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
WaPo Describes Justice Thomas: "the Black justice whose rulings often resemble the thinking of White conservatives."
Discourse about race is upside down and backwards.
Judge James Ho Defends Ilya Shapiro and Color Blindness at GULC
"And so, if Ilya Shapiro is deserving of cancellation, then you should go ahead and cancel me too."
Justice Barrett's Keynote Address at Notre Dame
The Justice spoke about the federal equity power, and her transition to the Supreme Court.
Harlan Institute-Ashbrook Virtual Supreme Court Semifinalists
25 Teams of HS Students presented oral argument in NYS Rifle & Pistol Association v. Bruen
Guest Post by Adam Schulman on KBJ's Opinion in Ross v. Lockheed Martin
"Ketanji Brown Jackson — protecting the rights of class members; U.W. Clemon — protecting the pocketbook of his plaintiffs’-side law firm"
What Kind of Justice Should President Biden Pick? A Breyer? A Sotomayor? A Kagan? Or A Scalia?
It isn't obvious which way the President should go here.
Throwing Shade At The Shadow Docket In The Alabama Redistricting Cases
Merrill v. Milligan is the most important shadow docket entry since John Does 1-3 v. Mills
Senators Should Give Their "Advice" Before Their "Consent"
My Op-Ed in Newsweek: "If the senators advise before they consent, Biden can still select one of his preferred nominees and, in the process, reverse the tide of the decades-long confirmation wars."
In Memoriam: Lino Graglia (1930-2022)
Graglia taught at the University of Texas for five decades.
Don't Be So Certain About Trump And Section 3
The jurisdiction element of Section 3 does not "definitely" or "plainly" apply to Trump.
Offices and Officers of the Constitution, Parts I and II
The first two installments of a planned ten-part series that provides the first comprehensive examination of the offices and officers of the Constitution.
WaPo Provides More Details On Breyer Retirement Timeline
"Late last fall, senior White House aides were informed Breyer was close to a decision, and they had expected him to make the announcement he would retire in early 2022."
My Review of Judge Sutton's New Book in the Wall Street Journal
‘Who Decides?’ Review: The Supreme Court, the States and the Contest for Control
Charles Breyer on Stephen Breyer's Retirement: "I think it's clear that politics played a role"
A bit of political brotherly love.
SCOTUS Splits 5-4 on Capital Case
Justice Barrett would have denied the stay, but did not join Justice Kagan's dissental.
President Biden Invites Justice Breyer To Stay In The Lincoln Bedroom
Breyer is not retired, yet.
Four New Justices in Six Years
We haven't seen this much rapid turnover in five decades.
Breaking: NBC News Reports Justice Breyer Will Retire
The confirmation hearing will likely be held as the Supreme Court term is drawing to a close.
Two Years Without Twitter
I am grateful I have not spent the last two dreadful years on Twitter.
Will the En Banc 9th Circuit Extend the Second Amendment's Losing Streak to 51 Cases?
Not only did Judge VanDyke write a majority opinion, he wrote a draft fauxpinion reversing himself!
SCOTUS Grants Cert To Narrow, But Not Overrule McGirt
Efforts to lobby ACB to reverse McGirt have failed.
