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
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.
Chief Judge William Pryor delivers the 14th Joseph Story Distinguished Lecture
Judge Pryor explains that Common Good Originalism should be called Living Common Goodism
For S.B. 8, AG Garland Reversed DOJ's Longstanding Position About Equitable Causes of Action
In June 2021, the Garland DOJ agreed with the proper reading of Grupo Mexicano. But that position changed for S.B. 8.
What is the S.B. 8 Status Quo?
The Fifth Circuit can look to the same-sex marriage litigation for guidance.
Breaking: Motions Panel Grants Temporary Administrative Stay of S.B. 8 Ruling
United States directed to file response by Tuesday
Texas Files Emergency Motion For Stay In S.B. 8 Case
"This Court’s immediate intervention is necessary to vindicate Texas’s sovereign interest in preventing a single federal district court from superintending every Texas court."
28 Days Later, The Biden Administration Still Has Not Released An OSHA Employer Vaccine Mandate
Biden's announcement has a strong ad terrorem effect: the government can get its way without actually doing anything.
The Most-Straightforward Path To Stay The S.B. 8 Injunction: There Is No Equitable Cause of Action
The Fifth Circuit should grant the stay based on the District Court's Ninosplaining of Grupo Mexicano
The Mayflower Subcompact
The full service hotel no longer has full services.
Dr. Braid Sues S.B. 8 Plaintiffs as Interpleader Defendants in Illinois Federal Court
Who had statutory interpleader on their S.B. 8 bingo card?
Making Sense of the Relists in Arlene's Flowers, Dignity Health, and Roman Catholic Diocese of Albany
These three religious liberty cases may simmer in shadow docket purgatory for a while.
The Trillion Dollar Platinum Coin Can Be Minted "Within Hours"
Struck at the West Point mint, transported by helicopter to the New York Federal Reserve bank.
Five Tips to Prepare for Oral Argument
From the students of the Harlan Institute-Ashbrook Virtual Supreme Court
The "Reagan Revolution" and OT 2021
An "Off the Rails" Op-Ed from Donald Ayer.
So Far, the Supreme Court's Hybrid Oral Argument Format Is Working Well
And Justice Thomas asked the first question of the plaintiff and defendant.
The 10th Annual Harlan Institute-Ashbrook Virtual Supreme Court
Teams of two HS students will write a brief and present oral arguments on NYS Rifle & Pistol Association v. Bruen
Oyez! Oyez! Oyez! The October Term 2021 of FantasySCOTUS is now in session
Predict all of the biggest cases at the Supreme Court
After Three Years Of Litigation, Fulton Draws To A Close
"The Parties waive a hearing and findings of fact and conclusion of law on all issues unaddressed by the United States Supreme Court’s decision."
Judge Stras: "What My Grandparents' Experiences in the Holocaust Taught Me About the First Amendment"
Forthcoming in the NYU Journal of Law & Liberty
The Biden Administration Considered And Rejected the Trillion Dollar Platinum Coin
The White House also rejected the Section 4 option, for now at least.
Who Will Argue in Favor of the Free Exercise Clause in Ramirez v. Collier?
Michael McConnell and the Becket Fund filed a motion to present oral arguments before the Supreme Court.
Judge David Stras Was Protested At Duke Law School
A student interrupted Judge Stras in the middle of his presentation about his grandparents' experience in the Holocaust.
Supreme Court Denies Leave To File Amicus Brief in Hemphill v. New York
The government opposed the brief, which was filed by Hemphill's prosecutor.
Making Sense of Justice Sotomayor's Comments on S.B. 8
Did she cross the line?
Voters in Switzerland Approve Same-Sex Marriage, Voters in San Marino Approve First-Trimester Abortions
Change occurred through the democratic process, and not the judicial process.
Noah Feldman Indulges in Gorsuch and Barrett Fan Fiction
Feldman imagines some hypothetical battle between Gorsuch's consistency and Barrett's doctrine.
A Booster Shoot For Presidential Administration
President Biden assures people booster shots will be widely available. And his CDC director overrules her agency's narrow recommendations.
