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
Is The Threat of Termination For Failure To Get Vaccinated Irreparable Harm?
Justice Gorsuch said yes. Justice Barrett may have thought no.
#FedSoc2021 and Dobbs
Synthesizing three days of debate and discussion.
Fifth Circuit Grants Stay Pending Review in OSHA Vaccine Mandate Case
The Circuit Court lottery will be held on Tuesday.
"Who Decides" by Jeffrey S. Sutton
A must-read book from the Chief Judge of the Sixth Circuit.
The Justices Struggle To Remember Luther v. Borden
A surreal colloquy from U.S. v. Vaello-Madero.
The Effect Of A Permanent Injunction in the Fifth Circuit OSHA Case
Would a permanent injunction bypass the Circuit Court lottery?
Linda Greenhouse Asks If Amy Coney Barrett is "Living Phyllis Schlafly's Unrealized Dream"
An excerpt from Greenhouse's new book, Justice on the Brink
The Goldwater Institute Is Hiring
The public interest law firm in Phoenix is looking for a Senior Attorney, a Staff Attorney, and and Legal Programs Manager
Sean Wilentz Reviews Noah Feldman's New Lincoln Book, "The Broken Constitution"
"Feldman contends that [Jefferson] Davis was right and Lincoln was wrong."
State Attorneys General File Suit Against OSHA Vaccine Mandate
Red states in blue circuits look elsewhere.
The OSHA Mandate, the Congressional Review Act, and the Major Question Doctrine
A majority disapproval vote in both Houses supports the position that the rule is beyond the scope of delegated authority.
Does The Second Amendment Have A Geography Clause?
Justices Thomas, Sotomayor, and Kagan recognize that a constitutional right should not mean different things in different places.
A Ministerial Exemption for the OSHA Mandate?
The 490-page rule says surprisingly little about religious liberty.
61 Days Later, Biden Administration Releases 490-Page OSHA Mandate
I suspect complaints will be filed soon across the country.
The First Roberts Page?
In NYS Rifle & Pistol Chief Justice Roberts asked a 32-line question.
Guns, Terms, and Deals
Deciding NYS Rifle & Pistol and Dobbs in the same term.
End the Epicycles of Roe
The only way to shut down the "ad hoc nullification" machine is to overrule Roe
The Genius v. SCOTUS
We are living in Jonathan Mitchell's world. And the judicial supremacists can't stand it.
The Due Process Problems With Enjoining Texas Clerks (Updated)
There are potential constitutional applications of S.B. 8. And an injunction against the clerks deprives citizens of the due process right to test those issues in court.
No, Noah Feldman, Lincoln Did Not "Ignore" Taney
At this point, failing to engage Seth Barrett Tillman on Merryman is academic malpractice.
New Essay in Newsweek: "In Texas Abortion Case, Kavanaugh and Barrett Caved to Judicial Supremacy."
"In short order, the two newest members of the Court have sipped from the trough of judicial supremacy."
SCOTUS GVRs Roman Catholic Diocese of Albany v. Lacewell and Denies Cert in Dignity Health; Justices Thomas, Alito, and Gorsuch Would Have Granted Cert
Justices Kavanaugh and Barrett have no interest in deciding another Free Exercise Clause case now.
Debs in the Heart of Texas
In 1912, Eugene Debs received nearly 25,000 presidential votes in Texas. Can Debs get 5 votes in U.S. v. Texas?
A Deeper Dive On Justice Barrett's Concurrence in Does v. Mills
I think ACB is laying down a flag to instruction litigants how to obtain an emergency stay.
Justice Gorsuch Illustrates How Smith-post-Fulton Should Be Applied
The state cannot grant medical exemptions without also granting religious exemptions.
Justices Barrett and Kavanaugh Cut The Fuse On The Shadow Docket (Updated)
Justice Barrett rewrites the standard for granting emergency relief.
The Court Punts By Granting Cert on QP 1 in Arizona v. San Francisco
The Court will only decide if the states can intervene, but not decide if the public charge rule should be reimposed.