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
The Fair Labor Standards Act Imposed A Ban On Child Labor That Was "Identical" To the Child Labor Provision Declared Unconstitutional In Hammer v. Dagenhart
Congress enacted a facially unconstitutional provision, and the Solicitor General could only ask the Supreme Court to overrule Hammer.
The Hughes Court Repudiated FDR In Humphrey's Executor, and the Roberts Court Will Repudiate Trump by Maintaining Humphrey's Executor
The separation of politics, not the separation of powers, will decide Wilcox v. Trump.
If Biden Knocked Tiktok, Can Trump Deep-Six DeepSeek?
The government would have a much stronger interest to ban a Chinese AI app that collects proprietary information than to ban a social media app that displays dance videos.
AP Asked Justice Jackson About Her Inauguration Attire
There was not exactly a denial.
Will Trump Make An Article II Override Argument To Justify Firing IGs Without Providing 30 Days Notice?
Does Trump think the 30 day notice requirement infringes his Article II powers? Will he cite President Obama's refusal to provide notice of the Bowe Bergdahl transfers?
Members of the International Criminal Court Need To Relearn The Lesson of Marbury v. Madison
Jefferson likely would have ignored any command from Chief Justice Marshall, and Marbury did not issue such a command.
Has Any Reporter Asked Justice Jackson To Comment On Her Talisman Worn To The Inauguration?
How many reporters asked Martha Ann Alito about her flags?
Why United Does Not Allow You To Use In-Flight Screen As Extended Display
The limitation is not technology, but confidentiality.
New Essay at Civitas: "Trump Must Pick Judges Who Have Publicly Demonstrated Their Courage"
"The most important predictor of behavior on the bench is judicial courage."
Can The President Unilaterally Declare An Invasion?
Or can only Congress declare an invasion, like Congress has the sole power to declare war?
DHS Will Enforce Expedited Removal To "Full Scope Of Its Statutory Authority"
DHS will subject to expedited removal aliens "who are apprehended anywhere in the United States more than 100 air miles from a U.S. international land border, and who have been continuously present in the United States for less than two years"
SCOTUS GVRs Capital Case After 13 Reschedules And 10 Relists
It seems to have taken some time to corral Justice Barrett's vote in a case involving evidence and sex-based slurs.
President Trump's Executive Order on the U.S. Refugee Admissions Program
The timing of this order seems structured to moot a Supreme Court appeal in 90 days.
When The Resistance Tail Catches The DOGE
The Resistance sues a non-existent entity based on an irrelevant statute.
President Trump's Executive Order About Exclusion and Removal of Aliens
The order would exclude and remove aliens who "bear hostile attitudes" to our "founding principles."
Justice Jackson Did Not Wear A Dissent Collar To The Inauguration. She Apparently Wore A Talisman To Ward Off Evil.
Does anyone still want to talk about Martha Ann Alito's flags?
Offices and Officers of the Constitution, Part V: The Elector Incompatibility, Impeachment Disqualification, Foreign Emoluments, and Incompatibility Clauses
Everything you ever wanted to know about the Foreign Emoluments Clause.
President Trump Comments on President Biden's Pardons: "An Unbelievable Precedent"
"Well I guess now I have precedent to do it, but I don't want to do it..."
