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
Apply for the 14th Annual James Wilson Fellowship
Young Lawyers, Law Clerks, and Law Students are welcome to apply for our Summer 2025 Fellowship on August 3-8, 2025.
Justice Alito Calls To Reconsider Justice Scalia's Proudest Accomplishment
Even Nino nods on the Confrontation Clause.
Guest Post: Reconsidering the [Non-]Appealability of TROs
"To the contrary, an examination of the history of TROs and interlocutory appeals reveals that TROs were not appealable solely because of a now-repealed statutory requirement that the appealed-from interlocutory order be issued 'upon a hearing.'"
Luttig: "A rebuke from the nation's highest court … could well cripple Mr. Trump's presidency and tarnish his legacy"
No, this fight will not end well for the courts.
Thompson v. United States Reminds Me Of How Well Chief Justice Roberts Can Write
And another 9-0 reversal of a federal prosecution of an elected official.
Nearly Five Years Later, Justice Barrett's Memoir Has A Publication Date
"Listening to the Law: Reflections on the Court and Constitution"
The Best Defense of Justice Amy Coney Barrett: No One Else Could Have Been Confirmed To Replace RBG Before The Election
"Republicans couldn’t have filled the seat without Justice Barrett. Mitch McConnell knew this, and for that reason insisted that she needed to be the nominee."
Remember When The Obama Administration Pressured Baker Hostetler To Drop Its Representation In House of Representatives v. Burwell?
I have a very hard time getting worked up over revoked security clearances.
"My Dearest, Angelica"
"Indeed my dear, Sir if my path was strewed with as many roses, as you have filled your letter with compliments, I should not now lament my absence from America."
Family Guy on SCOTUS
Justice Kavanaugh visits a brewery and then switches places with Peter Griffin.
Why the Supreme Court's "Order" In The USAID Case Was An Advisory Opinion (Updated)
If the Court denies the writ or application, the Court cannot instruct the lower court.
"You think it's time to take a seat on the bench? Lol"
"AUSA-1 hoped to convict Mayor Adams as the last notch in his belt before he took a 'seat on the bench.'"
Has There Never Been A Deferred Prosecution Agreement For A Public Official?
"That prospect explains the absence of deferred prosecution agreements involving public officials."
Twenty States Challenge Termination Of Probationary Federal Employees
The states claim that the terminations "impeded the ability of many Plaintiff states to support affected employees," thereby creating an Article III injury.
Article III Inverted: The Supreme Court Surrenders to Inferior Court Supremacy.
Chief Justice Roberts and Justice Barrett are engaging in alternative dispute resolution, rather than constitutional adjudication.
Neutral Principles for the Emergency Docket
The lower courts, which are issuing unappealing rulings, are inverting the Article III hierarchy. This Inferior Court Supremacy cannot stand.
