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
Arkes: Is Skrmetti "The Best That Conservative Jurisprudence Can Really Serve Up Now, A Concurring Opinion in Buck v Bell?"
The conservatives "thought they were constrained from speaking by a jurisprudence that bars them from invoking truths beyond the text of the Constitution."
"What Skrmetti Should Have Said"
"Yet, Dobbs did not repudiate the basis of Roe and Casey, the notion that legislatures are not empowered to enact laws based on public notions of morality. And Skrmetti refused to acknowledge that foundational basis of our republic."
The New York Times Launches An Unfair Attack On Judge Badalamenti
The paper of record tars the reputation a former federal defender as part of a broader attack on originalism.
The Court Might Favor Standing For Business Interests, But Blue States Beat Red States
Justices Jackson and Kavanaugh both miss the obvious distinction.
Will The Court GVR The Skrmetti Parental Rights Petition In Light Of Mahmoud?
The substantive due process question remains.
Chief Justice Roberts and Justice Gorsuch Walk Back Bostock
Justice Sotomayor is right. The majority cannot just wish away Bostock.
The Promise and Pitfalls of Justice Barrett's Skrmetti Concurrence
Justice Barrett rehabilitates Footnote 4, gives credence to Justice Kennedy's animus jurisprudence, and all but says that gays who were affected by a "legacy of de jure discrimination" are a suspect class.
N.Y. Times Magazine Reveals Internal Conflicts On The Left With Skrmetti
The groups presented a unified front, but with a 6-3 loss, recriminations are flying.
Predictions For The Remaining 15 Cases
Barring any surprises, I do not expect any surprises.
A Flashback to Justice Barrett's Confirmation Hearing
As I noted at the time, I was surprised how well she did. I wish we could see more of nominee Barrett.
See, I Told You So About Justice Barrett
Justice Barrett compares the Constitution to Odysseus. But I feel like Cassandra.
SCOTUS GVRs Roman Catholic Diocese of Albany Back to New York Purgatory
This case has been pending for nearly a decade, and has been remanded after both Fulton and Catholic Charities Bureau.
Civitas Institute Symposium: Texas and the Future of Legal Education
Five scholars discuss what role, if any, the ABA should play in the regulation of legal education.
Interview with Senator Eric Schmitt of Missouri About Judicial Selections in Trump 2.0
Will EDMO become the new NDTX?
Justice Kavanaugh to Second Amendment: We're Really Busy Now, Come Back In A Year Or Two
"Additional petitions for certiorari will likely be before this Court shortly and, in my view, this Court should and presumably will address the AR–15 issue soon, in the next Term or two."
New Deal Justices and MAGA Justices
FDR appointed Hugo Black because he was a "thumping, evangelical New Dealer." Why can't Trump want a "thumping, evangelical MAGA warrior"?
David French Is Right: Judges Do Seek The "Respect" Of Their Peers
And that is the problem.
What Message Does Emil Bove's Nomination Send To Justices Thomas and Alito?
Do you really think Justices Thomas and Alito would prefer another Justice Barrett?
