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
Mission to Israel Part VIII: The Nir Oz Kibbutz
Hostages from this kibbutz were held only a few kilometers away.
Mission to Israel Part VII: The Surveillance Video
Fifty minutes of pure, uncensored barbarism that will haunt me for the rest of my life.
Is Mike Luttig A "Prominent Conservative"?
That may have been true about two decades ago, but conservative is as conservative does.
How John Eastman helped AG Harris Get Elected, and why VP Harris Thought Leondra Kruger was too "Cautious" for SCOTUS, While KBJ Would Be "Bold"
Two tidbits from the New York Times that I did not know.
Severability on the Shadow Docket: SCOTUS Splits 5-4 On Whether Entirety of Title IX Regulations Must Be Enjoined
Justice Gorsuch joins the three dissenters on severability. What about Justices Thomas and Barrett?
Turning The Corner Post On Vacatur
Also, Judges Kacsmaryk and Ho seem vindicated on the statute of limitations to challenge mifepristone.
Supreme Court Briefs Filed By Attorney General Kamala Harris
Knowing all that we know, I struggle to see how putting Harris in the White House would "save conservatism."
The Warren Court's "Accidental Ruling" In California v. Robinson That Should Have No Precedential Weight
Nat Lewin relays the story from his 1962 clerkship with Justice Harlan.
Reconsidering United States v. Nixon
Maybe the Roberts Court was right and the Burger Court was wrong.
Judge Ezra's Worrying Behavior in the Buoy Case
Judge Ezra boasted about knowing the judges on the Fifth Circuit, being sworn into the Texas Bar by the Chief Judge's husband, and threatened to have the Deputy Solicitor General's lawyer removed from the courtroom.
Justice Gorsuch Explains What Collegiality Means
Does it mean going to the opera together, or a willingness to be persuaded?
Some Highlights From Justice Gorsuch's WSJ Interview
Justice Gorsuch likes the new oral argument format and he writes his own opinions.
Senator Schumer Goes Nuclear With "No King Act"
The law would direct lower courts how to reject claims of presidential immunity, and strip SCOTUS of appellate review.
Biskupic Part III Confirms What We Already Knew: Justice Alito Lost Majority Opinions in NetChoice and Trevino.
There is little here that can't be gleaned from the docket and the split opinions.
Biskupic's Second Installment on Trump Immunity
We learn very little new: Roberts made no efforts to appeal to the left, as he sought to reclaim his Court.
Leaks From Moyle
My speculation was just the tip.
President Biden's Pointless SCOTUS Reform Plan
Three proposals, that lack any specificity, will go nowhere, fast.
"I could carve a judge with more backbone out of a banana"
What stuff are the Court's middle three Justices made of?
