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
To Indict Or Not To Indict? That Is the Question.
Garland's dilemma.
Where is Times Square?
New York City erects an expansive "sensitive" place in Midtown Manhattan.
Back In The Studio
Another round of videos for the Second Edition of An Introduction to Constitutional Law
The "Good Ship Fifth Circuit" Denies En Banc Review in Sambrano v. United Airlines
Judge Smith dissents from the denial of rehearing, and Judge Ho concurs.
The En Banc Fifth Circuit Sharply Divides On Personal Jurisdiction and the Fifth Amendment
The Court's originalists (Ho, Elrod, and Oldham) disagree on the original meaning of the Due Process of Law.
Vogue on KBJ and ACB
Contrast how the fashion magazine treats the two newest members of the Supreme Court.
Justice Kagan wrote "Now Congress will have to fix a statute this Court has broken."
And Congress is poised to fix the "loophole" left by the Supreme Court decision with a bill drafted by the Respondent.
Three Prosecutors Who Are Investigating Their Political Opponents
Trump announcing his candidacy would not end Garland's investigation. Rather, it would likely result in the appointment of a special counsel.
No, 18 U.S.C. § 2071 Cannot Disqualify Trump From The Presidency
That statute disqualifies a person from "holding any office under the United States."
The Progressive Free Exercise Clause
Progressives are pivoting to find arguments that will work with a conservative Court.