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
Biden Office of Legal Counsel Departs From Obama-Era opinions, and Reverts to Reagan-Era Opinions, on the Difference Between "Officer of the United States" and "Office under the United States."
We think OLC paid close attention to the Section 3 litigation, and did not want to be left defending a position that might be rejected by the Supreme Court
A 2017 Profile Of Tom Goldstein In The Carolina Alumni Review
Goldstein: "I think most people would find what I do boring."
All The Things TikTok v. Garland Did Not Decide
CTRL-F the decision for "need not" and "assume"
SCOTUS May Announce Opinions, But Will Not Take the Bench.
Will TikTok ruling come at 10 ET?
Comparing The Dates of Tom Goldstein's SCOTUS Oral Arguments And The Dates In His Indictment
According to the government, Goldstein was very busy before and after his arguments at the Court.
McGinnis and Rappaport on Gienapp: A "Frustrating Book" That "Fails to Take Seriously … The Constitution itself."
"Jonathan Gienapp seeks to use the historian’s tools to challenge originalism, but in the process he neglects the text of the Constitution itself."
Biden Will Not Enforce TikTok Ban For Final 36 Hours Of His Presidency
Anyone remember the Take Care Clause? And way to undermine your SG!
Tom Goldstein Was Indicted on Tax Evasion Charges
A Real Farewell to SCOTUSBlog?
USA Today: "Liberals owe Justice Barrett an apology"
What do conservatives owe Justice Barrett's supporters?
Was Justice Gorsuch thinking about Title IX in EMD Sales?
The FLSA case considers whether to apply the “preponderance of the evidence” standard or the “clear and convincing evidence” standard.
Professor Kagan Writes Perfect Synopsis of Arising Under Jurisdiction, Supplemental Jurisdiction, and Federal Removal
All CivPro students should read these pages.
Special Counsel David Weiss Responds To President Biden's Attacks on Hunter Biden Prosecution
"These baseless accusations have no merit and repeating them threatens the integrity of the justice system as a whole."
Jack Smith Explains Why He Did Not Charge Trump With Insurrection
And Smith demonstrates why the Colorado Supreme Court got it wrong.
Can New York Enter A Final Criminal Judgment Against Trump While The Federal Removal Action Is Still Pending?
28 U.S.C. § 1455: "judgment of conviction shall not be entered unless the prosecution is first remanded" to the federal court.
The Court Splits 5-4 on Docket Number 666
Chief Justice Roberts and Justice Barrett rule against Trump (again).
Trump Goes 0-2 In The Span of About 30 Minutes
Back-to-back losses at SCOTUS and the 11th Circuit.
Hail to the Chief!
Texas welcomes Chief Justice Jimmy Blacklock and Justice James P. Sullivan
Can The Judicial Conference Refer Supreme Court Justices To The Attorney General?
The Judicial Conference will study the issue, but hints the answer is probably no.
The Roberts Rorschach Test
Who is defying the Courts?
Or Maybe Chief Justice Roberts Was Talking About The Democratic Senators Backing The Equal Rights Amendment?
A federal court ruled that the ERA could not be adopted. Democrat members of Congress told President Biden to adopt it anyway.
Has J.D. Vance "Raised the Specter of Open Disregard for Federal Court Rulings"?
What Vance actually said: "I think the thing that you can do in the Senate is push the legal boundaries, as far as the Supreme Court will let you take it."
A Window Into Chief Justice Roberts's Mind
The 2024 year-end report tells us what keeps the Chief awake at night.
CJ Roberts Starts Off The New Year With An Old Error
Yes, the Articles of Confederation provided for judges and courts.
Can SCOTUS Issue An Administrative Injunction In the TikTok Case To Preserve The Status Quo?
It is common enough for the Court to issue administrative stays on the emergency docket to afford itself more time, and maintain the status quo. What about an administrative injunction that would maintain the status quo?
