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
Yes, The Supreme Court Has Reversed A Precedent Based Entirely On Its Wrongness
In the Legal Tender Cases, the Supreme Court reversed itself after two new Justices were appointed who favored the validity of paper money.
What's going on with Dobbs and the S.B. 8 Cases?
Still no decision on the Texas fetal heartbeat case.
Stare Decisis in Obergefell and Dobbs
Justices Breyer, Sotomayor, and Kagan had no difficulty overruling Baker v. Nelson, and millennia of tradition.
Justice Breyer Is Forever Afflicted With Lochnerphobia
No, Lochner was not "about pure laissez faire."
NY Times Obituary Confuses Justice John Marshal Harlan I and II
Philip B. Heymann, who died this week, did not clerk for JMH I.
The "Stench" of Justice Sotomayor's Putrid Self-Fulfilling Prophecy
If she is so worried about the Court's politicization, she wouldn't expend so much effort to call her colleagues partisans.
Coming on Dec. 23, Feddie Night Festivus: Blackman vs. Everybody!
Featuring unprecedented feats of jurisprudential strength.
Heritage Reporting Company Corrects Justice Sotomayor's Speaking Error
Justice Sotomayor said "23 to 24 months," but she obviously meant "23 to 24 weeks." The error was understandable, but is it proper for the Supreme Court transcript to be corrected?
New in Newsweek: The Roberts Court is Poised To Unravel Roe v. Wade's Precedential "Paradox"
"On Wednesday, two current members of the Court channelled the logic of the Justices they clerked for."
Dobbs Ain't Over Till It's Over
Don't get cocky.
Justice Blackmun's Papers?!
I did not expect Chief Justice Roberts to say that the viability line was dicta based on Justice Blackmun's papers.
Chief Justice Roberts's Question About Stare Decisis and Originalism
What methodology should be used to determine if Roe was wrong?
Justice Breyer and Sotomayor Do Not Understand Who Decides
The Justices who profess the greatest respect for democracy forget the Court is the least democratic branch.
Justice Sotomayor Needs To Re-Read Marbury v. Madison
No, Marbury did not say that "the Supreme Court is the last word on what the Constitution means."
Where was Justice Kagan in Dobbs?
The former Dean exercised her right to remain silent to ensure maximum space for negotiation at conference.
My Automated, Rush Transcript of Dobbs v. Mississippi
I ran the YouTube Feed through Otter.ai.
Charles Fried's Hat and Sweater
Fried and Meese offer very different conceptions of legal conservatism.
Predicting Justice Barrett's First Question in Dobbs
Her first question often gives away her bottom line.
AG Meese: Failing to Overrule Roe and Casey "Would Threaten to Destroy the 40-Year Effort to Restrain the Court with the Founders' Interpretive Principles"
Meese warns that "law students will be tempted, understandably so, to abandon this philosophy in favor of a purely results-oriented approach to judging."
Judges Who Rescind Their Senior Status Announcement Because They Don't Like Their Replacements
Judges Kanne (CA7) and King (CA4) have started a new trend.
ABA Tries Again With Legal-Ed Diversity Rule
"Concrete actions towards creating an inclusive and equitable environment under Standard 206(a)(3) may include . . . Continuing education for faculty members regarding the effective use of diversity in the classroom."
SCOTUS Does Not Decide S.B. 8 Cases
The longer this delay lasts, the less likely that Texas will lose.
Bluebook Adopts Rule Requiring Slavery Parentheticals
"For cases involving an enslaved person as a party, use the parenthetical '(enslaved party).'"
President Biden Will Transfer Power To VP Harris During His Colonoscopy
Doubts about the Presidential Succession Act remain in light of a 1995 article by Akhil Reed Amar and Vikram Amar.
A Thought Experiment: Phase Out Supreme Court Clerks
Eliminating these unique positions of immense power and prestige would have several downstream benefits, and the downsides are also probably benefits.
Judge Silberman Petitions The Judicial Council To Review His Misconduct Complaint Against Judge Sullivan [Updated]
"The reasoning [of the Committee's opinion] is so tortured and inexplicable it is hard to imagine that any Article III judge could have written it."
After A Decade of Litigation, 77-Year-Old Barronelle Stutzman Retires And Settles Arlene's Flowers Case for $5,000
She couldn't wait any longer for the Supreme Court to rule on her case.
Conservative and Libertarian Law Students At Yale Law School Should Transfer Out En Masse
Punish YLS where it hurts: by denying them credit for coveted clerkships.
A Timely, Brief History of Initial En Banc in the Sixth Circuit
Republishing a post from April 2021 in light of the petition for initial en banc in the OSHA Mandate case
President Biden Nominates First Judge in Double-Red State
Andre B. Mathis of Tennessee may not receive blue slips from the state's two Republican Senators.
Poll: People Oppose Overruling Roe, But Favor 15-Week Abortion Ban
Polling data reveals people have no clue what Roe and Casey actually say.
