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
For Legal Conservatives, Six Decades Of Folding, Followed By Sixteen Years To Draw A Full House
On the plus side, we had Rehnquist, Scalia, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett. On the down side, we had Roberts, Souter, Kennedy, O'Connor, Powell, Blackmun, Burger, Stewart, Whittaker, Brennan, and Warren.
Let's talk about 8 U.S.C. § 1252(f)(1) and Justice Barrett's concurrence in Biden v. Texas
As (yet another) Texas v. U.S. slides from the shadow docket to the rocket docket
Kagan Clings To Casey's Conception of Legitimacy
Like the Constitution itself, Casey's precedent on precedent is dead.
New in Newsweek: Dobbs "nullified Justice Souter's linkage of stare decisis and legitimacy"
"A new generation of law students, lawyers, and judges must internalize the Dobbs conception of "legitimacy."
Who Knew That The Public Readiness and Emergency Preparedness Act Protects A Right To Abortion?
The Biden Administration is about to walk into another eviction moratorium debacle.
It Must Be Nice To Have John Marshall On Your Side, Except for Indian Law
Justice Gorsuch embraces Worcester v. Georgia, while Justice Kavanaugh rejects the great Chief Justice.
Justice Scalia's Dissent in Dickerson v. United States Is Vindicated Two Decades Later
Would the current Court have ruled with Justices Scalia and Thomas on Miranda?
New York Judiciary Law Does Allow Commission To Investigate Judge Who Resigns
The investigation of the soon-to-resign Chief Judge of New York can continue.
New York v. United States and Nance v. Ward
Section 1983 should not be read to impose obligations on state legislatures to enact legislation.
Status, Conduct, and the Yarmulke Tax
There's a lot going on in Justice Kagan's Marietta dissent.
"Your Money Or Your Life"
A famous line from NFIB v. Sebelius shows up in U.S. v. Taylor
Chief Judge Srinivasan's Cursory Emoluments Clauses Analysis
After four years of contested litigation, the D.C. Circuit cursorily resolves the meaning of the Emoluments Clauses without any acknowledgment of contrary positions.
N.Y. Times Opinion: "If Only John Roberts Would Retire"
No, it wasn't my column.
Texas Sets Up Test Case For Arizona v. U.S.
Can the states detain an alien based on "reasonable suspicion of illegal entry or other immigration crime"?
