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.
Roberts the Creditor, Roberts the Debtor
Kavanaugh the follower.
Josh Blackman
Latest from Josh Blackman
Does the Supreme Court Strategically Time The Handdown Of Decisions?
Are the biggest cases staggered in June to take advantage of newscycles?
Biden v. Nebraska and the DACA Litigation
Is the longstanding deferred action policy a major question?
Is the ADA Tainted By Unconstitutional Animus?
Is the exclusion of "gender identity disorders" from the ADA based on a "bare desire to harm"?
Professor Barrett Offers A "Theory For Rationalizing" The Major Questions Doctrine
Does she look before she leaps, or does she simply favor judicial restraint?
Mahalo MOHELA
My tentative thoughts on Nebraska v. Biden.
Say Farewell To The "Diversity Benefits" Rationale For Affirmative Action
The majority and dissent state the quiet part out loud: affirmative action was never about the educational benefits from diversity.
Five Decades From Hardison to Groff
How could all of those courts get Hardison so wrong?
Goldilocks and the Four Non-Originalists
Counterman v. Colorado was a throwback to a different era.
Land of the Free Because Of The Brave
"The brave Justices who once sat on this Court decisively rejected those claims."
Just The Facts, Ma'am
The importance of the trial records in Students for Fair Admissions and 303 Creative
In Defense of KBJ's Harvard "Recusal"
Justice Jackson demonstrates why the usual recusal rules will not work for the Supreme Court.
"What a Difference Five Years Makes"
What would Masterpiece have looked like with Justice Kennedy still on Court?
Making Sense Of The Votes In Mallory v. Norfolk Southern Railway Co.
The decision this term that has the largest potential for a legal "jolt" was Mallory.
After Rucho, Dobbs, and Moore, State Supreme Courts Take On Even More Significance
As the unelected judiciary becomes depoliticized, the elected judiciary becomes more politicized.
Purple June
With Justice Kavanaugh by his side, the Chief Justice is back in control.
Chief Justice Roberts Calls Out Counsel In Moore v. Harper
This opinion continues a trend where the Court faults lawyers for making certain arguments, not making other arguments.
What Is The Effect Of The "Judgment" From Harper I?
Chief Justice Roberts, and regrettably Justice Barrett, keep the case alive by succumbing to the writ of erasure fallacy.
Download Edited Version Of Moore v. Harper From Barnett/Blackman Supplement
About half the case is on jurisdiction/mootness, and the other half is on election law.
What Does U.S. v. Texas Tell Us About The DACA Litigation?
Is this a ticket good for one ride?
Will Massachusetts v. EPA get the Lemon v. Kurtzman quiet interment?
The landmark environmental decision may have already been abandoned.
Justice Kavanaugh's Arrested Development
U.S. v. Texas, Linda v. Richard, and Brett v. Amy.
Counting to Five in Texas v. United States
Justice Kavanaugh penned a narrow decision that cobbled together a majority.
Start the Death Watch for the Overbreadth Doctrine
United States v. Hansen signals the Court is not willing to "strike down" laws that may, hypothetically, burden someone else's speech rights.
Justice Thomas Declines To Extend Non-Originalist Confrontation Clause Precedent
Don't act surprised when Thomas narrowly reads made-up Brennan decision from 1968 that itself reversed precedent.
Oh Hale Yes!
Justices Sotomayor and Kagan cite Sir Matthew Hale.
Making Sense of Arizona v. Navajo Nation
Justice Gorsuch's conservative colleagues now ignore him in Indian cases.
Justice Stevens's Papers Reveal How The Fortune Cookies Were Baked In Lawrence v. Texas
Believe it or not, Justice Kennedy's final opinion toned down some of the "awkward language."
Justice Alito Preempts ProPublica "Investigative Journalism"
"ProPublica has leveled two charges against me. . . . Neither charge is valid."
