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.
Josh Blackman
Latest from Josh Blackman
Justice Kavanaugh to Second Amendment: We're Really Busy Now, Come Back In A Year Or Two
"Additional petitions for certiorari will likely be before this Court shortly and, in my view, this Court should and presumably will address the AR–15 issue soon, in the next Term or two."
New Deal Justices and MAGA Justices
FDR appointed Hugo Black because he was a "thumping, evangelical New Dealer." Why can't Trump want a "thumping, evangelical MAGA warrior"?
David French Is Right: Judges Do Seek The "Respect" Of Their Peers
And that is the problem.
What Message Does Emil Bove's Nomination Send To Justices Thomas and Alito?
Do you really think Justices Thomas and Alito would prefer another Justice Barrett?
Will Trump Ignore Geographic Connections When Making Circuit Nominations?
With the death of the blue slip, can the President just fill vacancies with the best available candidate?
Circuit Justice Kagan Never Bothered Calling For A Reply In Trump v. AFGE
The District Court succeeded its TRO with a PI, rendering the government's application moot.
Judge Burroughs Grants TRO In Favor Of Harvard Within Hours Of Filing
Did she even read the 72-page complaint, 59-page motion for a TRO, and two-dozen exhibits?
What Does AI Think Will Happen In The Birthright Citizenship Cases?
A guest post from Professor Seth Chandler.
Justice Kagan Tells Us What She Really Thinks About President Trump
The Court "hand[s] the President the most unitary, meaning also the most subservient, administration since Herbert Hoover (and maybe ever)."
Roberts Swings To The Left In St. Isidore, To The Right In Wilcox
In the span of a single day, Chief Justice Roberts continues his attempts at moderation for the sake of moderation without any actual reasoning.
As I Expected, SCOTUS 4-4's St. Isidore's Case With Barrett Recused (Updated)
And we still do not know exactly why ACB recused.
District of Maryland Standing Order: Any Filed Habeas Petition Will Automatically Block Removal Of Alien
"[U]pon the filing of a Petition for Writ of Habeas Corpus . . . the Government/Respondents, including all those acting for them or on their behalf, are ENJOINED and RESTRAINED from removing Petitioners in such cases from the continental United States"
J.D. Vance to Chief Justice Roberts: The Judiciary Must Check Its Own Excesses
Did Roberts really think he could lob bombs at the elected branches and face nothing in return?
MALDEF Chooses Not To Seek Cert in DACA Case, But The Injunction Will Be Limited To Texas
"DACA and work authorization should be available to those renewing and those newly applying for DACA in the 49 states other than Texas"
Does Justice Jackson See The Irony In Her Libby Dissent?
KBJ found the representative's vote would not "impact the outcome" of any vote; ditto for KBJ's dissent.
The Supreme Court Unfairly Attacked A "Careful" District Court Judge Who Faithfully Discharged His Office Under Pressure
Chief Justice Roberts and his colleagues owe Judge Hendrix an apology.
Fifth Circuit Assigns A.A.R.P. v. Trump To New Panel For Reargument, Judge Ho Concurs
"I worry that the disrespect they have been shown will not inspire continued respect for the judiciary, without which we cannot long function."
Paul Cassell in WSJ: "A Supreme Court Injustice to District Judge" James Wesley Hendrix
"Justice Alito’s dissent gets it right: James Hendrix handled the Alien Enemies Act case commendably."
Is POTUS Or SCOTUS More To Blame In A "Clash Of Illegalities"?
Our expectations must be much higher for the unaccountable Supreme Court than the popularly-elected President.
SCOTUS to CASA to A.A.R.P.: In Case Of (Perceived) Emergency, Ignore The Rules, And Make Stuff Up
None of the usual rules will apply when the ACLU says there is an emergency.
Does Justice Sotomayor Really Want To Know What The Remedy Would Be If The Government Confiscated Everyone's Guns?
The remedy would not involve Rule 23.
The Department of Justice's "Longstanding" General Practice of Intracircuit Nonacquiescence
A response to questions from Justices Kagan and Barrett.
I Stand By My Prediction: The Court Will Reargue the Case On The Merits And Duck The Procedural Issues
There are eight, and possibly nine votes against Trump on the merits. But the Court is far too fragmented on the injunction issue.
"President Trump Has To Obey The Constitution, But So Does Chief Justice Roberts"
Presented at the Orlando Federalist Society Chapter.
Vice President Vance Will Look For SCOTUS Nominees With "Real Courage" Who Have "Stood Up To The Crowd"
Vance mentions Justices Thomas and Alito as exhibiting this courage, but none of the Trump appointees.
