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
Does Justice Jackson See The Irony In Her Libby Dissent?
KBJ found the representative's vote would not "impact the outcome" of any vote; ditto for KBJ's dissent.
The Supreme Court Unfairly Attacked A "Careful" District Court Judge Who Faithfully Discharged His Office Under Pressure
Chief Justice Roberts and his colleagues owe Judge Hendrix an apology.
Fifth Circuit Assigns A.A.R.P. v. Trump To New Panel For Reargument, Judge Ho Concurs
"I worry that the disrespect they have been shown will not inspire continued respect for the judiciary, without which we cannot long function."
Paul Cassell in WSJ: "A Supreme Court Injustice to District Judge" James Wesley Hendrix
"Justice Alito’s dissent gets it right: James Hendrix handled the Alien Enemies Act case commendably."
Is POTUS Or SCOTUS More To Blame In A "Clash Of Illegalities"?
Our expectations must be much higher for the unaccountable Supreme Court than the popularly-elected President.
SCOTUS to CASA to A.A.R.P.: In Case Of (Perceived) Emergency, Ignore The Rules, And Make Stuff Up
None of the usual rules will apply when the ACLU says there is an emergency.
Does Justice Sotomayor Really Want To Know What The Remedy Would Be If The Government Confiscated Everyone's Guns?
The remedy would not involve Rule 23.
The Department of Justice's "Longstanding" General Practice of Intracircuit Nonacquiescence
A response to questions from Justices Kagan and Barrett.
I Stand By My Prediction: The Court Will Reargue the Case On The Merits And Duck The Procedural Issues
There are eight, and possibly nine votes against Trump on the merits. But the Court is far too fragmented on the injunction issue.
"President Trump Has To Obey The Constitution, But So Does Chief Justice Roberts"
Presented at the Orlando Federalist Society Chapter.
Vice President Vance Will Look For SCOTUS Nominees With "Real Courage" Who Have "Stood Up To The Crowd"
Vance mentions Justices Thomas and Alito as exhibiting this courage, but none of the Trump appointees.
Solicitor General Is Still Waiting For An Actual Ruling In A.A.R.P. v. Trump
Nearly a month has elapsed since the ACLU's very good Friday.
The Chief's Blue Plate Special On Birthright Citizenship: A Second Helping Of DACA Reliance Interests
If the Court's can't coalesce on a single rationale, we might see a redux of Department of Regents.
Congratulations to the Finalists of the Harlan Institute OT 2024 Virtual Supreme Court Competition
High School Students from Oregon and Texas argued before a panel of three federal judges and visited the United States Supreme Court.
My Prediction For The Birthright Citizenship Cases: The Court Will Rule Against Trump On The Merits And Bypass All Other Procedural Issues
There are certainly five votes on the meaning of the Fourteenth Amendment, but there are not five votes about nationwide injunctions.
The Foreign Emoluments Clause, A Qatari Jet, and Honorary Irish Citizenship
More than 100 days into the new administration, the Foreign Emoluments Clause returns to the fore.
Justice Souter's Papers Will Be Available In The Year 2075
The Justice was "emphatic" that his papers would be available only fifty years after his death.
SCOTUS Permits Discharge In COVID and Transgender Cases
Comparing Navy Seals and Shilling.
TROLP Has Published My 2024 Jurist of the Year Address
I offer five tips on how you can get a TROLP bobblehead.
New Article: Forcibly Sweeping Section 3 Up To The Supreme Court
My personal account of the Section 3 litigation.
SG Files Emergency Application in DOGE Case, CJ Roberts Immediately Calls for Response in 10 Days
The Chief moved quickly, but extended the review period out.
How Quickly Should A Justice Call For A Response On The Emergency Docket?
Is Justice Jackson trying to set a new standard?
Emergency Application Filed With Circuit Justice Jackson Seeks Relief By May 6; Still No Call For Response
The Court moves heaven and earth to block removal of alleged gang members who are almost certainly removable, but stays silent when citizens of Maine lose their elected representative.
Florida Judge Seeks To Enjoin Parties Not Before Her Court
And she is considering holding the Florida Attorney General in contempt for pointing out the limits of the judge's order
