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
Chief Justice Roberts, The Judicial Supremacist in Jarkesy
The Chief Justice wavers on many issues, but never in returning power to the federal judiciary.
Atlas Roofing Shrugged
Another Burger Court precedent is about to be “abandoned” or “overruled” like Roe, Lemon, Chevron, Abood, and Bakke.
The International Court Of Justice's Decision Against Israel
"The only avenue for a permanent solution to the Israeli-Palestinian conflict remains the negotiation framework set out in the United Nations and bilateral agreements."
More Evidence That "Direct Taxes" Include Levies on Wealth and Income
Another guest post from Professor Rob Natelson
Rahimi and NetChoice: Why Is The Facial Challenge Bar Lowered For The First Amendment and Not The Second Amendment?
The right to keep and bear arms remains a second-class right.
Mission to Israel Part V: There Is No "Apartheid"
When I tell Israelis that American students think they are like South Africa, they are shocked.
Preserving the Issue of Whether Morrison v. Olson Should Be Overruled
The Special Counsel is squarely on notice that the question of whether Morrison’s holding should be preserved or overruled is at issue.
Mission to Israel Part IV: What I Learned About The Israeli Politics With Regard To The Hostages
If you think American politics are corrosive, hold my falafel.
Making Sense of Justice Barrett's NetChoice Concurrence
I don't get the random questions Justice Barrett raises, and I'm not sure why she didn't mention her reservations in Hansen..
New in Harvard JLPP Per Curiam: What We Did and Did Not Argue in United States v. Trump
Seth Barrett TIllman and I write about our experience in Judge Cannon's court, before the decision yesterday.
Dean Kagan Would Rather Forget About Rumsfeld v. FAIR
But she did smuggle in a dictum that echoes Harvard's 2005 amicus brief about expressive activity in the classroom.
Mission to Israel Part III: What I Learned About The Israeli Separation of Powers
Ambition does not check ambition. Erudition checks opposition.
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.
