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
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.
Justice Alito Speaks On Religious Liberty
"It is hard to convince people that religious liberty is worth defending, if they don't think that religion is a good thing that deserves protection."
Justices With Facial Hair
Justice Alito joins Justice Scalia as the only modern Justice with a beard.
Dobbs Is Making Our Democracy Work
Justice Breyer, whether he admits it or not, should recognize how Dobbs reinvigorated the legislative process on abortion.
Nicholas Roske Used Reddit and Discord To Plan Assassination of Kavanaugh And Potentially Two Other Justices
Chilling information revealed from the search warrant affidavit.
Kelley v. Becerra, the Preventive Care Mandate and the Major Questions Doctrine
SCOTUS dodged this issue in Little Sisters of the Poor, but W.V. v. EPA invigorated the claim.
