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.
John Roberts and the Professoriate (Updated)
He really doesn't care what we think.
Josh Blackman
Latest from Josh Blackman
John Roberts: Federalist Revisionist and Judicial Supremacist
The Chief Justice retconned Federalist Nos. 37 and 78.
What Does "Corruptly" Mean? The Justices Really Do Not Want To Tell Us
Fischer and Snyder both ducked this issue.
Bankruptcy on the Sunrise Side of the Mountain
Justice Kavanaugh is very, very upset about the Sackler bankruptcy case.
What Is The Standard For A Stay? Moyle v. U.S. or Ohio v. EPA?
Like a good neighbor, State Farm is there.
Final Predictions For the Final 3 Cases
Monday, Monday, Monday! Trump, NetChoice, Corner Post!
Why Does (It At Least Appear That) Justice Barrett Applies "New," "Heightened," and "Elevated" Standing Rules?
Justice Barrett adamantly resists the suggestion that she keeps leveling up the burden on plaintiffs, but it is becoming more difficult to deny.
The Facial Challenge Analysis In Rahimi Seems Inconsistent with Lopez
Why did Lopez, who was paid $40 to bring a gun to a school, succeed on a facial challenge, but the Court wouldn't even consider Rahimi's circumstances?
Predictions For The Final 6 Cases
Chevron, Netchoice, Trump, Grant's Pass, Fischer, and Corner Post.
KBJ DGAF
Unlike Justices Sotomayor and Kagan, Justice Jackson has no problems criticizing Justice Barrett.
Justices Alito, Thomas, and Gorsuch Dissent On An "Emotional and Highly Politicized" Case
And they charge that Justices Barrett and Kavanaugh "lost the will" to decide the case.
The Keys to Moyle: PPROM and Fertility
Justice Kagan and Sotomayor set the stage for Justice Barrett's vote.
Justice Barrett Evolves Again On The Emergency Docket In Moyle
Cert before judgment will no longer be granted unless the applicants prove they will suffer enough irreparable harm.
A Blue June?
June 2022 was one victory after another for conservatives. June 2024 seems just the opposite.
The Flipped Dynamics on Federal Criminal Law
A generation ago, the liberals would have written the majority in Snyder and the conservatives would have dissented.
Supreme Court Prematurely Releases DIG in Moyle
Bloomberg downloaded the file before it was removed.
The Two Edges of Tradition: "Adverse Possession" and "Use It Or Lose It"
If the government exercises a power it lacks for a long time, it can keep exercising that power. But if a government does not exercise a power it has, it loses that power.
Some Commentary From The Left On Rahimi
I find myself in agreement with Mike Dorf and Linda Greenhouse.
Two Braidswood Cases From The Fifth Circuit Are Bound For SCOTUS (Updated)
A RFRA defense to Title VII and a new Appointments Clause challenge.
The Three Trump Appointees In Rahimi
Justices Gorsuch, Kavanaugh, and Barrett are fracturing over originalism.
Is "Law Trapped In Amber"?
Lesson for Chief Justice Roberts from Jurassic Park.
NFIB and Rahimi: Is a surety a mandate to prevent dangerous people from possessing a gun or a tax on dangerous gun owners?
Trying to reconcile Chief Justice Roberts on the ACA and 922(g)(8).
Edited Version of Rahimi for the Barnett/Blackman Supplement
Read each of the opinions in only 33 pages.
There Have Been Three Justice Jacksons
Howell, Robert, and Ketanji.
SCOTUS Grants SG's Petition in Transgender-Minor Case
The Court did not grant petitions from the ACLU and Jenner Block. Will the Trump DOJ switch positions in January 2025?
Does The Principal Author Of A Per Curiam Opinion Announce It?
Chief Justice Roberts announced the Court's per curiam opinion in Gonzales v. Trevino.
Department of State v. Munoz: The Sleeper ConLaw Case of the Term
Justice Barrett's majority clarifies Glucksberg, Mandel, Din, and Knauff, but Justice Sotomayor's dissent really wants to talk about Loving, Obergefell, and Dobbs.
Tradition In Erlinger
Justice Jackson thinks Apprendi was wrongly decided, Justice Gorsuch chides Justice Kavanaugh's fixation on tradition.
With the Constitution, Deciding Less Is Moore
Justice Kavanaugh reaches out to resolve that a wealth tax is probably not constitutional.
Can an Amicus Ask the Supreme Court to Overrule a Case Where the Parties Don't?
The ACLU successfully asked the Court to reverse Wolf v. Colorado in Mapp v. Ohio.
Moore Money, More Problems
Justice Barrett once again places the burden on lawyers to make their case.
NFIB PTSD
I'm still not over Chief Justice Roberts's discussion of direct taxes.
