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
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."
Janus and Dobbs
The leaked opinion places the public "on notice . . . regarding this Court’s misgivings about" Roe.
Originalism In The Lower Courts: Is Absolute Prosecutorial Immunity Correct As An Original Matter?
Judge Ho: "There are good reasons to believe that the doctrine of absolute prosecutorial immunity is wrong as an original matter."
The Final Epicycle of Roe v. Wade
This ultimate breach in Court confidentiality provides yet one more reason why the Supreme Court must exit the arena of abortion.
Ex Parte Quirin: A Precedent When The Outcome Of a SCOTUS Case Is Already Known
What should SCOTUS do when everyone already knows the outcome of a case?
Judge James Buckley On a 1991 CADC Leak of Judge Thomas's Lamprecht Decision
"I refer to an article that appeared on September 30, 1991, in The Legal Times, which purported to report in some detail on the contents of preliminary drafts of the majority and dissenting opinions."
