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
Explaining Vacatur Of The Mask Mandate On The Tarmac
The flight attendant said, "No more masks!"
Vacating The Mask Mandate at 30,000 Feet
The CDC mask mandate was vacated without a stay. Can flight attendants still threaten people with enforcement of civil fines?
I Can No Longer Rely On Uber
Uber is no longer a viable product for me.
Erwin Griswold On The Importance Of Time Limits For Law School Exam
In the New York Times v. U.S., the parties filed briefs under severe constraints.
Justice Black's Dissent in Tinker v. Des Moines Independent Community School District
"Turned loose with lawsuits for damages and injunctions against their teachers as they are here, it is nothing but wishful thinking to imagine that young, immature students will not soon believe it is their right to control the schools."
President Obama on the Twelfth Anniversary of the ACA
The namesake of Obamacare took a victory lap at the White House.
KBJ: "I would note that I am pleased to be the sixth woman nominated to serve on the Supreme Court."
How quickly we forget about Harriet Miers.
The Inaugural Edwin Meese III Originalism Lecture
"Originalism and Stare Decisis in the Lower Courts"
Justice Kavanaugh Is Not Going To Lay A Hand On Employment Division v. Smith
Kavanuagh's concerns about the "compelling interest" test in RLUIPA do not bode well from him restoring that test to Free Exercise Clause jurisprudence.
Houston Community College v. Wilson Reaffirms That Elected Officials Have Free Speech Rights
This basic principle was contested during President Trump's second impeachment trial.
South Texas College of Law SCOTUS Clinic Bests Yale Law School SCOTUS Clinic
In Houston Community College v. Wilson, Justice Gorsuch's unanimous decision faulted respondent for failing to file a cross petition.
NYC Exempts Wealthy Athletes From Vaccine Mandates: "A small number of people have an outsized impact on our economy"
The government undermines its compelling interest to mandate vaccinations for everyone else.
From Judge Jackson's Confirmation Hearing
There were no disruptions because only guests of Senators were allowed to attend.
The Question I Would Ask KBJ: "How would you change the Supreme Court confirmation process?"
"Jackson’s experience gives her a perspective into every facet of the process: selection by the president, preparation before the so-called murder boards, meeting with senators and enduring the hearings."
Noah Feldman is Haunted By Justice Scalia's Vote in Bush v. Gore
Scalia joined Rehnquist's Bush v. Gore concurrence, which introduced the Independent State Legislature Doctrine.
