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.
Authorship Predictions for the October Sitting
It is never too early to make predictions!
Josh Blackman
Latest from Josh Blackman
Did Judge Reyes Impose An Unconstitutional Religious Test?
Can a federal judge ask a DOJ lawyer "What do you think Jesus would say"?
SCOTUS Takes A Holiday From The Separation of Powers On The Hampton Dellinger Jitney
Apart from the Appointments Clause, I think we are standing at the precipice of federal courts revolution.
The Federal Supremacists Write a Ticket Good for One Ride in Williams v. Reed
But Justice Thomas is still the only Justice who (correctly) concludes that Haywood v. Drown (2009) was incorrectly decided.
Judge Ho's Decision To Appoint Paul Clement In United States v. Adams (Updated)
This decision may not pan out for the court.
Harlan Virtual Supreme Court Semifinalists
Twenty-two teams of high school students presented oral arguments on Free Speech Coalition v. Paxton.
Trump Administration Appeals Special Counsel Case to SCOTUS—No, Not The Jack Smith Case.
There are two sides to the constitutional crisis coin: if the president seeks a timely appeal, courts should consider those appeals in a timely fashion.
Federal Prosecutors Routinely Use Carrots and Sticks to "Induce" Defendants to "Support [DOJ] Policy Objectives"
Another problematic point raised in a resignation letter.
"Fools" Rush In the Department of Justice
Another day, another resignation letter.
FTC Bans Political Appointees From Being ABA Members
The ABA has been planting the seeds of its own demise for decades.
Did the Truman Administration Disobey A Federal District Court Injunction In Youngstown?
The District Court injunction did not stay its ruling, but the Court of appeals did shortly thereafter.
Judge Bibas: "Wisdom does not always find me, so I try to embrace it when it does—even if it comes late, as it did here"
Judge Bibas, sitting by designation in the District of Delaware, revises his prior summary judgment opinion.
DACA, ACA, FCPA
Prosecutorial discretion comes full circle.
Trump: "I always abide by the courts, but then I'll have to appeal it."
Everyone take a deep breath.
President Trump's Removal Letter of NLRB Member Gwynne Wilcox
The President did offer some potential causes for removal.
A Very Different Constitutional Immunity Amendment
The "forgiveness doctrine" should be the basis for continued immunity while in office.
The Flip-Side to CFPB v. CFSAA: What if the Director Requests $0 in appropriations?
Congress has no role in funding the CFPB. The Director can request as much as is "reasonably necessary." What if he decides that amount is $0?
Can President Trump Appoint Himself Chairman of the Kennedy Center Board of Trustees?
There is no Incompatibility Clause problem. And so long as the position is uncompensated, there would be no problem with the Domestic Emoluments Clause.
The Fair Labor Standards Act Imposed A Ban On Child Labor That Was "Identical" To the Child Labor Provision Declared Unconstitutional In Hammer v. Dagenhart
Congress enacted a facially unconstitutional provision, and the Solicitor General could only ask the Supreme Court to overrule Hammer.
The Hughes Court Repudiated FDR In Humphrey's Executor, and the Roberts Court Will Repudiate Trump by Maintaining Humphrey's Executor
The separation of politics, not the separation of powers, will decide Wilcox v. Trump.
