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
Oh Hale Yes!
Justices Sotomayor and Kagan cite Sir Matthew Hale.
Making Sense of Arizona v. Navajo Nation
Justice Gorsuch's conservative colleagues now ignore him in Indian cases.
Justice Stevens's Papers Reveal How The Fortune Cookies Were Baked In Lawrence v. Texas
Believe it or not, Justice Kennedy's final opinion toned down some of the "awkward language."
Justice Alito Preempts ProPublica "Investigative Journalism"
"ProPublica has leveled two charges against me. . . . Neither charge is valid."
Roaming Polansky and the Constitutionality of Qui Tam
Three decades later, the George H.W. Bush SCOTUS strategy finally has three votes.
How would Justice Barrett have voted in United States v. Lopez?
The limiting principle presented in Lopez would likely not meet her threshold.
The Kavanaugh Concurrence When He Swings Left
I'm holding my breath on his predictions in Allen and Brackeen.
A Tale of Two Originalists
Justice Gorsuch v. Justice Thomas in Brackeen.
From Windsor to Brackeen
Scalia was right: "The only thing that will 'confine' the Court's holding is its sense of what it can get away with."
Reservations For Two
Justices Gorsuch and Alito have diametrically opposite perspectives on Indian Tribes
Professor Barrett Flunks Brackeen's Lawyers
Justice Thomas would place the burden on the government, and follow a presumption of liberty.
Download Edited Version Of Haaland v. Brackeen From Barnett/Blackman Supplement
133 pages down to 30 pages.
Smith's Indictment of Trump In Florida Suggest He Won't Bring An Insurrection Charge in D.C.
Does the special counsel "seek to avoid distracting fights"?
Trump's Lawyers Cite, And Disagree with Blackman & Tillman On Whether The President Is Or Is Not An "Officer of the United States"
"To be clear, we mean no disrespect to either of these fine academics but their views on this matter are idiosyncratic."
SCOTUS Covers The Waterfront On The Lake Of Torches
He coulda been a contender.
Originalism in the Lower Courts: Fifth Circuit Panel Invites Amicus Briefs on Second Amendment
"Of particular interest are historical gun regulations applicable to intoxicated or impaired individuals."
Chief Justice Roberts Is Not A "Weather Vain." He's Just So Vain.
He probably thinks the Court is about him.
Roberts Waves the White Flag of Textualism in Allen v. Milligan
Justice Scalia would be rolling over in his grave.
Gingles All The Way
Or, Sweet Home Alabama.
The Anti-Textualist Decision Finding VP Covered by Speech or Debate Clause
"The Court declines to be the first in generations to force a literal reading of the Clause's text."
Justice Thomas's Dissent in Health and Hospital Corp. of Marion County v. Talevski
A thorough originalist analysis of the "so-called Spending Clause" that casts Thiboutout in doubt.
Merck Sues HHS, Claims Drug Price Negotiation Program Violates First and Fifth Amendment
Pharma has a "choice": Negotiate with HHS or pay $10 million "tax" per day.
New York District Attorney Bragg Argues That President Trump Was Not An "Officer Of The United States"
Bragg’s argument may harm Trump in the removal case, but in the long run, this argument could help Trump in future political disqualification-related litigation under Section 3 of the Fourteenth Amendment.
