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
A Window Into Chief Justice Roberts's Mind
The 2024 year-end report tells us what keeps the Chief awake at night.
CJ Roberts Starts Off The New Year With An Old Error
Yes, the Articles of Confederation provided for judges and courts.
Can SCOTUS Issue An Administrative Injunction In the TikTok Case To Preserve The Status Quo?
It is common enough for the Court to issue administrative stays on the emergency docket to afford itself more time, and maintain the status quo. What about an administrative injunction that would maintain the status quo?
The Unprecedented Dynamics of Trump's TikTok Brief
Trump wants to make a deal so SCOTUS doesn't have to.
Here We Go Again: Federal Judges Should Review Prosecutions From The Trump DOJ "Through a Different Lens"
No "Presumption of Regularity" for Trump 2.0
Constitutional Questions in South Korea (Updated)
The opposition is trying to impeach the Acting President for insurrection, who claims he lacks the power to make appointment to constitutional court, which may not have enough members to remove the impeached President.
Tick, Tock Goes the SCOTUS Clock
The timing of TikTok v. Garland.
What Is The Remedy For Judge Wynn's "Brazenly Partisan" Withdrawal of Senior Status?
Should he be forced to recuse from any case involving the Trump Administration?
How To Think About Justice Jackson "& Juliet"
The role that was created for her, and for no one else, has a value that cannot be stated on a disclosure form.
Judicial Misconduct Complaint Against Judge Vaden For Columbia Boycott Referred to Seventh Circuit's Judicial Council
The Fifth and Eleventh Circuits already dismissed similar complaints, but the Chief Judge of the Court of International Trade asked the Chief Justice to refer it to another circuit, and Roberts did so.
"Brazenly Partisan" Judge Wynn Withdraws Senior Status Because Trump
Will Judge Stranch be the next "Obama Judge" to show her true blue colors?
New Essay: "What is the Future of the Federalist Society?"
The launch of the Civitas Institute's new online journal.
DEI Still Has An Anti-Semitism Problem
University of Michigan DEI Official alleged to have said "wealthy and privileged” Jewish students do not need DEI services.
In 2019, I Proposed that SCOTUS Should Use a Lottery To Distribute Tickets. In 2024, SCOTUS Proposes Pilot Lottery Program.
The court moves deliberately, but in the right direction.
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.
