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 Kavanaugh's Concurrence in Labrador v. Poe
Justice Kavanaugh laid out a unifying theory for the Shadow Docket.
Justice Gorsuch's Concurrence in Labrador v. Poe
The walls are closing on universal, non-party injunctions against state laws.
Unanimous Supreme Court Adopts the Sword-Shield Dichotomy To Explain How Constitutional Rights Can Be Litigated
Justice Thomas: “constitutional rights are generally invoked defensively in cases arising under other sources of law, or asserted offensively pursuant to an independent cause of action designed for that purpose”
Justice Kavanaugh Rejects The Substantive "Veterans Benefits" Canon
A careful textualist analysis that speaks more broadly to other substantive canons, including Chevron deference.
Special Counsel Jack Smith Responds to Blackman-Tillman
No matter how you slice it, Smith cannot exercise the powers he purports to exercise.
Judge James C. Ho's Remarks to the Midland County Bar Association
"This isn’t about forum shopping. It’s about forum shaming. It’s about shaming judges who won’t distort their rulings to do their bidding—while rewarding those judges who do."
Justice Barrett on the Takings Clause and the Police Power
"Though at times the two seem more like in-laws than soulmates."
Berkeley Students Post Anti-Semitic Cartoons, Disrupt Dinner at Dean Chemerinsky's Home
"I never thought I would see such blatant antisemitism."
Judge Gibbons's Replacement By Her Former Clerk Would "Flip" The Sixth Circuit
Gibbons declined to take senior status during the Trump years, but will now be replaced by her former law clerk.
McConnell and Schumer Offer Dueling Approaches To Judicial Reform
McConnell's bill would ensure that no one can benefit from nationwide injunctions. Schumer's bill would ensure that liberal litigants still benefit from nationwide injunctions.
Fifth Circuit Judges Clash Over Venue and Judge Shopping
Judges Oldham and Higginson disagree about where a case belongs: NDTX or DDC.
With the Lemon Test Dead, Can The Establishment Clause Be Unincorporated?
The establishment principles grounded in original meaning can be shifted to the Free Exercise Clause.
Progressive Groups to Senator Durbin: Judicial Conference "Watered Down" and "Bow[ed] Down" To Opposition
Now, for better or worse, the Judicial Conference has shown itself to be pliable by the political currents.
Breaking: Northern District of Texas Issues Nationwide Injunction Against Judicial Conference "Guidance" Document.
This court will not "make any change to our case assignment process at this time."
Video: ABA Midyear Meeting Panel on Viewpoint Diversity
Are the ABA and the legal profession doing enough to promote viewpoint diversity?
The Court Should Cast Doubt On Havens Realty "Diversion" Standing and Establishment Clause "Offended Observer" Standing
If Alliance for Hippocratic Medicine lacks standing, so should progressive groups.
SCOTUS: Unexplained Stays For Me, But Not For Thee
In the Trump immunity case, SCOTUS effectively granted a stay without considering the likelihood of success on the merits.
