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
Making Sense of the Moody Opinions In NetChoice
I think it is clear that Justice Alito lost the majority, but the resulting schizophrenic opinions still do not cohere.
Mission to Israel Part II: What I Learned About International Law From Israeli Lawyers
The primary effect, if not purpose, of international law, is to use lawfare to punish Israel, and by extension, the United States.
Mission to Israel Part I: Should I Stay Or Should I Go?
The first in a multi-part series about my recent mission to Israel.
Bauer: "[T]here's little point left to [the Special Counsel] regulations, at least insofar as they purport to authorize investigations of presidents."
Good riddance to special counsel investigations of the President.
Clarifying the Uncertainty over Direct and Indirect Taxes in Moore v. United States
A guest post from Professor Rob Natelson
Everyone Needs To Take A Deep Breath About Trump v. United States
No one asked the Court to reverse Nixon v. Fitzgerald. And the Court found that the civil and criminal contexts cannot be distinguished. The decision should not have been a surprise.
I Get By With A Little Help From My Friends
Justice Gorsuch's majority opinion in Grants Pass leaned heavily on cert-stage and merit-stage amicus briefs from progressive jurisdictions.
Trump v. United States Opines On Whether The Vice President Is a Legislative Officer
This issue arose when VP Pence asserted immunity under the Speech or Debate Clause.
The Supreme Court Refuses To Extend Robinson v. California, A Non-Originalist Decision
Even if an erroneous precedent cannot be overruled, isolate the damage, and decline to extend it to new circumstances.
No Homeless In The Park
Are camping laws regulation of "conduct" by homeless people or the "status" of being homeless?
Revisiting the Mueller Report in Light of Trump v. United States
Chief Justice Roberts's majority decision in Trump v. United States undermines key aspects of Mueller's framework.
Justice Sotomayor Would Deny Immunity For Abuses of Power, Corrupt Purposes, and Personal Gain
Justice Sotomayor's rhetoric in Trump v. United States mirrors the claims from Trump impeachment 1.0
What Exactly Did Justice Barrett Agree With Chief Justice Roberts On About Presidential Immunity?
We know that she didn't agree on the evidentiary issue. Beyond that, the disjunction is unclear.
Justice Thomas Explains Why The President, Vice President, Speaker and Senate President Pro Tempore Cannot Be "Officers of the United States"
Justice Thomas demonstrates why Justice Scalia erred in his letter to Tillman.
Chief Justice Roberts, A Friend of the Constitution
Trump v. United States favorably cited Chief Justice Marshall's pseudonymic essay defending McCulloch v. Maryland.
Trump v. United States Recognizes That Prosecuting The President Poses More Risks Than Suing The President
Defenders of the Mueller investigation routinely argued that the threat of civil enforcement was worse than a federal prosecution.
The President's Three Bodies After Trump v. United States
Official, Individual, and Personal.
The Presidential Immunity Trichotomy
Chief Justice Roberts sought to put an end to Lawfare against the presidency.
The Way To A Circuit Court Nomination Is To Lose A Landmark Supreme Court Case
President Biden nominated the non-prevailing attorneys in Dobbs and SFFA to the First and Fourth Circuits, respectively.
The Goal Of The "Architects of the Supreme Court" Was Always Overruling Chevron, and not Overruling Roe
McConnell: "Dismantling the administrative state and empowering people who are actually elected to make decisions has been the motivating force" for nearly every "Federalist Society-type lawyer."
About Justice Jackson's "Recusal" From Loper Bright
Justice Jackson's "participation" in Relentless and SFFA further demonstrates why the usual recusal rules will not work for the Supreme Court.
On The Loper Bright Side For Immigration Lawyers
How will the Board of Immigration Appeals operate in a world without Chevron?
What Exactly Do Justices Thomas and Gorsuch Disagree About In Loper Bright
Justice Thomas agrees with the "lion's share" of Justice Gorsuch's concurrence.
Attention SCOTUS Shoppers: Clean up on Article III and there is a Blue-Light Special on the Second Amendment.
SCOTUS GVR's Range, sends Second Amendment to inferior court purgatory.
Which Circuit Had The Highest Reversal Rate?
It was not the Fifth Circuit.
Did Justice Alito Lose The Majority Opinions In Trevino and NetChoice?
Alito had only four majority opinions this term, while Roberts, Thomas, Sotomayor, and Kagan all had seven.
Edited Version of Trump v. United States
Download the edited version from the 2024 Barnett/Blackman supplement.
And Don't Call It Loper
The name of the company is Loper Bright Enterprises.
Chief Justice Roberts's Opinions Are Best Read Once
But after a second, a third, and a fourth read, all of the fancy veneers and window dressing start to come off.
Much Ado About Chevron.
How much will actually change after Loper Bright?
The Stare Decisis Analyses in Dobbs and Loper Bright.
Ending the Epicycles of Chevron.
