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
My First Flight in 493 Days
For the first time in forever, from IAH to EWR.
Stephen Carter Writes About The Oral History of Justice Thurgood Marshall
"If I'd known I was going to live so long, I would've never given up smoking and drinking."
Britney Spears's New Attorney Clerked For Justice Souter on the NH Supreme Court
Yet, for reasons unknown, he scrubbed that line from his firm biography.
Trump on SCOTUS in Wolff's "Landslide"
Trump "was now annoyed at all the people who had prevented him from appointing Giuliani to the Court."
A Modest Proposal: Livestream SCOTUS Oral Arguments With 7-Second Tape Delay To Account for Disruptions
If, and when there is an outburst, the Court can put the broadcast on hold until order is restored.
Trump at CPAC: "We're getting some unexpected rulings because the nine justices do not want to be packed"
As usual, Trump says the quiet part out loud.
"There were so many others I could have appointed, and everyone wanted me to"
Michael Wolff on President Trump and Justice Kavanaugh.
The Constitutional Analysis Behind President Biden's Firing of the SSA Commissioner
OLC Acting Head Dawn Johnsen: "The President need not heed the Commissioner's statutory tenure protection."
A Constitutional Crisis in Haiti: Two People Claim To Be The Prime Minister
The law has run out.
11th Circuit Panel Squabbles Over The Word "Alien"
"Further, if we were to substitute the term 'alien' for 'noncitizen' in reference to specific statutory provisions, we risk stating the law inaccurately."
Two Upcoming Events at Heritage: Scholars and Scribes and Holocaust and the 1st Amendment
Today at 1 ET and Tuesday at 11 ET
New Op-Ed: Conservative Justices Warn Kavanaugh and Barrett Lack 'Fortitude'
"Twice this term, Justices Clarence Thomas, Samuel Alito and Neil Gorsuch warned that Justices Brett Kavanaugh and Amy Coney Barrett lack backbone."
The Countdown Begins for Joan Biskupic's Leak Reports
Or will the absence of RBG limit her information?
Are there three, four, or five votes to overrule Kelo?
At least three Justices are prepared to "reconsider" Kelo.
Justice Gorsuch Sketches The Post-Fulton Roadmap in Amish Septic System GVR
1. Define the state interest with precision. 2. Consider exemptions given to other groups. 3. Demonstrate narrow tailoring with evidence.
Fifth Circuit Enjoins Texas Integrated Bar From Requiring Plaintiffs To Pay Dues
"In sum, the Bar is engaged in non-germane activities, so compelling the plaintiffs to join it violates their First Amendment rights."
After Seven Years of Litigation, Justices Kavanaugh and Barrett Let Arlene's Flowers Wilt
Justices Thomas, Alito, and Gorsuch put public pressure on Justices Kavanaugh and Barrett.
Elena's Greatest Hits
Her Brnovich dissent reads like a Jackie Mason skit.
Fulton and AFP Teach Us That Justices Barrett and Kavanaugh Do Not Like Strict Scrutiny
They prefer "nuance."
The Conservatives and Liberals Swap Places on Privacy
Privacy For Me, But Not For Thee.
Structure, Text, and History in PennEast Pipeline v. New Jersey
Justice Barrett bests the Chief on sovereign immunity and eminent domain.
The Most Fascinating ConLaw Decision of the Term: PennEast Pipeline v. New Jersey
The non-curious/curious caucus divide.
Virginia Senators Recommend Three People For Fourth Circuit. President Biden Picks The White Guy.
The Senators recommended a black woman (60), a white woman (58), and a white man (45).
Update from South Dakota: Judge Kornmann Appoints Special Prosecutor To Try U.S. Marshals For Contempt
The brewing separation of powers conflict continues.
Justice Kavanaugh Grants Holdover Tenants A One-Month Reprieve From The Law
This may be the most Kavanaugh concurrence I have ever read.
In March, the Solicitor General Began To Use "Noncitizen" Instead of "Alien"
The Acting SG relies on Justice Kavanaugh's footnote in Barton v. Barr (2020)
Professor Kagan v. Professor Barrett, Round 1 of N
Barrett prevails in Minerva Surgical, Inc v. Hologic.
The 3-3-3 Court GVRs George-Floyd-like Case After Chauvin Sentencing
Justices Alito, Thomas, and Gorsuch dissent charge that the majority is "unwilling . . . [to] bear[] the criticism that would inevitably elicit" from denying cert.
Noteworthy cert denials on today's orders list
SCOTUS turns away more original jurisdiction cases, declines case to overrule Smith, and rejects latest Grimm appeal.
