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
Two Federal Judges Apologize For Issuing Opinions With AI Hallucinations
An intern and a law clerk used generative AI, and the judges didn't catch the hallucinations.
The Asymmetry on Standing for Liberals and Conservatives
Justice Kagan acknowledged an unspoken truth in standing law: it is easier for blue litigants to have standing than for red litigants.
SCOTUS Still Has PTSD From The 2020 Election
The Court will likely find standing in Bost to avoid the "nightmare scenario" of cancelling votes after they are cast.
Judge Oldham Wants To Restore A Judiciary Without Horizontal Stare Decisis
Judges would find the law, rather than mechanically following every word that appears in a published opinion.
"The Article III of the Deal" by Paul Clement
In Bost, Paul Clement engaged in negotiations with the Justices about the proper standing rule.
The First Citation of the Heritage Guide in a SCOTUS Brief
A very timely citation on the "Calling forth the Militia" Clause
Boerne, RFRA, and the VRA
Several justices seem ready to import the congruence and proportionality test to the 15th Amendment.
The Championship Round of the Harlan Institute Competition Will Be Held In The Rotunda of The National Archives
High School students will moot whether the United Colonies should declare independence from Great Britain.
DOJ Argues That Agency Head Cannot Delegate Power To Appoint Inferior Officers
In 2005, the Office of Legal Counsel said this issue was unsettled. But a brief in the Alina Habba litigation takes a firm position.
A "Bombshell" Or a Dud?
Once again, originalism is only elevated when a scholar with conservative credentials opposes conservative jurisprudence.
From October 7, 2023 to October 13, 2025
Blessed are You, L-rd our G‑d, King of the Universe, who has granted us life, sustained us and enabled us to reach this occasion.
Even With A Skewed Sample, The New York Times Survey Of Federal Judges Reveals A Brewing Judicial Crisis
And once again, you know who is to blame.
The 14th Annual Harlan Institute Virtual Supreme Court Competition: Patriots v. Loyalists
Should the United Colonies declare independence from Great Britain?
As The Roberts Court Turns 20, The Originalist Revolution Turns 40
"By the end of President Reagan’s administration, the originalist revolution was underway."
Oyez! Oyez! Oyez! The October Term 2025 of FantasySCOTUS is now in session
Predict all of the biggest cases at the Supreme Court.
"The same result that we reached in May is appropriate here."
Once again, a district judge is reversed by the Supreme Court twice in the same case.
