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
KBJ Would Not Martinize IFP Petitioners In Criminal Cases
Justice Jackson would instead let "Court staff . . . sort out" meritless petitions.
President Trump Repudiates Discovery Doctrine, Favors Acquisition By Conquest
Once again, Trump manages to make obscure law great again.
Three Very Short SCOTUS Unanimous Opinions In One Day, But No Tariffs
The Tariffs case is still cooking, but the Court is clearing the brush.
Three Flawed Opinions In Bost v. Illinois State Board of Elections
The majority and dissent’s understanding of standing turned on their visions of democracy. The concurrence does not fare much better.
The Board of Peace Is A Step Away From Failed International Institutions
The details are unclear, but Trump seems to be setting up an institution that could supplant the United Nations Security Council.
When a Justice Shares The Name With The Party
Justice Barrett did not write Barrett v. United States, but other Justices wrote the majority opinion who shared a name with a party.
Hecox May Still Hide In Justice Kennedy's Shadow
There is nothing originalist about Footnote Four, animus, and suspect classes. Let it go already.
Can You Waive A Substantive Canon?
Justice Gorsuch suggested that the West Virginia did not raise the clear statement rule, Justice Sotomayor countered that a substantive canon cannot be waived.
What If A Supreme Court Case Becomes Moot Before June?
Hecox will not graduate in May, but such mootness could have arisen in King v. Burwell.
Andrew Hale Leaves Heritage for Advancing American Freedom
"I can roll with policy changes, but what I can't roll with is a tolerance or an overlooking of antisemitism or any form of bigotry."
Justice Sotomayor Asks "Have You Studied The People" In SCOTUS Cases.
I have. Conservative litigants are vilified. Liberal litigants are celebrated.
The As-Applied/Facial Fad Comes for the Equal Protection Clause
Justice Kagan ponders at great length about whether there can be an as-applied challenge based on the Equal Protection Clause.
The Transgender Athletics Cases
They were not as combative as I would have expected, and maybe even not 6-3.
Federal Officer Removal in Plaquemines Parish
Justice Barrett is thinking about Chief Judge Pryor's holding that Mark Meadows could not remove the Georgia criminal prosecution to federal court.
Sign Up For Advancing American Freedom's Judicial Clerkship Training Academy
The deadline is January 30.
Are Historians Really Apolitical?
80% of members at the American Historical Association conference supported a resolution about "the U.S.-sponsored genocide perpetrated by Israel in Gaza."
Hans von Spakovsky, Formerly of the Heritage Foundation, Joins Advancing American Freedom
The exodus from Heritage continues.
The New York Times's Latest Analysis of Trump Judges
The truth may be that the judges actually believe what they are writing. For the left, that truth is too hard to process, so they rely on the "auditioning" charge.
New in Civitas Outlook: "Eliminating Liberal International Asymmetries"
"The effect, if not purpose, of modern international law is to obstruct American conservative foreign policy."
New in WSJ: "Ed Feulner, Ed Meese and the Heritage Foundation's Exodus"
"The leaders of the conservative think tank have abandoned its founding principles."
Does The Miscellaneous Receipts Act Apply To The President?
Under the clear statement rule, it likely will not.
Supreme Court of Texas Removes ABA as "Final Say" on Accreditation
Texas "may consider, in the future, returning to greater reliance on a multistate accrediting entity other than the ABA should a suitable entity become available."
Revisiting A.A.R.P. v. Trump In Light Of United States v. Maduro
The United States military is like a Denny's.
Is the President Subject to the Posse Comitatus Act?
An issue left unresolved in Trump v. Illinois.
