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.
SCOTUS Covers The Waterfront On The Lake Of Torches
He coulda been a contender.
Josh Blackman
Latest from Josh Blackman
Originalism in the Lower Courts: Fifth Circuit Panel Invites Amicus Briefs on Second Amendment
"Of particular interest are historical gun regulations applicable to intoxicated or impaired individuals."
Chief Justice Roberts Is Not A "Weather Vain." He's Just So Vain.
He probably thinks the Court is about him.
Roberts Waves the White Flag of Textualism in Allen v. Milligan
Justice Scalia would be rolling over in his grave.
Gingles All The Way
Or, Sweet Home Alabama.
The Anti-Textualist Decision Finding VP Covered by Speech or Debate Clause
"The Court declines to be the first in generations to force a literal reading of the Clause's text."
Justice Thomas's Dissent in Health and Hospital Corp. of Marion County v. Talevski
A thorough originalist analysis of the "so-called Spending Clause" that casts Thiboutout in doubt.
Merck Sues HHS, Claims Drug Price Negotiation Program Violates First and Fifth Amendment
Pharma has a "choice": Negotiate with HHS or pay $10 million "tax" per day.
New York District Attorney Bragg Argues That President Trump Was Not An "Officer Of The United States"
Bragg’s argument may harm Trump in the removal case, but in the long run, this argument could help Trump in future political disqualification-related litigation under Section 3 of the Fourteenth Amendment.
Impeachment of the Attorney General Under The Texas Constitution
Attorney General Ken Paxton faces a likely impeachment.
Congratulations to the Finalists of the Harlan Institute-Ashbrook Virtual Supreme Court Competition
High School Students from Texas and Connecticut argued before a panel of three federal judges and visited the United States Supreme Court
SCOTUS Denies Leave To File Amicus Brief By Two Law Professors Who Failed To Provide 10 Days Of Notice
The Court is enforcing Rule 37.2 strictly.
Justice Mitchell (Alabama): "The New Bar Exam Puts DEI Over Competence."
Curricular changes are being made now to address the NextGen Bar in 2026.
Sotomayor and Kagan "Go Back To School" Each Other in Warhol v. Goldsmith
Does The Relationship Between Justices Sotomayor and Kagan "Have Much Of A Future"? Or was this just their "Fifteen Minutes" of Flame Wars?
Ukraine Chief Justice, Who Was A Guest at SCOTUS Last Month, Charged With Accepting $1.8 Million Bribe
I happened to be at the Court when Chief Justice Roberts extended a welcome.
