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
New Essay: Obergefell's Second Decade
Progressives continue to bemoan the Roberts Court's supposed "illegitimacy." But a case they venerate remains the measuring stick for judicial hubris.
Something Feels Off About Hemani and Wolford (Updated)
The Court decides two major Second Amendment cases, but the latter does not even mention the former.
Did Justice Jackson Lose The Majority In Landor To Justice Gorsuch? (Updated)
I think Gorsuch was able to flip the majority and place the Court back on the path to policing the scope of the spending power and the Necessary and Proper Clause.
Cisco Slams The Door on ATS, and Perhaps All Other, Implied Causes of Action
A scholarly opinion from Justice Barrett with some punchy lines.
How To Assess AI-Aided Students?
We need to reconsider oral evaluations.
What Did Professor Barrett Think About Smith?
Justice Barrett's views on the Supreme Court's supervisory power were set two decades ago; what about her views on the Free Exercise Clause?
Justice Scalia's Message To Law School Faculty
I heard Justice Scalia bestow this wisdom in 2013, and never forgot it.
The Supervisory Power Of The Supreme Court As A Form Of Virtue Signaling
Only Justice Thomas was willing to look past the difficult consequences of an appellate waiver.
When Justice Professor Merged With Justice Barrett
Hunter presented a weird syncretism between Amy Coney Barrett's scholarship and her jurisprudence.
The law that Citizenship Clause litigation forgot: the 1872 Oregon Territory citizenship statute
A guest post from Elliott Wainwright.
Who Speaks For The Majority In Hunter v. United States?
The 8-member majority split 2-3-3.
Chief Judge Pryor's Non-Order in the Eleanor Ross Judicial Misconduct Proceedings: Why It Is So Problematic and What Might Be Done About It
A guest post from Professor Arthur Hellman.
A Slow Thursday At The Court
And a tour around town.
FedSoc Forum: "No Enemies to the Right? Antisemitism and the Big Tent"
Jesse Merriam and I discuss the conservative tent and antisemitism.
Judge Ross Recuses From Election Interference Case
"[P]erceived support of Willis's position on election integrity could cause an objective observer to significantly doubt the undersigned's impartiality in this case"
SCOTUS To Newman: Drop Dead
The 98-year old life-tenured judge loses her final appeal.
New in Civitas: "Our American Legal Tradition Is Not the Warren Court's Tradition"
"Which tradition prevails: the first 175 years when the people were allowed to govern themselves, or the last 75 years when we lived under judicial rule?"
Justice Barrett v. Justice Jackson On Textualism
Textualists cannot rest on Justice Scalia’s laurels. They need to address modern criticisms.
Judge Ross Did Not Even Sign Her First Apology Letter
She materially breached the terms of her private reprimand many times over. Impeach her.
The Latest Chicanery in Judge Ross's Case
Congress needs to revisit this entire regime.
Judge Ross Lacked Any Remorse, and The Chief Judge of the Eleventh Circuit Gave Her One Too Many Chances To Correct The Record
The latest developments make Judge Ross's situation, and the Eleventh Circuit's response, even worse.
The Judicial Misconduct Complaint Against Judge Ryan Nelson: What Happens Next?
Another guest post from Professor Arthur Hellman.
Blockbuster NYT Reveal About Judge Ross Scandal
The Times spoke to three of Judge Ross's clerks and obtained the "offensively vague" apology letter.
Office of Legal Counsel Concludes That Disparate Impact Liability Under Title VII Is Unconstitutional
Two decades after Justice Scalia's Ricci concurrence, the "war between disparate impact and equal protection will be waged" very soon.
What Judge Wood Did Not Say About Judge Ross's Misconduct (Updated)
She says nothing about Judge Ross's dishonesty, nothing about the private reprimand, and nothing about Pauline Newman.
The Criminal Charges Against Judge Ryan Nelson: How Should the Judiciary Respond?
A guest post from Professor Arthur Hellman.
