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
Bruen's Originalist Analogical Reasoning Applies A Presumption of Liberty
A new framework for originalist judging.
Bruen Bids Farewell To The Two-Step Test
The Court abrogated a decade of circuit court precedent, and vitiated mountains of Second Amendment scholarship.
Edited Version of Dobbs for Barnett/Blackman 2022 Supplement
I distilled the 213-page decision down to about 50 pages.
The Decade From NFIB To Dobbs
A very unexpected path.
New Op-Ed: "On abortion, justices demonstrate courage under fire"
"Dobbs, which is a triumph for originalism and sound constitutional law, also signals that the court is infused with judicial fortitude."
From Bruen to Dobbs in Twenty-Four Hours
A whirlwind day.
From Blue June to Red Flag June
Bruen and Dobbs placed red flags on hundreds of precedents.
Edited Version of NYS Rifle & Pistol v. Bruen for Barnett/Blackman 2022 Supplement
I distilled the 132 decision down to about 40 pages. Dobbs is next.
Harlan Institute-Ashbrook Virtual Supreme Court Championship Round
The top two teams presented oral argument in NYS Rifle & Pistol Association v. Bruen at the Georgetown Supreme Court Institute
And Roberts Was His Name-O
The Chief treats in his dissent.
"Its" A Problem
Justice Gorsuch has a pronoun problem. No, not that problem.
Who The Hale Cares What They Think?
Justice Barrett cites Sir Matthew Hale, as did Justice Alito in Dobbs draft.
Justice Gorsuch DIGS In Kemp and Digs Out in Denezpi
On the current Court, Justice Gorsuch is the most unpredictable justice.
Textualism Monday
Four decisions that turn on the meaning of text.
Conjunction Disjunction in the Dobbs Draft
Does the Glucksberg test require a right to be "fundamental" and "deeply rooted" or "fundamental" or "deeply rooted"?
Press Coverage on the Assassination Attempt of Justice Kavanaugh
The New York Times lists sixteen news stories above the attempted murder of a Justice.
New Details On Attempted Assassination of Justice Kavanaugh
From this criminal complaint, it seems that the defendant wanted to kill Kavanaugh to prevent him from casting decisive votes in Dobbs and NYS Rifle & Pistol.
Justice Sotomayor Criticizes The "Restless and Newly Constituted Court"
This claim brings to mind Justice Stevens' dissent from Citizens United.
So Long As Dobbs Remains Undecided, The Lives of the Justices Are At Risk
The Dobbs 5 should immediately issue an unsigned per curiam order, with an opinion to follow, even over the Chief Justice's objection.
