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
Does Judge Boasberg Still Have Jurisdiction To Pursue Criminal Contempt Proceedings?
Judge Katsas says no, Judge Rao leaves open the possibility.
Where Are the October And November Sitting Calendars?
Last year, the calendars were posted by the end of July.
Justice Kavanaugh "Definitely Pay[s] Attention" To the Press
I am still incredulous that Justice Barrett does not read coverage about herself.
An Update On The Leak From The Judicial Conference
And DOJ files a misconduct complaint against Judge Boasberg.
Chief Justice Roberts as Chancellor of the Smithsonian Institute
The New York Times offers some insights into the Parliamentarian in Chief.
SG to SCOTUS: "District-Court Defiance of this Court's Decision in California has Grown to Epidemic Proportions"
"For good reason, the Constitution vests the 'judicial Power' in 'one supreme Court,' to which all others are 'inferior Courts.'"
Hallucinations in the District of New Jersey
Is it an abuse of judicial power for a judge to issue an opinion with AI hallucinations?
Justice Kagan Doth Protest Too Much About The Emergency Docket
Justices Kagan, Sotomayor, and Jackson could have joined Justice Kavanaugh to grant cert in the CPSC case, but they didn't.
The Three Real Questions That Come After Overruling Employment Division v. Smith
What is a "religion"? When is a religious belief "sincere"? When is a burden on religion "substantial"?
Justice Kavanaugh's CASA Concurrence Moves Away From Abstractions About The Shadow Docket To Focus On The "Interim Before The Interim"
The Supreme Court may not have to intervene for "run-of-the mill cases" but will intervene for "major new federal statutes or executive actions."
Federal Courts May Be Able To Receive Filings 24/7, But There Is No Expectation To Review Unanticipated Filings Overnight
If the Supreme Court wants to rebuke lower courts for not acting promptly enough, the Justices should police their own conduct.
The Supreme Court Is Supreme, And The Inferior Courts Are Inferior
Mi CASA no es su CASA
CASA, Grupo Mexicano, and Ex Parte Young
Does Ex Parte Young find an "Analogue in the Relief Exercised in the English Court of Chancery"?
Bruen and CASA: Analogical Originalism
Yet, neither the majority nor the dissent cited Bruen
Free Speech Coalition Brings Text, History, and Tradition to the Free Speech Clause
Justice Thomas tries to Bruenify free speech doctrine, but I'm not sure it will work.
Donald Trump, The Transformational President
The New York Times admits that Trump is going further than Buckley, Reagan, Goldwater, and Taft "might have imagined possible"
