we were told, 'would really like us to act tonight'—and, if possible, 'within an hour.'"
Book Advances for the Justices in 2023
Gorsuch ($250,000), Kavanaugh ($340,000), Jackson ($893,750).
Baude & Paulsen v. Blackman on Section 3
Video from the 2024 Originalism Works-in-Progress Conference
Travel Ban, Redux
President Biden invokes Section 212(f) of the INA to block asylum seekers from entering the United States.
New Article: Bilateral Judicial Reform
This Article offers ten neutral proposals that would equally weaken the right and the left.
About The Former Alito Clerk Who Attacked Him In The Philadelphia Inquirer
Professor Susan Sullivan doesn't even list Alito's name on her biography, and clerked for Judge Alito when Casey was argued.
