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
Part XVI: The Rights of the Accused
An Introduction To Constitutional Law Video Library: Gideon v. Wainwright (1963), Miranda v. Arizona (1966)
Part XV: Taking Private Property for Public Use
An Introduction To Constitutional Law Video Library: Pennsylvania Coal Co. v. Mahon (1922), Penn Central Transportation Company v. New York (1978), Kelo v. City of New London (2005)
Keep Calm About The Adjournment Clause and Read Tillman
Always proceed with caution when interpreting untested provisions of the Constitution in times of controversy.
Florida Attorney General Pam Bondi's Role in NFIB v. Sebelius
An excerpt from Unprecedented: The Constitutional Challenge to Obamacare (2013)
Part XIV: The Right To Keep And Bear Arms
An Introduction To Constitutional Law Video Library: District of Columbia v. Heller (2008), McDonald v. City of Chicago (2010), New York State Rifle & Pistol Association, Inc. v. Bruen (2022)
That Time Solicitor General Fried Redacted The Word "Plenary" From a Printed SCOTUS Reply Brief With A Marker
A fascinating tidbit from the excellent new book, "The Meese Revolution"
Part XIII: No Law Respecting An Establishment Of Religion
An Introduction To Constitutional Law Video Library: Engel v. Vitale (1962), McCreary County, Kentucky v. ACLU of Kentucky (2005), Van Orden v. Perry (2005), Town of Greece v. Galloway (2014)
Part XII: The Free Exercise of Religion
An Introduction To Constitutional Law Video Library: Sherbert v. Verner (1963), Wisconsin v. Yoder (1972), Employment Division v. Smith (1990), Church of the Lukumi Babalu Aye v. City of Hialeah (1993), Burwell v. Hobby Lobby Stores (2014)
Part XI: Freedom of Speech
An Introduction To Constitutional Law Video Library: Schenck v. United States (1919), Debs v. United States (1919), Gitlow v. People of the State of New York (1925), Abrams v. United States (1919), Stromberg v. California (1931), United States v. O’Brien (1968), Texas v. Johnson (1989), R.A.V. v. City of St. Paul (1992), Buckley v. Valeo (1976), McConnell v. Federal Election Commission (2003), Citizens United v. Federal Election Commission (2010), New York Times Co. v. Sullivan (1964), Snyder v. Phelps (2011), U.S. v. Stevens (2010), Brown v. Entertainment Merchants Association (2011), Tinker v. Des Moines Independent Community School District (1969), New York Times Co. v. United States (1971)
Day One Of #FedSoc2024
Farewell to the Mayflower, hello to the Hilton.
Part X: Modern Substantive Due Process
An Introduction To Constitutional Law Video Library: Griswold v. Connecticut (1965), Roe v. Wade (1973), Planned Parenthood v. Casey (1992), Whole Woman's Health v. Hellerstedt (2016), Lawrence v. Texas (2003), U.S. v. Windsor (2013), Obergefell v. Hodges (2015), Dobbs v. Jackson Women’s Health Organization (2022)
Theodore Olson (1940-2024)
A fond memory of the student leadership reception at Ted's palatial estate.
Could President Trump Recess Appoint His Entire Cabinet Under Justice Scalia's Noel Canning Concurrence?
Would a person serving under the Vacancies Reform Act, who resigns, create a vacancy for purposes of the Recess Appointments Clause? Would a presidential adjournment of Congress be an inter-session or an intra-session recess?
Part IX: Equal Protection of the Law - Sex Discrimination and Other Types
An Introduction To Constitutional Law Video Library: Frontiero v. Richardson (1973), Craig v. Boren (1976), U.S. v. Virginia (1996), Cleburne v. Cleburne Living Center, Inc. (1985), Romer v. Evans (1996)
District Court Issues Universal Injunction In Louisiana Ten Commandments Case
The court rules that "the Act cannot be enforced throughout the state."
Part VIII: Equal Protection of the Law - Discrimination on the Basis of Race
An Introduction To Constitutional Law Video Library: Brown v. Board of Education (1954), Bolling v. Sharpe (1954), Grutter v. Bollinger (2003) v. Bollinger (2003) v. Aaron (1958), Loving v. Virginia (1967), Regents of the University of California v. Bakke (1978), Gratz v. Bollinger (2003), Fisher v. University of Texas at Austin I (2013), Fisher v. University of Texas at Austin II (2016)
Part VII: Expanding the Scope of the Due Process Clause
An Introduction To Constitutional Law Video Library: Lochner v. New York (1905), Muller v. Oregon (1908), Buchanan v. Warley (1917), Adkins v. Children’s Hospital (1923), Meyer v. Nebraska (1923), Pierce v. Society of Sisters (1925), O’Gorman & Young, Inc. v. Hartford Fire Insurance Co. (1931), Nebbia v. New York (1933), West Coast Hotel v. Parrish (1937), United States v. Carolene Products (1938), Williamson v. Lee Optical (1955)
President Elect Trump's Tweet About Recess Appointments (Updated)
I look forward to four more years of outrage based on misunderstandings of the Constitution.
Can The Federal Courts Still Tar Trump With The Brush of Bigotry Against Muslims and Hispanics?
The 2024 election results suggest just the opposite.
Part VI: Slavery and the Reconstruction Amendments
An Introduction To Constitutional Law Video Library: Dred Scott v. Sandford (1857), The Slaughter-House Cases (1873), Bradwell v. Illinois (1873), U.S. v. Cruikshank (1876), Strauder v. West Virginia (1880), The Civil Rights Case (1883), Yick Wo v. Hopkins (1886), Plessy v. Ferguson (1896)
The Supreme Court After The 2024 Election
The more things change, the more things stay the same.
Part V: The Separation of Powers
An Introduction To Constitutional Law Video Library: Morrison v. Olson (1988), NLRB v. Noel Canning (2014)
Part IV: The Executive Power
An Introduction To Constitutional Law Video Library: Ex Parte Merryman (1861), Youngstown Sheet & Tube Co. v. Sawyer (1952), Korematsu v. U.S. (1944)
