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
A Deeper Dive On Justice Barrett's Concurrence in Does v. Mills
I think ACB is laying down a flag to instruction litigants how to obtain an emergency stay.
Justice Gorsuch Illustrates How Smith-post-Fulton Should Be Applied
The state cannot grant medical exemptions without also granting religious exemptions.
Justices Barrett and Kavanaugh Cut The Fuse On The Shadow Docket (Updated)
Justice Barrett rewrites the standard for granting emergency relief.
The Court Punts By Granting Cert on QP 1 in Arizona v. San Francisco
The Court will only decide if the states can intervene, but not decide if the public charge rule should be reimposed.
New Article in the Wake Forest Law Review: Corpus Linguistics and Heller
James Phillips and I grade the four linguistic claims made in the Heller case using corpus linguistics.
Reminder: Sign Up For Harlan Institute Virtual Supreme Court by November 1 to Request Virtual Mentoring Sessions
Teams of two HS students will write a brief and present oral arguments on NYS Rifle & Pistol Association v. Bruen
Ventura County: Jacobson, and not "Traditional Constitutional Review" Governs Second Amendment Claims
The Ninth Circuit heard oral argument in a challenge to COVID restrictions on firearms.
Public Records Requests Shines A Light on Justice Barrett's Speech at the McConnell Center
Barrett's chambers, PIO, and the McConnell Center went back-and-forth over press restrictions.
Making Sense of the S.B. 8 Rocket Docket
The Court seems to want to resolve the S.B. 8 procedural issue before Dobbs is even argued.
A Night To Remember With Justice Thomas
A star-studded celebration for Justice Thomas's 30th Anniversary on the Supreme Court.
Why Aren't Texas Abortion Providers Actively Resisting S.B. 8?
The intervenors argue that the abortion providers "fear" the Court will overrule Roe and Casey.
Chief Judge Pryor's Story Lecture: "Politics and the Rule of Law"
"Proposals like court-packing and living common goodism, based on the notion that judicial decisions should be driven by substantive outcomes, undermine rule of law."
Character and Fitness in the Trap House
One of the most disconcerting elements of the Yale fiasco was the threat to report the student to the bar.
Prosecutorial Discretion For The FAA Mask Mandate
Different flight crews enforce the federal airline mask mandate in very different ways.
An Unexpected NYT Op-Ed: "A Hard but Real Compromise Is Possible on Abortion"
Public support for Roe v. Wade is difficult to measure because people don't understand what Roe, and Casey actually held.
Five Thoughts on the Timing of U.S. v. Texas and WWH v. Texas
On Thursday, Texas must respond to the SG's Emergency Application and WWH's Petition for Cert Before Judgment.
In S.B. 8 Emergency Appeal, Solicitor General Offers New, Wrong Interpretation of Grupo Mexicano
The Acting SG conflates equitable jurisdiction with equitable remedies.
NYC Cancels Thomas Jefferson
A statue of the third president will likely be removed from City Hall.
SCOTUS GVRs Immigration Case In Light of Acting SG's Letter
Alas, we do not know the specifics because immigration filings are not posted to Court's public docket.
The Twelfth Rule of Court Packing Is "No"
Press: "Do you support term limits for the Supreme Court?" Biden: "No"
Rutgers University Cancels Justice Joseph Bradley
Bradley wrote the majority opinion in The Civil Rights Cases and an ignominious concurrence in Bradwell v. Illinois.
Justice Thomas's opinion in Little Sisters of the Poor Provides Another Path To Challenge The OSHA Vaccine Mandate
Plaintiffs should raise a "constitutional challenge to the breadth of the delegation."
Breaking: DOJ Will Appeal S.B. 8 Case to Supreme Court
There is a risk taking this case to the shadow docket.
Breaking: Fifth Circuit Panel Grants Stay Pending Appeal in U.S. v. Texas, Schedules Arguments In December For WWH Panel
Does DOJ now go to the shadow docket?
Katie Couric Took A Knee for RBG
Couric admits to editing 2016 interview to "protect" Justice Ginsburg. And the Supreme Court press office asked her edit the video.
The 3-3-3 Court Returns on the Second Tuesday in October
Justices Thomas, Alito, and Gorsuch dissent from denial of certiorari from Paul Clement's public-sector union case.
District Court: "Jacobson essentially applied rational basis review and found that the vaccine mandate was rational"
Of course, the word "rational" appears nowhere in Jacobson.
