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
Leondra Kruger to the D.C. Circuit?
A consolation prize for the short-list-runner-up?
Will Justice Ketanji Brown Jackson Push The Supreme Court To The Right?
Justice Breyer was adept at getting the Chief Justice to moderate. What about Justice Jackson?
A Third Justice Jackson?
Justice Howell Edmunds Jackson, Justice Robert Houghwout Jackson, and Justice Ketanji Brown Jackson?
Art Lien Is Retiring
The veteran Supreme Court artist will hang up his sketch pad.
Justice Sotomayor's Statement in Oritz v. Breslin
Sotomayor's solo not-quite-dissental, with a shout-out to her former law clerks, is a throwback to a bygone era of substantive due process.
SCOTUS Grants Cert in 303 Creative On Free Speech Question
The Court did not accept the question presented on the Free Exercise Clause.
Final Version of The Irrepressible Myth of Jacobson v. Massachusetts Published
As the pandemic (hopefully) draws to a close, the validity of vaccine mandates and other public health measures remain.
WaPo Removes Claim That Justice Thomas's "Rulings Often Resemble the Thinking of White Conservatives."
"A previous version of this story imprecisely referred to Justice Clarence Thomas’s opinions as often reflecting the thinking of White conservatives, rather than conservatives broadly. That reference has been removed."
Knives Out For Judge Childs From #TeamKruger
I, for one, am enjoying this circular stabbing squad.
WaPo Describes Justice Thomas: "the Black justice whose rulings often resemble the thinking of White conservatives."
Discourse about race is upside down and backwards.
Judge James Ho Defends Ilya Shapiro and Color Blindness at GULC
"And so, if Ilya Shapiro is deserving of cancellation, then you should go ahead and cancel me too."
Justice Barrett's Keynote Address at Notre Dame
The Justice spoke about the federal equity power, and her transition to the Supreme Court.
Harlan Institute-Ashbrook Virtual Supreme Court Semifinalists
25 Teams of HS Students presented oral argument in NYS Rifle & Pistol Association v. Bruen
Guest Post by Adam Schulman on KBJ's Opinion in Ross v. Lockheed Martin
"Ketanji Brown Jackson — protecting the rights of class members; U.W. Clemon — protecting the pocketbook of his plaintiffs’-side law firm"
What Kind of Justice Should President Biden Pick? A Breyer? A Sotomayor? A Kagan? Or A Scalia?
It isn't obvious which way the President should go here.
Throwing Shade At The Shadow Docket In The Alabama Redistricting Cases
Merrill v. Milligan is the most important shadow docket entry since John Does 1-3 v. Mills
Senators Should Give Their "Advice" Before Their "Consent"
My Op-Ed in Newsweek: "If the senators advise before they consent, Biden can still select one of his preferred nominees and, in the process, reverse the tide of the decades-long confirmation wars."
In Memoriam: Lino Graglia (1930-2022)
Graglia taught at the University of Texas for five decades.
Don't Be So Certain About Trump And Section 3
The jurisdiction element of Section 3 does not "definitely" or "plainly" apply to Trump.
Offices and Officers of the Constitution, Parts I and II
The first two installments of a planned ten-part series that provides the first comprehensive examination of the offices and officers of the Constitution.