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
Remember When The Obama Administration Pressured Baker Hostetler To Drop Its Representation In House of Representatives v. Burwell?
I have a very hard time getting worked up over revoked security clearances.
"My Dearest, Angelica"
"Indeed my dear, Sir if my path was strewed with as many roses, as you have filled your letter with compliments, I should not now lament my absence from America."
Family Guy on SCOTUS
Justice Kavanaugh visits a brewery and then switches places with Peter Griffin.
Why the Supreme Court's "Order" In The USAID Case Was An Advisory Opinion (Updated)
If the Court denies the writ or application, the Court cannot instruct the lower court.
"You think it's time to take a seat on the bench? Lol"
"AUSA-1 hoped to convict Mayor Adams as the last notch in his belt before he took a 'seat on the bench.'"
Has There Never Been A Deferred Prosecution Agreement For A Public Official?
"That prospect explains the absence of deferred prosecution agreements involving public officials."
Twenty States Challenge Termination Of Probationary Federal Employees
The states claim that the terminations "impeded the ability of many Plaintiff states to support affected employees," thereby creating an Article III injury.
Article III Inverted: The Supreme Court Surrenders to Inferior Court Supremacy.
Chief Justice Roberts and Justice Barrett are engaging in alternative dispute resolution, rather than constitutional adjudication.
Neutral Principles for the Emergency Docket
The lower courts, which are issuing unappealing rulings, are inverting the Article III hierarchy. This Inferior Court Supremacy cannot stand.
Harlan Virtual Supreme Court Round of Ten
Ten teams of high school students presented oral arguments on Free Speech Coalition v. Paxton.
How Will Chief Justice Roberts Split The Baby In Dellinger?
Roberts will find that the removal was unlawful, but that the court lacks an equitable cause of action to reinstate it, leaving backpay as the only available judicial remedy.
Fifth Circuit Panel Issues 24-Page Unpublished Opinion In Favor Of Planned Parenthood and Reverses Judge Kacsmaryk
Is this opinion a "one and done" decision to evade en banc review?
If The Courts Want Their Orders To Be Followed, The Courts Must Issue Orders That Can Be Followed
Federal judges are walking on thin ice by issuing unappealable TROs and failing to stay their rulings.
Federal Judge Sanctions Attorneys For Judge-Shopping
No, this did not occur in Texas.
Has Hill v. Colorado Already Been "Abandoned" Like Lemon?
Did Kennedy v. Bremerton overrule the precedent on precedent from Rodriguez de Quijas?
Authorship Predictions for the October Sitting
It is never too early to make predictions!
Did Judge Reyes Impose An Unconstitutional Religious Test?
Can a federal judge ask a DOJ lawyer "What do you think Jesus would say"?
SCOTUS Takes A Holiday From The Separation of Powers On The Hampton Dellinger Jitney
Apart from the Appointments Clause, I think we are standing at the precipice of federal courts revolution.
The Federal Supremacists Write a Ticket Good for One Ride in Williams v. Reed
But Justice Thomas is still the only Justice who (correctly) concludes that Haywood v. Drown (2009) was incorrectly decided.
