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
Trump v. United States Recognizes That Prosecuting The President Poses More Risks Than Suing The President
Defenders of the Mueller investigation routinely argued that the threat of civil enforcement was worse than a federal prosecution.
The President's Three Bodies After Trump v. United States
Official, Individual, and Personal.
The Presidential Immunity Trichotomy
Chief Justice Roberts sought to put an end to Lawfare against the presidency.
The Way To A Circuit Court Nomination Is To Lose A Landmark Supreme Court Case
President Biden nominated the non-prevailing attorneys in Dobbs and SFFA to the First and Fourth Circuits, respectively.
The Goal Of The "Architects of the Supreme Court" Was Always Overruling Chevron, and not Overruling Roe
McConnell: "Dismantling the administrative state and empowering people who are actually elected to make decisions has been the motivating force" for nearly every "Federalist Society-type lawyer."
About Justice Jackson's "Recusal" From Loper Bright
Justice Jackson's "participation" in Relentless and SFFA further demonstrates why the usual recusal rules will not work for the Supreme Court.
On The Loper Bright Side For Immigration Lawyers
How will the Board of Immigration Appeals operate in a world without Chevron?
What Exactly Do Justices Thomas and Gorsuch Disagree About In Loper Bright
Justice Thomas agrees with the "lion's share" of Justice Gorsuch's concurrence.
Attention SCOTUS Shoppers: Clean up on Article III and there is a Blue-Light Special on the Second Amendment.
SCOTUS GVR's Range, sends Second Amendment to inferior court purgatory.
Which Circuit Had The Highest Reversal Rate?
It was not the Fifth Circuit.
Did Justice Alito Lose The Majority Opinions In Trevino and NetChoice?
Alito had only four majority opinions this term, while Roberts, Thomas, Sotomayor, and Kagan all had seven.
Edited Version of Trump v. United States
Download the edited version from the 2024 Barnett/Blackman supplement.
And Don't Call It Loper
The name of the company is Loper Bright Enterprises.
Chief Justice Roberts's Opinions Are Best Read Once
But after a second, a third, and a fourth read, all of the fancy veneers and window dressing start to come off.
Much Ado About Chevron.
How much will actually change after Loper Bright?
The Stare Decisis Analyses in Dobbs and Loper Bright.
Ending the Epicycles of Chevron.
John Roberts and the Professoriate (Updated)
He really doesn't care what we think.
John Roberts: Federalist Revisionist and Judicial Supremacist
The Chief Justice retconned Federalist Nos. 37 and 78.
What Does "Corruptly" Mean? The Justices Really Do Not Want To Tell Us
Fischer and Snyder both ducked this issue.
Bankruptcy on the Sunrise Side of the Mountain
Justice Kavanaugh is very, very upset about the Sackler bankruptcy case.
What Is The Standard For A Stay? Moyle v. U.S. or Ohio v. EPA?
Like a good neighbor, State Farm is there.
Final Predictions For the Final 3 Cases
Monday, Monday, Monday! Trump, NetChoice, Corner Post!
Why Does (It At Least Appear That) Justice Barrett Applies "New," "Heightened," and "Elevated" Standing Rules?
Justice Barrett adamantly resists the suggestion that she keeps leveling up the burden on plaintiffs, but it is becoming more difficult to deny.
The Facial Challenge Analysis In Rahimi Seems Inconsistent with Lopez
Why did Lopez, who was paid $40 to bring a gun to a school, succeed on a facial challenge, but the Court wouldn't even consider Rahimi's circumstances?
Predictions For The Final 6 Cases
Chevron, Netchoice, Trump, Grant's Pass, Fischer, and Corner Post.
KBJ DGAF
Unlike Justices Sotomayor and Kagan, Justice Jackson has no problems criticizing Justice Barrett.
Justices Alito, Thomas, and Gorsuch Dissent On An "Emotional and Highly Politicized" Case
And they charge that Justices Barrett and Kavanaugh "lost the will" to decide the case.
The Keys to Moyle: PPROM and Fertility
Justice Kagan and Sotomayor set the stage for Justice Barrett's vote.
Justice Barrett Evolves Again On The Emergency Docket In Moyle
Cert before judgment will no longer be granted unless the applicants prove they will suffer enough irreparable harm.
A Blue June?
June 2022 was one victory after another for conservatives. June 2024 seems just the opposite.
The Flipped Dynamics on Federal Criminal Law
A generation ago, the liberals would have written the majority in Snyder and the conservatives would have dissented.
Supreme Court Prematurely Releases DIG in Moyle
Bloomberg downloaded the file before it was removed.
The Two Edges of Tradition: "Adverse Possession" and "Use It Or Lose It"
If the government exercises a power it lacks for a long time, it can keep exercising that power. But if a government does not exercise a power it has, it loses that power.
Some Commentary From The Left On Rahimi
I find myself in agreement with Mike Dorf and Linda Greenhouse.
