Josh Blackman is a constitutional law professor at the South Texas College of Law Houston, an adjunct scholar at the Cato Institute, and the President of the Harlan Institute. Follow him @JoshMBlackman.
Josh Blackman
Latest from Josh Blackman
Book Advances for the Justices in 2023
Gorsuch ($250,000), Kavanaugh ($340,000), Jackson ($893,750).
Baude & Paulsen v. Blackman on Section 3
Video from the 2024 Originalism Works-in-Progress Conference
Travel Ban, Redux
President Biden invokes Section 212(f) of the INA to block asylum seekers from entering the United States.
New Article: Bilateral Judicial Reform
This Article offers ten neutral proposals that would equally weaken the right and the left.
About The Former Alito Clerk Who Attacked Him In The Philadelphia Inquirer
Professor Susan Sullivan doesn't even list Alito's name on her biography, and clerked for Judge Alito when Casey was argued.
NRA v. Vullo and Trump v. Hawaii
Citing Governor Cuomo's tweets harkens back to, and perhaps foreshadows, litigation against President Trump.
Justice Alito's Letter About The Flag Flap
He will not recuse, so everyone should move on.
The Alito Flag Flap, Snyder v. Phelps, and Chaplinsky v. New Hampshire
The latest reporting from the New York Times intersections with Free Speech cases.
Hoping for Three More Votes
Gorsuch: "If there are not yet four votes on this Court to take up the question whether Williams should be overruled, I can only hope someday there will be."
The Origin Story of Dobbs
A deep dive into how Dobbs came to be.
The Old Gray Lady In Distress
To be clear, I am referring to the New York Times.
Justice Thomas's Concurrence in Alexander v. SC NAACP
I think Justice Thomas is setting up to find that the Voting Rights Act is unconstitutional, at least with regard to redistricting.
The Value of Legislative Drafting Guides
In Brown v. United States, Justice Alito relied on them, but Justice Jackson did not.
On Flags and Collars
RBG wore her dissent jabot the day after the 2016 election.
A Family Affair for President Biden's Nominees To First and Sixth Circuits
CA6 nominee Karla M. Campbell was Judge Stranch's first law clerk, and CA1 nominee Justice Julia M. Lipez is filling the seat her father formerly held.
30 Months After Only Three Justices Would Have Granted Cert in Roman Catholic Diocese of Albany, the New York Court of Appeals Holds Fulton Changed Nothing
Decisions from Justices Kavanaugh and Barrett continue to linger.
CFPB v. CFSAA: Originalists v. Traditionalists
The Court's originalists and traditionalists break out into their camps.