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
Redressability and Irreparable Harm in the Texas Gerrymandering Case
The Plaintiffs argued the 2021 map was an unconstitutional gerrymander. How could reimposing the 2021 map actually redress their purported injuries?
Chancellor James Kent on Hamilton's Federalist No. 77 and Modern Academic Commentary
A guest post from Professor Seth Barrett Tillman.
A Law Professor On A Jury?
A challenge for cause or a peremptory strike?
New In Civitas: Judge Andrew S. Oldham's Barbara K. Olson's Memorial Lecture
Yet another FedSoc debate or an existential challenge?
Oh SNAP! Did KBJ Not Refer Rollins To The Full Court?
The Court's order uses the passive voice, which differs from most orders which use the active voice.
After Nearly One Year, SCOTUS Denies Cert In Vehicle To Overrule Kagama
The Court rescheduled the case seventeen times and relisted it four times.
The Transgender Passport Case Mini Merits Analysis
The Court is still living in Justice Kennedy's shadow and Justice Jackson questions whether executive actions have as much force as statutes.
Should The Denial Of Rights To Aliens Cut Against Restoring The Privileges or Immunities Clause?
What rights do aliens have under Section 1?
The First Circuit Is Not A Denny's
According to the Attorney General, the First Circuit's clerk refused to "offer any means of filing" an emergency brief after 5:00 p.m.
Ilya Confusion At The Scalia Memorial Dinner
Justice Barrett mentioned Ilya Somin, but meant Ilya Shapiro.
Calling Balls And Strikes During Warmup Pitches
Judge Matey explains that umpires indicate what the strike zone will be during warmup pitches that do not count.
Judge Bumatay on Originalism, Stare Decisis, and the Party Presentation Rule
"When should circuit judges overturn their own non-originalist precedents? Spoiler alert—the answer is 'always.'"
The Tariff Case and Veto Overrides
It always takes a veto-proof majority to claw back the President's powers.
New in Civitas: "Eliminating Liberal Institutional Asymmetries"
"For now, the only way to advance conservatism is to eliminate liberal institutional asymmetries."
Counting to Five for the Government In The Tariffs Case
I was in the Court, and I have a different take on the case.
The Shortest SCOTUS Oral Argument In The Modern Era?
Coney Island Auto Parts, Inc. v. Burton was over in 37 minutes.
Six Things I Learned From Jodi Kantor's Latest Article
The Court installed timers to keep track of how long each Justice speaks for!
