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
What Do We Make Of The Boston Federal Judge Who Apologized For Not Knowing Emergency Docket Orders Are Precedential?
Judges who are unfamiliar with the workings of the emergency docket should be more cautious in granting emergency relief against the federal government.
What are the Precedential Values of Wilcox and Boyle?
Judge Rao explains how to read emergency docket orders on stay applications.
Grand Jury Nullification in the District of Columbia?
Grand jurors in the District of Columbia thrice refuse to indict a defendant for felony assault of a federal officer. And it happened again and again.
Did Collins v. Yellen Lead Trump To Fire Lisa Cook?
Bill Pulte, the director of the FHFA, could investigate the Federal Reserve because Trump could fire the holdover Biden appointee.
ABA Releases "Core Principles and Values of Law School Accreditation"
Does this standard create room for ideological diversity?
Who are the Republican Appointed Circuit Judges Who Are Not Taking Senior Status Because Of Emil Bove? (Updated)
Almost all of the judges eligible for senior status now were also eligible in 2020, long before Emil Bove.
Who Was The Fourth Vote For Cert In Chiles v. Salazar?
In December 2023, only three Justices would have granted in Tingley v. Ferguson, which presented the same issue.
Did the Texas Tribune Hallucinate About Judge Ho's Dissent?
The article misattributed two quotations to Judge Ho. And variants of those quotes appeared in the majority, but there were inexplicable alterations.
The ABA Disregards Law School Objections, Mandates 12 Credits of Experiential Learning
There is absolutely no evidence showing that the ABA's dictates are effective.
WSJ Publishes Leak from the New York Supreme Court Appellate Division, First Department
WSJ got some inside information about the pending Trump civil-fraud case.
What Matters On The Shadow Docket? The Merits or the Equities?
Justice Kavanaugh thought NetChoice would win on the merits, but "the balance of harms and equities" did not favor allowing the injunction to go into effect.
Does Judge Boasberg Still Have Jurisdiction To Pursue Criminal Contempt Proceedings?
Judge Katsas says no, Judge Rao leaves open the possibility.
Where Are the October And November Sitting Calendars?
Last year, the calendars were posted by the end of July.
Justice Kavanaugh "Definitely Pay[s] Attention" To the Press
I am still incredulous that Justice Barrett does not read coverage about herself.
An Update On The Leak From The Judicial Conference
And DOJ files a misconduct complaint against Judge Boasberg.
Chief Justice Roberts as Chancellor of the Smithsonian Institute
The New York Times offers some insights into the Parliamentarian in Chief.
SG to SCOTUS: "District-Court Defiance of this Court's Decision in California has Grown to Epidemic Proportions"
"For good reason, the Constitution vests the 'judicial Power' in 'one supreme Court,' to which all others are 'inferior Courts.'"
Hallucinations in the District of New Jersey
Is it an abuse of judicial power for a judge to issue an opinion with AI hallucinations?
Justice Kagan Doth Protest Too Much About The Emergency Docket
Justices Kagan, Sotomayor, and Jackson could have joined Justice Kavanaugh to grant cert in the CPSC case, but they didn't.
The Three Real Questions That Come After Overruling Employment Division v. Smith
What is a "religion"? When is a religious belief "sincere"? When is a burden on religion "substantial"?
