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
Justice Alito: "Just out of curiosity, do you think we should ask Claude to decide this case?"
I suspect many lawyers use AI, but now they will be even more hesitant to admit it.
Judge Leon Blocked The East Wing Ballroom Based on Offended Observer Standing
After Alliance for Hippocratic Medicine, a claim for a purely "aesthetic injury" should fail.
Was CASA Really Worth It?
The executive branch sacrificed its power to the Supreme Court, yet gained virtually nothing.
What Took So Long In Chiles?
The 8-1 case was argued on October 7, and decided on March 31.
"What Does It Mean To Be A Christian On The Bench?"
"A Conversation with Matthew J. Kacsmaryk and James C. Ho"
What Would Have Been Justice Scalia's Legacy If He Survived Into The Trump Presidency?
Richard Re poses thought provoking questions about a Scalia counterfactual on Earth 2.0.
What Is The Original Meaning of "Sectarian"?
The Blaine Amendments purported to do exactly what Town of Greece rejected: permit "generic" expressions of religion but not expressions of specific religious beliefs.
The First Rule Of Traveling Is Never Stop Moving
Never wait until it is too late.
It's Elementary, My Dear Watson
The 2000 and 2020 elections are still on the Justices' minds.
For Staten Island, The Interim Docket Is The Final Docket
After the Supreme Court grants an emergency stay, the plaintiffs dismiss the case with prejudice.
Harlan Virtual Supreme Court Round of 8
The top four teams announce to the championship round at the National Archives.
Other Comments From Chief Justice Roberts
A wide-ranging interview between the Chief Justice and Judge Rosenthal at the Baker Institute.
Would John Roberts Have Become Chief Justice If He Was Confirmed To The D.C. Circuit in 1992?
Roberts suspects that if he was confirmed to the D.C. Circuit at the age of 37, he probably "wouldn't have ended up" as Chief Justice.
Paul Ehrlich Helped Create Roe v. Wade
Justice Blackmun echoed the Population Bomb's concerns about "population growth," and Ehrlich thought Roe supported "compulsory abortion."
New in Civitas Outlook: The Temptation of the Inferior "Imperial Judiciary"
"As Judge Kenneth K. Lee wisely warned, judges of the inferior courts should 'not be seduced by the temptation of judicial resistance,' lest they inch towards an inferior 'imperial judiciary.'"
The Penis Mightier
Why is it worse to use problematic language to describe something than to acknowledge that thing is actually problematic?
The First Opinion From Justice Hawkins on the Supreme Court of Texas
"Is a holiday-themed community footrace 'recreation'?"
Judge VanDyke: "This is a case about swinging dicks."
30 members of the Ninth Circuit write to disagree.
The Ninth Circuit's En Banc Shadow Docket
Why can lower courts issue unexplained rulings on the emergency docket, but not SCOTUS?
Justice Jackson Was Partly Mistaken About Mifepristone
The Biden Administration also announced a new COVID-era policy, halting the enforcement of the "initial in-person visit requirement."
