Josh Blackman is a constitutional law professor at the South Texas College of Law Houston, an adjunct scholar at the Cato Institute, and the President of the Harlan Institute. Follow him @JoshMBlackman.
Josh Blackman
Latest from Josh Blackman
"The Unresolved Threshold Issues in the Emoluments Clauses Litigation"—Now Published in the Georgetown JLPP
"The President Has Three Bodies and There Is No Cause of Action for Ultra Vires Conduct"
Justice Breyer Cites His Boss's Concurrence in Heart of Atlanta Motel
Six decades ago, a young Stephen Breyer clerked for Justice Goldberg on a very, very different Supreme Court.
Mask-Wearing in Airports Post-Vacatur
In Houston, about 5% of passengers wore masks. In DCA, about 20% are wearing masks.
The "Essential" Second Amendment—Now Published in Texas Review of Law & Politics
A study of the Second Amendment during the pandemic cases.
The WSJ Is Worried About The Chief Justice "Turn[ing]" Votes In Dobbs
I'm having flashbacks to NFIB and Bostock. Has there been a leak?
Don't Push A Pencil Through Lemon, Slice It In Half!
Will the Supreme Court finally overrule the Lemon test?
Explaining Vacatur Of The Mask Mandate On The Tarmac
The flight attendant said, "No more masks!"
Vacating The Mask Mandate at 30,000 Feet
The CDC mask mandate was vacated without a stay. Can flight attendants still threaten people with enforcement of civil fines?
I Can No Longer Rely On Uber
Uber is no longer a viable product for me.
Erwin Griswold On The Importance Of Time Limits For Law School Exam
In the New York Times v. U.S., the parties filed briefs under severe constraints.
Justice Black's Dissent in Tinker v. Des Moines Independent Community School District
"Turned loose with lawsuits for damages and injunctions against their teachers as they are here, it is nothing but wishful thinking to imagine that young, immature students will not soon believe it is their right to control the schools."
President Obama on the Twelfth Anniversary of the ACA
The namesake of Obamacare took a victory lap at the White House.
KBJ: "I would note that I am pleased to be the sixth woman nominated to serve on the Supreme Court."
How quickly we forget about Harriet Miers.
The Inaugural Edwin Meese III Originalism Lecture
"Originalism and Stare Decisis in the Lower Courts"