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
NRA v. Vullo and Trump v. Hawaii
Citing Governor Cuomo's tweets harkens back to, and perhaps foreshadows, litigation against President Trump.
Justice Alito's Letter About The Flag Flap
He will not recuse, so everyone should move on.
The Alito Flag Flap, Snyder v. Phelps, and Chaplinsky v. New Hampshire
The latest reporting from the New York Times intersections with Free Speech cases.
Hoping for Three More Votes
Gorsuch: "If there are not yet four votes on this Court to take up the question whether Williams should be overruled, I can only hope someday there will be."
The Origin Story of Dobbs
A deep dive into how Dobbs came to be.
The Old Gray Lady In Distress
To be clear, I am referring to the New York Times.
Justice Thomas's Concurrence in Alexander v. SC NAACP
I think Justice Thomas is setting up to find that the Voting Rights Act is unconstitutional, at least with regard to redistricting.
The Value of Legislative Drafting Guides
In Brown v. United States, Justice Alito relied on them, but Justice Jackson did not.
On Flags and Collars
RBG wore her dissent jabot the day after the 2016 election.
A Family Affair for President Biden's Nominees To First and Sixth Circuits
CA6 nominee Karla M. Campbell was Judge Stranch's first law clerk, and CA1 nominee Justice Julia M. Lipez is filling the seat her father formerly held.
30 Months After Only Three Justices Would Have Granted Cert in Roman Catholic Diocese of Albany, the New York Court of Appeals Holds Fulton Changed Nothing
Decisions from Justices Kavanaugh and Barrett continue to linger.
CFPB v. CFSAA: Originalists v. Traditionalists
The Court's originalists and traditionalists break out into their camps.
Fringe Theory About Justice Alito
A neighborly spat elevated into a conspiracy-theory to disqualify Justice Alito.
Austin Judges Shop For Cases With "Mutual Consent"
Cases in the Austin Division of the Western District of Texas are not "randomly" assigned.
Why did President Biden invoke executive privilege over the recording of his special counter interview, but not the transcript?
"The absence of a legitimate need for the audio recordings lays bare your likely goal—to chop them up, distort them, and use them for partisan political purposes."
Why did Justices Sotomayor, Kagan, and Jackson Dissent in Robinson v. Landry?
And what would have happened if Justices Thomas, Alito, and Gorsuch did not vote to grant the stay?
Louisiana SG Seeks Initial En Banc in 5th Circuit On Whether Section 2 of VRA Has Implied Private Right of Action
"Appellants thus seek to advance judicial economy—as this Court has done—through 'initial en banc hearing … without requiring the matter to percolate uselessly through a panel.'"
Congratulations to the Finalists of the Harlan Institute-Ashbrook Virtual Supreme Court Competition
High School Students from Minnesota and New York argued before a panel of three federal judges and visited the United States Supreme Court.
