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 Barrett's Shadow Docket Policy: Do The Opposite Of Whatever The Fifth Circuit Did (Updated)
Forget Doe v. Mills. Justice Barrett will grant relief on the shadow docket when the Fifth Circuit steps out of line.
Shadow Docket Delays
What does it mean when the Circuit Justice extends an administrative stay?
A Possible Seventeenth Amendment Conflict Is Looming In Kentucky
Can the Kentucky legislature constrain the Governor's authority to fill a Senate vacancy?
What The Trump Indictment Left Out
Special Counsel Smith avoided charges of insurrection, seditious conspiracy, and incitement.
The New SCOTUS Keep-Away Strategy: Post-Cert, Prevailing Party Dismisses Complaint With Prejudice
The Court should reject this gambit in Acheson Hotels, LLC v. Laufer
Major Questions Or Lax Parents?
Would you let a babysitter take your kids on a two-day road trip to an amusement park without express authorization?
Law Students Suffer From Lake Wobegon Effect
95% of incoming 1Ls believe they would be top 50% of class.
A Former Law Examiner Comments On the NextGen Bar Exam
"The NextGen Bar Exam represents the complete abandonment of competence as a standard."
Conservatives Should Not Be Surprised By Justice Barrett's Cautious Approach
Barrett was added to the SCOTUS short-list only seventeen days after she was confirmed to the Seventh Circuit.
SDNY "Believe[s]" In Dictum That President An "Officer of the United States" for purposes of Federal Officer Removal Statute
"I believe that the President should qualify as a "federal officer" under the removal statute but, as is evident from the discussion below, the proposition is dictum, unnecessary for the decision that I reach."
Conservatives Should Not Be Surprised By Justice Kavanaugh's Voting Pattern With Chief Justice Roberts
Revisiting Seven-Sky v. Holder.
Conservatives Should Not Be Surprised By Justice Gorsuch's Opinion in Bostock
Revisting Kastl v. Maricopa County Community College District.
NextGen Bar Exam MC Questions Only Require Takers To Spot Issues, And Not Apply the Rules
Rather than IRAC, students will only need to focus on the issue.
New York Governor Submits Amicus Brief To Justice Kavanaugh In Rahimi
"Across America, survivors of domestic abuse will now wait in fear to see whether Justice Kavanaugh..."
