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
Can The Vice President Invoke The "Speech or Debate" Clause?
The provision applies to "Senators and Representatives," not to the President of the Senate.
In 2023, Pierson v. Post Meets Keeble v. Hickeringill
Modern-day efforts to sabotage fox hunts.
Another Judge on the Acela Corridor Takes The Thirteenth Amendment Seriously
Judge Matey's concurrence sketches out the original meaning of "involuntary servitude."
Professor Xiao Wang in the Minnesota Law Review Refutes A Position I Do Not Hold
When you say someone is wrong, quote them, to ensure you are properly attributing their view.
The Supreme Court at the 2023 State of the Union
President Biden goes off script on abortion.
Are Circuit Court Decisions from Before 1892 Binding On The Circuit Courts of Appeals?
The Evarts Act of 1892 established the modern-day circuit courts of appeals.
Abortion and the 13th Amendment
Judges cannot take the Supreme Court's silence as a ground to subvert Supreme Court precedent.
A Series of Unfortunate Travel Events
Yet I still made it to my destination.
Forum Shopping in California
Just leave your heart, and nationwide injunction, in San Francisco.
The Washington Post Profiles the 5th Circuit
"They don’t care about being invited to elite parties in Georgetown.”
Why Does Justice Kavanaugh Write Concurrences?
And if only we could gaze upon his book of never-published opinions.
Bar Associations Threaten Pro-Se Litigant, Aided by AI, with UPL Suits
I warned about this risk nearly a decade ago.
Does AG Garland Need to Appoint A Third Special Counsel To Investigate Potential-Presidential-Candidate Pence?
To maintain the appearance of neutrality, Garland may have to.
Three Years Without Twitter
I am grateful I have not spent the last three dreadful years on Twitter.
