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
A Tale Of Two Shadow Dockets
The Supreme Court moves heaven and earth to block removal of alleged gang members who are almost certainly removable, but says nothing about Ohio initiative process being declared unconstitutional.
"Personal" Liberty Due Process Cases at the Supreme Court Between Carolene Products and Griswold
It is clear the Court decided "economic" liberty cases in this period, but what about "personal" liberty due process cases, apart from the First Amendment?
The ACLU's Ex Parte Voicemail To Seek An Ex Parte Injunction
Judge Hendrix took no action, but notified the government about the ACLU's action.
The Timing of the 5th Circuit's Ruling in A.A.R.P. v. Trump
The 5th Circuit and Supreme Court decided the case at *exactly* the same time.
Justice Alito Dissents: "Both the Executive and the Judiciary have an obligation to follow the law."
Justice Alito also questions whether the Court even had jurisdiction to act.
Process Formalism In Texas But Not At SCOTUS
Kudos to Judge Ramirez who understands how the rules of civil and appellate procedure operate.
The Procedural Posture of A.A.R.P. v. Trump
The Fifth Circuit and SCOTUS ruled at approximately the same time.
SCOTUS Violates Marbury v. Madison By Granting Ex Parte Injunction Against Executive Branch In Its Original Jurisdiction
When the Justices voted, there was no actual lower court decision to review.
The Major Separation of Powers Problems with J.E.B. v. Trump
Judge Boasberg is about to unleash a truly independent counsel on the Trump Administration, and the President himself, subject to none of the strictures that Alexia Morrison faced.
"A Recipe for District Judge Supremacy"
Judge Ho addresses Trump v. J.G.G.
About The "Incipient Crisis" In Little Rock
The aftermath of President Eisenhower sending in federal troops is not a model of success.
SCOTUS Sets Special May Sitting In Birthright Citizenship Case
The last May case was argued by Brett Kavanaugh.
The Special Counsel Is Dead. Long Live The Special Counsel.
Judge Boasberg will likely anoint a special prosecutor to investigate the Trump Administration, bring us back to Muellergate.
Should A Federal District Court Hold Contempt Proceedings While An Emergency Appeal Is Ongoing?
Maybe judges should hold off on ordering the executive branch to show cause until the Supreme Court finishes its review.
Offices and Officers of the Constitution Part VI: The Ineligibility Clause
The latest in the ten-part Tillman-Blackman series on Offices and Officers of the Constitution
The Chief Justice "Facilitates" Another Shadow Docket Compromise In Noem v. Garcia
The Trump Administration didn't lose but it didn't quite win either.
Seventh Circuit Judicial Council Dismisses Misconduct Complaint Against Judge Vaden
Oh, and by the way, the complainant is a prisoner who had a "role in firebombing and vandalizing Jewish houses of worship."
Standing in the Shadow Docket
Should the Court not consider jurisdiction unless there is irreparable harm?
What Exactly Did Justice Barrett Disagree With The Majority About In Trump v. JGG?
Justice Barrett tells us to read the opinion, but there is nothing to read.
Twice, SCOTUS Finds Coastal Courts Improperly Exercised Venue
In two consecutive orders, the Court signals that progressive litigants forum shopped to the wrong courts.
Can A Federal Court Issue Mandamus Against The President?
Judge Rao: "It is extremely doubtful that mandamus could issue against the President."
Can A Federal Court Force The President To Negotiate With A Foreign Leader To Obtain Return of Alien?
Noem v. Garcia comes to the Supreme Court.
Justice Jackson's Dissent in Department of Education v. California Treats The Federal Government Like Just Another "Party"
The dissenters no longer treat the federal government with solicitude as a coordinate branch of government.
SCOTUS to Inferior Courts: Review TROs That Function As Preliminary Injunctions
Moreover, challenges to spending belong in the Court of Federal Claims, not in Federal District Court.
The Shadow Docket on Coney Island
What will Justice Barrett do next?
Will Salerno Replace Chevron?
Salerno is "unique among these Chevron substitutes, in that the 'no set of circumstances' framework is far more favorable to the government than even Chevron ever was."
