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
NYC Mayor Eric Adams And I Now Share Something In Common
We were both protested by CUNY Law students.
How Did Justice Gorsuch Lose A Majority In National Pork Producers?
Thomas assigned the majority to Justice Gorsuch, but he couldn't hold five all the way.
National Pork Producers Council v. Ross (2023)
Download the edited version from the 2023 Barnett-Blackman supplement.
Can The Texas House Expel A Member Who Already Resigned?
There are some parallels to late impeachment.
Offices and Officers of the Constitution, Part III: The Appointments, Impeachment, Commissions, and Oath or Affirmation Clauses
A synthesis of our prior writings, and clarification on the meaning of “Officers of the United States.”
Jeff Rosen and Joan Biskupic Talk About Supreme Court Leaks
RBG told Rosen that AMK wrote the Bush v. Gore PC, and Biskupic said a Justice likely leaked Dobbs wrangling to WSJ.
Trump To Remove Criminal Prosecution To Federal Court
Unlike removal under the regular removal statute, removals under 28 U.S.C. § 1442 can be appealed
Scalia Speaks about Clinton v. Jones in the JPS Papers
Justice Stevens rejected most Justice Scalia's revisions.
Another Judicial Ethics Story About Justice Thomas Falls Apart
Mark Paoletta explains the details of Harlan Crow's purchase of the Thomas childhood home.
Justice Stevens's Papers Will Be Released While Justices O'Connor, Kennedy, Souter, Thomas, and Breyer Are Still Alive
First stop for reporters: the Grutter and Gratz files.
Cert Grants With Recusals
Should the Justices choose a different petition where a Justice is recused?
New Column in ABA Journal: "Law schools face an inflection point with diversity, equity and inclusion"
"Universities and faculties in particular should take decisive action to prevent future Steinbachs and Eldiks from subverting the core principles of academic inquiry."
The First Scalia Oral Argument Since 1976?
Will Eugene Scalia argue Murray v. UBS, after his father Antonin last argued in 1976?
Another Judicial Ethics Story About Judge Kacsmaryk Falls Apart
Editors should withdraw any unpublished stories about judicial ethics to get a grip on reality.
What Supreme Court Advocates Mean When We Say "Those Are Good Facts"
Usually, "good" facts for a cert petition represent unfortunate human suffering.
The New York Times Uncovered The Worst-Kept Secret In Academia
Summer study-abroad programs are cushy vacations for students and boondoggles to attract elite faculty.
Senator Schumer's Letter to Chief Judge Godbey (NDTX)
If you don't do what I want, "Congress will consider more prescriptive requirements."
Justice Alito Defends The Supreme Court In Ways Chief Justice Roberts Cannot
If Justice Thomas is the intellectual leader of the Supreme Court, Justice Alito is its heart.
ChatGPT Will Make Writers Lazy
Chatbots are a quantum leap from writing aids in the past, like a thesaurus, word processing, and spell check.
What Joan Biskupic "Learned" in Nine Black Robes?
The inside-information largely trickled to a halt after 2020.
Texas Will Test Whether Kennedy v. Bremerton Abrogated Engel v. Vitale, Stone v. Graham, and Wallace v. Jaffree
And good luck challenging the law. The Texas Senate passed an S.B. 8-like bulletproof bill for prayer in school.
