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 Scalia's Dissent in Dickerson v. United States Is Vindicated Two Decades Later
Would the current Court have ruled with Justices Scalia and Thomas on Miranda?
New York Judiciary Law Does Allow Commission To Investigate Judge Who Resigns
The investigation of the soon-to-resign Chief Judge of New York can continue.
New York v. United States and Nance v. Ward
Section 1983 should not be read to impose obligations on state legislatures to enact legislation.
Status, Conduct, and the Yarmulke Tax
There's a lot going on in Justice Kagan's Marietta dissent.
"Your Money Or Your Life"
A famous line from NFIB v. Sebelius shows up in U.S. v. Taylor
Chief Judge Srinivasan's Cursory Emoluments Clauses Analysis
After four years of contested litigation, the D.C. Circuit cursorily resolves the meaning of the Emoluments Clauses without any acknowledgment of contrary positions.
N.Y. Times Opinion: "If Only John Roberts Would Retire"
No, it wasn't my column.
Texas Sets Up Test Case For Arizona v. U.S.
Can the states detain an alien based on "reasonable suspicion of illegal entry or other immigration crime"?
The Most Fascinating ConLaw Decision of the Term: Torres v. Texas Department of Public Safety
Red Flag June Comes For Alden v. Maine.
The Precedential Value of Shadow Docket Cases
West Virginia v. EPA included the COVID cases in the Major Questions Canon.
The Legality of DACA After West Virginia v. EPA
The long-standing deferred action policy fits many of the Chief Justice's criteria for majorness.
What's In A Name?
A doctrine by any other name would be just as major.
Nine Cases From OT 2021 Term For The Barnett/Blackman Supplement
Dobbs, Bruen, Kennedy, Carson, WV v. EPA, City of Austin, Shurtleff, Torres, and Vaello-Madero.
Justice Gorsuch Cancels Woodrow Wilson
The one President everyone agrees should be cancelled.
SCOTUS Eliminates the Lemon Defense, and Smokes Joints With Play
A revolution in Establishment Clause jurisprudence from three Free Exercise and Free Speech cases.
No Offense, But It's Just A Prayer
Kennedy tells people to get over prayer in public unless there is direct coercion.
Why Didn't Kennedy Formally Overrule Lemon?
There were no Establishment Clause claims present, and Kennedy did not ask the Court to reverse Lemon.
Farewell to Footnote 3 of Trinity Lutheran
In Carson v. Makin, the Chief Justice stealthily eliminated the status/use distinction.
Forget Carson! Remember the Maine Human Rights Act.
Maine finds a way to undercut Carson v. Maikin.
Bruen Broke The Deal
A guest post from Prof. Robert Leider (GMU)
State of the Fifth Circuit Address
A study of the Fifth Circuit's en banc decisions over the past four years.
The Kavanaugh Concurrence Is The New Kennedy Concurrence
"I write separately to emphasize the narrowness of the issue before us." Who said it? Kennedy or Kavanaugh?
