Josh Blackman is a constitutional law professor at the South Texas College of Law Houston, an adjunct scholar at the Cato Institute, and the President of the Harlan Institute. Follow him @JoshMBlackman.
Josh Blackman
Latest from Josh Blackman
Senator Schumer's Letter to Chief Judge Godbey (NDTX)
If you don't do what I want, "Congress will consider more prescriptive requirements."
Justice Alito Defends The Supreme Court In Ways Chief Justice Roberts Cannot
If Justice Thomas is the intellectual leader of the Supreme Court, Justice Alito is its heart.
ChatGPT Will Make Writers Lazy
Chatbots are a quantum leap from writing aids in the past, like a thesaurus, word processing, and spell check.
What Joan Biskupic "Learned" in Nine Black Robes?
The inside-information largely trickled to a halt after 2020.
Texas Will Test Whether Kennedy v. Bremerton Abrogated Engel v. Vitale, Stone v. Graham, and Wallace v. Jaffree
And good luck challenging the law. The Texas Senate passed an S.B. 8-like bulletproof bill for prayer in school.
The Stealth Impeachment of Judge Newman in the Federal Circuit
Chief Judge Kimberly Moore cannot be the judge, jury, and executioner of her colleague.
Chief Justice Roberts's Assignment Dilemma
If Justices Thomas and Alito are dissent, and Justices Kavanaugh and Barrett vote with the progressives, the Chief may join the majority to avoid having Justice Sotomayor make the assignment.
New Essay in the ABA Journal: The ABA needs ideological diversity to ensure its future
"If the ABA does not arrest its progressive lurch, the organization risks its own obsolescence."
Reed v. Goertz, California v. Texas, and WWH v. Jackson
Justice Kavanaugh's six-page majority opinion does not withstand scrutiny against Justice Thomas's 20-page dissent.
Can the Supreme Court "Develop and Apply Customary International Law"?
Justice Gorsuch raises the question that the majority elides.
Judge James C. Ho's Remarks on Justice Thomas and Judge Kacsmaryk
"We should apply the highest ethical standards, not hypocritical double standards."
Amateur Hour: A Little Bit of Python Can Let ChatGPT Discuss Your Documents
Guest Post on Chat GPT by Professor Seth Chandler (UH)
Apply for the 10th Annual James Wilson Fellowship
"The Institute will make a place for up to 15 Fellows who are law students, clerks, or lawyers and legal academics only a few years out of law school."
"Viability" in Lucas v. South Carolina Coastal Council and Planned Parenthood v. Casey
Justice Blackmun: "Viable is a good medical term, it isn't a legal term, but the lawyers have taken it over and the judges too."
The "Denominator" Problem At Stanford Law School
At what point does a permissible protest turn into unlawful heckling?
SG Flips Position on Whether Removed Climate Change Cases Are "Inherently Federal In Nature"
"After the change in Administration and in light of those intervening developments, the United States has reexamined its position and has concluded that state-law claims like those pleaded here should not be recharacterized as claims arising under federal common law."
Justice Janet Protasiewicz, Say Hello To Caperton v. Massey
The candidate, who spoke about her "values" on abortion and gerrymandering, received substantial financial support from donors who lobby for those two key issues.