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
Ruth Marcus Joins The Brett Kavanaugh Fan Fiction Club
Marcus, as well as Noah Feldman, hold Justice Kavanaugh in very low regard.
Dr. Braid Checked For Cardiac Activity Before Performing The Abortion
The Center for Reproductive Rights confirms that Braid knowingly violated the law.
SG Argues There Is No Middle Path in Dobbs
"Both of petitioners' alternatives would still require the Court reject the viability rule, which is 'the most central principle' of Roe and Casey.'"
Parsing The Second S.B. 8 Test Case
Felipe N. Gomez v. Dr. Alan Braid
Parsing The First S.B. 8 Test Case
Oscar Stilley v. Alan Braid, MD
New Article with Seth Barrett Tillman on the Emoluments Clauses Litigation
"The Unresolved Threshold Issues in the Emoluments Clauses Litigation: The President Has Three Bodies and There Is No Cause of Action for Ultra Vires Conduct"
Not you too, Lyle
Denniston: "In short, some more rigorous self-examination may be in order among the Justices of their own role in adding to the reputation of a Court that may have grown too political for its own good."
Chemerinsky: Republican Justices Are "Partisan Hacks"
He challenged Justice Barrett to "give a single instance where the conservative justices on the court took positions that were at odds with the views of the Republican Party."
A Taxonomy to Assess the Usefulness of Amicus Briefs
Measuring whether the arguments are unexpected, and whether the signatories are unexpected.
Dr. Alain Braid is the Estelle Griswold of Texas
He performed an abortion in Texas after six weeks to set up a test case.
Justice Clarence Thomas: 2021 Tocqueville Lecture, Transcribed
"I don't do a lot of hand wringing in my opinions and tell people 'Oh, I'm really sad.' That's not the role of a judge. I mean, you do your job and you go cry alone."
As We Creep Towards The Debt Ceiling, Will The Trillion Dollar Coin Return?
A constitutional throwback to 2013.
National Law Journal Provides More Background on Luttig's Second Amendment Brief
Judge Luttig, as well as Carter Phillips, were affected by gun violence.
Did Justice Barrett Say She Was "Concerned About Public Perception of [the] Supreme Court"?
I have yet to see any actual quotation that expressed this sentiment.
The Fact That X States Failed To Criminalize An Act in 1868 Does Not Mean That Committing The Act Is A Fundamental Right
An argument from Lawrence recurs in Dobbs.
What Would Have Happened In Heller If Bush Had Nominated Luttig and Wilkinson Instead of Roberts and Alito
Justice Scalia would have written one helluva dissent.
My Newsweek Op-Ed: "Biden's Vaccine Mandate Is Counterproductive and Likely Illegal"
"I have yet to find any historical precedent for such an invasive regulation of workers nationwide."
An NFIB Counterfactual: What if the Obamacare Individual Mandate Were Enforced By Employers?
We cannot simply presume that Congress can indirectly regulate private conduct through the direct regulation of workplace safety.
Get Ready For The OSHA Vaccine Mandate Circuit Court Lottery!
No, Chief Justice Roberts does not draw a number from a hat.
9/11/2001 in Staten Island, New York
My annual remembrance of September 11, 2011
Whole Woman's Health v. Jackson Casts Further Doubt on United States v. Texas
There are several elements of the panel's decision that cast doubt on DOJ's case.
The Political and Legal Stars Are Aligned For Challenges to the OSHA Vaccine Mandate
It feels like 2010, all over again.
The CMS Vaccine Mandate As Applied To State Employers
The new executive action will also implicate the spending power, and federalism.
Five Tentative Thoughts About The OSHA Employer Vaccine Mandate
There will be lots of litigation, and some judge, somewhere, will find the mandate unlawful.
Justice Breyer Continues To Confound About His Retirement
He implores Nina Totenberg, "I would like this interview to be about my book."
Ten Problems with United States v. Texas
This case really should be captioned United States v. United States.
The United States sues Texas Over S.B. 8
"The State of Texas includes all of its officers, employees, and agents, including private parties who would bring suit under S.B. 8."
The Institute for Free Speech's First Amendment Fellowship
Summer fellows are eligible to earn $10,000 in salary for their 10 weeks of employment.
WSJ: DOJ Will Sue Texas, As Soon As Thursday
It still isn't clear who DOJ would sue. Even if sovereign immunity is waived, there is no statewide injunction available.
SCOTUS Moves Capital Case From Shadow Docket to Rocket Docket
Instead of issuing summary order, Court grants cert, and orders oral argument in Ramirez v. Collier for "October or November 2021."
SCOTUS Will Hold In-Person Arguments, But Will Not Be Open to the Public
The Court will also provide a live audio feed from the Court.
