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
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.
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.
