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
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.
The Shadow Docket and the Rocket Docket: Losing Fast and Slow
Are critics of the shadow docket satisfied that the Supreme Court is deciding urgent cases after full briefing and oral argument?
After NFIB v. OSHA, Would President Biden Veto a CRA Resolution for the OSHA Mandate?
If the House passes the Congressional Review Act Resolution, President Biden would have an opportunity to publicly disavow the Supreme Court's decision.
New Civil Liberties Alliance is Hiring
NCLA is looking for a Senior Litigation Counsel and Litigation Counsel.
Who Decides, Redux?
In NFIB v. OSHA, the majority, concurrence, and dissent disagree on who decides about COVID mandates.
SCOTUS Cites F.4th!
I had missed the first citation in Doe v. Mills.
NFIB v. OSHA Cites Shadow Docket Decision As Precedential
The OSHA vaccine mandate cases endorses the Court's summary order in Alabama Association of Realtors
Quebec doesn't mandate vaccination; it taxes the unvaccinated!
Chief Justice Roberts could not be reached for comment.
The New Voting Rights Bill Creates The Independent Office of Democracy Advance and Innovation
To remove the director, the President must provide 30-days written notice to Congress.
Section 3 Lawsuit Filed Against Candidacy of Rep. Madison Cawthorn
This suit does not turn on the meaning of "officers of the United States" and "office . . . under the United States" in Section 3.
"An Introduction To Constitutional Law" Has 1,000 Review on Amazon
After more than two years in print, 100 Cases still garners new positive reviews.
The Heritage Foundation Is Hiring A Legal Policy Analyst
Attorneys with 1-3 years of experience should apply for this position in the Meese Center.
Who Decides About COVID Mandates?
Judge Sutton's important question lingered throughout the vaccine cases.
The Bigger Problem With The Hamilton Performance At the Capitol On January 6
"Dear Theodosia" is sung by Aaron Burr, who was an accused insurrectionist.
