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
Chief Justice Roberts Goes Postal on Trump's USPS Rule
Neither Snow Nor Rain Nor Heat Nor Gloom Of Night Will Stop The Shadow Docket.
New in Civitas Outlook: The Supreme Law: A Quarter Century after 9/11
"But for September 11, 2001, and the events that followed, constitutional law likely would be unrecognizable today."
The Contempt Judgment From Missouri
The Secretary of State was subject to dueling injunctions from state and federal court. It was a lose-lose.
A Remarkable 48 Hours In Missouri
Justice Kavanaugh rules against Missouri twice, likely without even reading all the papers.
A Strange Sorting Feature On The Supreme Court's Docket
The order from the Justice is listed before the reply briefs.
Will It Matter That ABA Council Repealed The DEI Standard?
Law schools will still voluntarily follow the standard, and the Department of Education will still remove the ABA's accrediting authority
New in SCOTUSBlog: Empower the Supreme Court's supermajority on substantive matters
Five votes can do anything; six votes should do everything.
CJ Roberts and the Smithsonian Bypass Congress To Build New Latino Museum
On the same day that he accuses President Trump of bypassing Congress to build a new structure, his own entity bypasses Congress to build a new structure.
Advocate John Roberts v. Chief Justice John Roberts
How do you know what a lawyer really believes when he is always representing a client?
The Biggest Revelation In Recent NYT Expose Is Justice Scalia Wasn't Planning on Dying
Scalia made no plans for his papers.
New in Civitas Outlook: "The End Is Near for the American Bar Association"
"I played a small role in trying to stop the ABA’s collapse, which I have not previously discussed, but now wish to share."
Making Sense Of The Chief Justice's Tango In The Ballroom Case
It was the Chief, and not KBJ, who was holding up the case. Was he trying to flip ACB's vote?
Strictly Ballroom: Justice Kavanaugh Defeats Chief Justice Roberts
The Court rejects the D.C. Circuit's erroneous "aesthetic injury" standing precedents and the Chief can only wax about Churchill.
New York Times Recycles Same Old Story About Northern District of Texas
Yet the article inexplicably makes no mention of judge shopping in Massachusetts and New Hampshire.
An Actual SCOTUS Nightmare
Recently, Justice Jackson warned about a "Kafkaesque nightmare" at the Supreme Court. Well, I had my own.
A Wall Of Separation Between LGB and T
The Log Cabin Republicans will no longer advocate for transgender issues.
Oklahoma Attorney General Responsible For Two Terrible Supreme Court Decisions Loses Gubernatorial Primary
I'd like to think Drummond lost because of St. Isidore's and Glossip.
New in SCOTUSBlog: The justices should regularly sit on the lower courts
The chief justice should ask each circuit justice to preside over one en banc oral argument of his or her circuit.
New in Civitas Outlook: "SCOTUS's Immigration Rulings Chastise Trump on Morality"
"Mullin v. Doe should have been resolved on legal grounds without the need to virtue signal about immigration."
How Long Did Justice Jackson's "Kafkaesque Nightmare" Dissent Hold Up Trump v. California?
In a future writing, I propose a mechanism whereby six Justices can force the release of any pending case.
AI Freezes The Scholarly Voice
AI trains on your voice at a particular point of time, and stunts future development.
