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
CJ Roberts Agrees with AT&T and Verizon, But Rules For FCC
The SG flipped positions on appeal, and the Chief Justice whips up a blue plate special to deny the carriers a refund.
If Judge Ross's "Improper Sexual Activity" "Greatly Damage[s] [Her] Credibility as a Judge," Does That Satisfy the Standard for Impeachment?
Another guest post from Professor Arthur Hellman.
The Supreme Court For The First Time Refers To Our "Colorblind Constitution"
130 years later, Justice Harlan's Plessy dissent is now the "supreme law of the land."
The Supreme Court Reverses Inferior Court Supremacy In Alabama
Alabama has no obligation to follow a vacated order, and had every right to challenge a district court's order until it is settled by the Supreme Court.
New in Civitas: "The Roberts Court Needs To Reboot The Machinery Of Death"
"The way for judges to stop tinkering with the machinery of death is to stop tinkering with the machinery of death."
Judge Ross Should Have Been Punished For Abdicating Her Judicial Power To Her Law Clerks
Perhaps it is common enough for Presidents to sign executive orders he does not read, or for members of Congress to vote on bills they do not read, but federal judges should aspire to a higher standard.
Justice Thomas Faults The Court's Inconsistent Approach to Summary Reversals
This aspect of the "shadow" docket is largely ignored.
A Private Ethics Order From The Fifth Circuit With Dissents To Make It Public (Updated)
How could it be that not a single member of the 11th Circuit Judicial Council thought to make Judge Betsy's reprimand public?
DOJ Moves To Disqualify Judge Ross In Election Interference Case
The Eleventh Circuit's decision to identify a conflict of interest, but not identify the conflicted judge, leaves litigants guessing.
What's Next for Judge Eleanor Ross? A 2009 Impeachment May Provide Some Clues
A guest post from Professor Arthur Hellman
Bloomberg Law Confirms That Judge Betsy is Judge Ross
Now that her identity is known, the consequences should begin.
SCOTUS Summarily Reverses The "Inquisitorial" Fourth Circuit Twice In One Term
The judges of the Fourth Circuit continue to act as advocates.
The Stains On The Federal Judiciary
Compare what Bill Clinton did with Monica Lewinsky to what "Subject Judge" did with her paramour.
Who Is The District Court Judge Who Was Privately Reprimanded For Having Loud Sex In Her Chambers With A Law Enforcement Officer From Her District?
The clues in the memorandum point to a specific judge.
The Unusual Denial in Reinink v. Hart
After 8 relists, the petition is denied, but Justices Thomas and Alito would have SumRev'd "for essentially the reasons given in Judge Larsen’s separate opinion"
Did Justice Alito Lose The Majority Opinion In Hamm v. Smith?
It seems possible that the Chief Justice assigned the majority to Justice Alito, but something happened along the way, and Justices Kavanaugh and Barrett decided to DIG.
There Is No Equitable Constitutional Cause Of Action To Challenge The Presidential Record Act Policy
The Supreme Court needs to bring clarity to this issue.
Imposing Imposter Syndrome
DEI creates, and exacerbates, the very problem DEI is designed to eradicate.
The Dangerous Allure When Untalented People Use AI
Patent nerds should not pretend to be talented enough to boast about making a Schoolhouse Rock video.
Bill Maher On The Blatant Double Standard For Antisemitism
"But China, Russia, Sudan, Iran, Myanmar, Haiti, the Congo, North Korea, all way worse. And that's how you know it's anti-Semitism. It's the inconsistency."
Chief Judge Moore Commissions Bizarre AI Cartoon About The Federal Circuit Without Judge Newman
Kimberly Moore may rival Neal Katyal for the most cringey YouTube video in recent memory.
Why is the Court GVRing Cases In Light Of Callais That Did Not Turn On The Issues In Callais?
I think the Court is hoping these cases go away on the merits and they won't have to deal with them.
