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
OK, Justice Barrett, I "Read the Opinion" in Netchoice LLC v. Paxton
It took me 15 seconds, and it includes no reasoning.
"Texas should not be required to seek preclearance from the federal courts before its laws go into effect"
Well, at least from the U.S District Court for the Western District of Texas, Austin Division.
A Scalia Clerk and A Stevens Clerk from OT 2007 Talk About Heller
"We think it’s clear that every member of the court on which we clerked joined an opinion — either majority or dissent — that agreed that the Constitution leaves elected officials an array of policy options when it comes to gun regulation"
CNN: SCOTUS Investigation Demands Phone Records From Clerks, Who Must Sign Affidavits
Leaks about the leaks continue.
Linda Greenhouse Lives in a Bizarro World on Dobbs
To Greenhouse, overruling Roe is an act of "judicial activism" and "raw power."
Lash on Roe and the Thirteenth Amendment
"This essay explores the history behind the adoption of the Thirteenth Amendment and conclude the pro-Roe reading of the Thirteenth Amendment is incorrect."
D.C. Circuit Workplace Survey Leaked, And Investigation of Leaked Survey Is Leaked
The federal courts are in trouble if confidential material cannot remain confidential.
No Joan Biskupic, Justice Thomas Did Not Take A "Surprising, Public Jab" At Chief Justice Roberts
Justice Thomas waxed nostalgically about the Rehnquist Court. He did not blame Roberts for the change.
My Published Inaugural Edwin Meese III Originalism Lecture
"Originalism and Stare Decisis in the Lower Courts"
Some Unsolicited Advice on Abortion and the Religion Clauses
The Free Exercise Clause, the Establishment Clause, and the Third-Party Harm Doctrine.
Now Justice Barrett Uses "Noncitizen" Instead of "Alien"
"Congress has comprehensively detailed the rules by which noncitizens may enter and live in the United States."
Justice Thomas on SCOTUS Leak: "You begin to look over your shoulder"
Thomas on the Rehnquist Court: “We may have been a dysfunctional family, but we were a family.”
House Hearing about Cyberattacks on Judiciary
"We are vulnerable."
More SCOTUS Leaks To Politico: Alito's Majority Still Holds Five, And No Other Draft Opinions Have Been Circulated Yet
These leaks from a "conservative" look designed to quell controversy.
Cancelling Henry de Bracton
If you don't like what Bracton said about abortion, wait till you read what he wrote about hunting foxes.
A Taxonomy To Measure Supreme Court Leaks
I offer a taxonomy to measure Supreme Court leaks, with three primary variables: (1) timing, (2) details, (3) impact.
Washington Post Reports On More SCOTUS Leaks
I have ten general observations.
Overruling Roe Would Extinguish A Judicially Created Right, But Would Restore The People's "Precious Right To Govern Themselves"
There is not a single definition of liberty.
Justice Alito Sends Recorded Video Message To Fifth Circuit Judicial Conference
"Unfortunately personal attendance became impractical, and I apologize for everyone for the change in plans."
