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
SCOTUS Jabs OSHA Vaccine Cases on the Rocket-Docket
Challenges to the federal mandates will be heard on Friday, January 7.
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.
Biden OLC Reverses Trump OLC Opinion On BOP Home Confinement
Under "intense pressure," Attorney General Garland asks OLC to reconsider its views.
The Institute for Free Speech is Hiring
The group is looking for a Senior Attorney, First Amendment fellow, winter interns, and a 2022 summer associate legal fellowship.
Breaking: 6th Circuit Dissolves 5th Circuit Stay in OSHA Mandate Case
Divided panel (Stranch and Gibbons) rules for Biden Administration; Judge Larsen dissents.
Why Did Only Justice Gorsuch Sign The Remand Order in WWH v. Jackson?
Gorsuch is not the Circuit Justice for the 5th Circuit. The process is unclear.
Judge Bush: The OSHA Mandate Is A Pretextual Regulation of Non-Commercial Activity
"If Congress cannot solve a perceived commercial problem with a 'mandatory purchase,' then how can it possess the authority, much less delegate it, to solve a perceived commercial problem by mandating that Americans engage in a non-commercial activity."
Akhil Amar Dismantles The Flawed Dissents in WWH v. Jackson
Amar explains how Roberts and Sotomayor messed up Marbury.
Sixth Circuit Splits 8-8 on Initial En Banc in OSHA Vaccine Cases
The three judges who did not sign an opinion may be on the three-judge panel: Gibbons, Griffith, and Stranch
Whole Woman's Health and Texas Fight Over Issuance Of The Judgment
Texas wants to remand to the Fifth Circuit, which can certify the statutory interpretation question on which Justices Gorsuch and Thomas divided.
Fifth Circuit Denies Injunction Pending Appeal in Vaccine Mandate Case
Judge Ho dissents: "It is difficult to imagine how a crisis of conscience, whether instigated by government or industry, could be remedied by an award of monetary damages."
What Did Governor Hochul Say About Religion!?
The statements in this COVID vaccine case are far more hostile to religion than the statements from Masterpiece Cakeshop
New Article in NYUJLL: Is the President an "Officer of the United States" for Purposes of Section 3 of the Fourteenth Amendment?
Seth Barrett Tillman and I discuss whether President Trump can be disqualified from a second term pursuant to Section 3.
Justice Sotomayor Gets Judicial "Courage" Backwards
Judicial courage is defined by casting a vote "under fire," knowing that it will be unpopular.
Justice Sotomayor's Flawed History To Promote The Myth of Judicial Supremacy
She still does not understand who decides.
John Roberts, The Judicial Supremacist
The Chief sips at the trough of Cooper v. Aaron.
The Mechanics of Whole Woman's Health v. Jackson on Remand
The Court's decision provides a very narrow path for relief that probably won't allow the clinics to reopen.
The Printing Speed of SCOTUS
Whole Woman's Health v. Jackson incorporated a Texas state court decision from Thursday afternoon.
Video: "Fighting Antisemitism by Protecting Religious Liberty"
A discussion at the Heritage Foundation.
President Biden's Choice To Decline Executive Privilege Before Trump v. Thompson
President Biden's decision to permit the congressional investigation of the 2020 election's aftermath will invariably affect the 2024 election.
Architecture and the First Amendment Before the Supreme Court
Eleventh Circuit found that architectural design would not be understood as protected speech.
SG Files Brief in Harvard Affirmative Action Case, Teeing The Case For Review This Term
Guns, Abortion, and Affirmative Action in a single year. Why not?
Law Students: Apply for the Fund for American Studies Legal Fellowships
The deadline is 2/25/21
Originalism and Textualism in the Lower Courts: Judge Ho's Concurrence in Homeland Insurance Co.
"When faced with a conflict between text and precedent, we should maximize the former—and minimize the latter."
Alicea: "Dobbs and the Fate of the Conservative Legal Movement"
"The Supreme Court’s ruling in the abortion case, expected next June, will be a defining moment in the Right’s battle for the Constitution."
Tennessee Court Holds That Black Defendant Did Not Receive A Fair Trial Because Jury Deliberated In Room With Confederate Flag and Portrait of Jefferson Davis
The court did not decide if all jury verdicts from that court are now subject to review.
A Return To Normalcy at 36,000 Feet
United brings back pre-departure drinks, glassware, and ceramic plates.
Plumber Finds $600,000 Buried In Bathroom Wall At Lakewood Church
Could the plumber have claimed "finders keepers"?
