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
Should A Federal District Court Hold Contempt Proceedings While An Emergency Appeal Is Ongoing?
Maybe judges should hold off on ordering the executive branch to show cause until the Supreme Court finishes its review.
Offices and Officers of the Constitution Part VI: The Ineligibility Clause
The latest in the ten-part Tillman-Blackman series on Offices and Officers of the Constitution
The Chief Justice "Facilitates" Another Shadow Docket Compromise In Noem v. Garcia
The Trump Administration didn't lose but it didn't quite win either.
Seventh Circuit Judicial Council Dismisses Misconduct Complaint Against Judge Vaden
Oh, and by the way, the complainant is a prisoner who had a "role in firebombing and vandalizing Jewish houses of worship."
Standing in the Shadow Docket
Should the Court not consider jurisdiction unless there is irreparable harm?
What Exactly Did Justice Barrett Disagree With The Majority About In Trump v. JGG?
Justice Barrett tells us to read the opinion, but there is nothing to read.
Twice, SCOTUS Finds Coastal Courts Improperly Exercised Venue
In two consecutive orders, the Court signals that progressive litigants forum shopped to the wrong courts.
Can A Federal Court Issue Mandamus Against The President?
Judge Rao: "It is extremely doubtful that mandamus could issue against the President."
Can A Federal Court Force The President To Negotiate With A Foreign Leader To Obtain Return of Alien?
Noem v. Garcia comes to the Supreme Court.
Justice Jackson's Dissent in Department of Education v. California Treats The Federal Government Like Just Another "Party"
The dissenters no longer treat the federal government with solicitude as a coordinate branch of government.
SCOTUS to Inferior Courts: Review TROs That Function As Preliminary Injunctions
Moreover, challenges to spending belong in the Court of Federal Claims, not in Federal District Court.
The Shadow Docket on Coney Island
What will Justice Barrett do next?
Will Salerno Replace Chevron?
Salerno is "unique among these Chevron substitutes, in that the 'no set of circumstances' framework is far more favorable to the government than even Chevron ever was."
White Lion Reverses Fifth Circuit Again By Narrowly Reading Record And Question Presented
It is very easy to reverse a court when you exclude virtually every argument from consideration.
Harlan Virtual Supreme Court Round of Four
Ten teams of high school students presented oral arguments on Free Speech Coalition v. Paxton.
VanDerStock is NetChoice Redux: A Sharply-Divided Court Threads The Needle With A "Facial Challenge" Analysis
The Court may have overruled Chevron, but it has just inadvertently created a far more powerful deference doctrine with Salerno, all in service of narrowly reversing the Fifth Circuit.
Judge James C. Ho: "Fighters, Climbers, and the War for the Judiciary"
Remarks delivered at the Texas A&M Journal of Law & Civil Governance Banquet
Harvard Law School v. Vermeule
Dueling letters from 90+ members of the HLS faculty and Adrian Vermeule
A Rendezvous With Humphrey
The Justices have had plenty of time to think about how to resolve Humphrey's Executor and should not punt.
Coastal Judges Play Keep-Away From The Fifth Circuit
The Trump administration detains individuals in Texas and Louisiana, yet federal courts on the Amtrak Corridor continue to exercise jurisdiction.
Updated Authorship Predictions for the October Sitting
Justice Barrett (almost certainly) has Medical Marijuana v. Horn.
Apply for the 14th Annual James Wilson Fellowship
Young Lawyers, Law Clerks, and Law Students are welcome to apply for our Summer 2025 Fellowship on August 3-8, 2025.
