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
Senators Should Give Their "Advice" Before Their "Consent"
My Op-Ed in Newsweek: "If the senators advise before they consent, Biden can still select one of his preferred nominees and, in the process, reverse the tide of the decades-long confirmation wars."
In Memoriam: Lino Graglia (1930-2022)
Graglia taught at the University of Texas for five decades.
Don't Be So Certain About Trump And Section 3
The jurisdiction element of Section 3 does not "definitely" or "plainly" apply to Trump.
Offices and Officers of the Constitution, Parts I and II
The first two installments of a planned ten-part series that provides the first comprehensive examination of the offices and officers of the Constitution.
WaPo Provides More Details On Breyer Retirement Timeline
"Late last fall, senior White House aides were informed Breyer was close to a decision, and they had expected him to make the announcement he would retire in early 2022."
My Review of Judge Sutton's New Book in the Wall Street Journal
‘Who Decides?’ Review: The Supreme Court, the States and the Contest for Control
Charles Breyer on Stephen Breyer's Retirement: "I think it's clear that politics played a role"
A bit of political brotherly love.
SCOTUS Splits 5-4 on Capital Case
Justice Barrett would have denied the stay, but did not join Justice Kagan's dissental.
President Biden Invites Justice Breyer To Stay In The Lincoln Bedroom
Breyer is not retired, yet.
Four New Justices in Six Years
We haven't seen this much rapid turnover in five decades.
Breaking: NBC News Reports Justice Breyer Will Retire
The confirmation hearing will likely be held as the Supreme Court term is drawing to a close.
Two Years Without Twitter
I am grateful I have not spent the last two dreadful years on Twitter.
Will the En Banc 9th Circuit Extend the Second Amendment's Losing Streak to 51 Cases?
Not only did Judge VanDyke write a majority opinion, he wrote a draft fauxpinion reversing himself!
SCOTUS Grants Cert To Narrow, But Not Overrule McGirt
Efforts to lobby ACB to reverse McGirt have failed.
Constitutional Law and Supreme Court Expert Ilya Shapiro Joins the Georgetown Center for the Constitution
My good friend and colleague moves from the Cato Institute to Georgetown.
Why Did Chief Justice Roberts Not Dissent In WWH Mandamus Case?
Roberts, a self-avowed judicial supremacist, apparently did not think the Fifth Circuit ignored the Supreme Court.
NPR Issues A "Clarification," Not A "Correction" on #Maskgate (Updated)
Perhaps the one silver lining of this mess is that the media will be less likely to publish leaks from SCOTUS.
Citizens United Déjà Vu for Malcolm Stewart?
In FEC v. Cruz, there was a flashback to the book-banning hypothetical.
SCOTUS GDRs Trump v. Thompson: Grant, Dictumize, and Retreat
The Supreme Court summarily deems the "central question" of the D.C. Circuit's opinion as "nonbinding dicta" to avoid hamstringing some future, more worthwhile, president.
Chief Justice Roberts, and Justice Sotomayor and Gorsuch Release Statements About #Maskgate
I am grateful the Court is fighting back against leaks and disinformation.
Justice Gorsuch's Error in NFIB v. OSHA
The concurrence did not accurately quote a Labor Department brief from 2020.
Leaks from SCOTUS About Maskgate!? (Updated with statements from Gorsuch, Sotomayor, and Roberts)
I hope these leaks do not augur further leaks about Dobbs and other cases.
New Essay: "Judicial Courage"
Coming soon in the Texas Review of Law & Politics issue on "Uncommon Fortitude"
Goldilocks and the Three Major Questions Cases
Hot and cold porridge in Alabama, NFIB, and Missouri.
