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
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.
Today is the last Monday in June. Where are the opinions?
For the first time in at least a decade, there were no opinions on the last Monday in June.
Rudy's First Amendment Right to Lie to the Press
The Bar does not have authority to regulate all aspects of an attorney's speech.
Time-Traveling Students
Justices Gorsuch and Barrett disagree about the nature of extensions for students.
To Serve Ceviche
Justices Sotomayor and Gorsuch spar over the Peruvian delicacy.
The Remedies in Arthrex and Collins
In both cases, the Court made up a remedy that none of the parties requested. And Justices Gorsuch and Thomas are engaged in a deep and profound jurisprudential debate.
What's the point of Appointments Clauses challenges?
In every case, the Court refuses to grant any relief that would actually redress the Plaintiffs' injuries.
Collins, California, and Standing-through-Inseverability
Part III-A-1 of Justice Alito's Collins opinion quietly endorses standing-through-inseverability, and is inconsistent with Justice Breyer's majority opinion in California.
Justice Kavanaugh's Circuit Judge Name-Dropping
There are citations to Circuit Judges Barrett, Sutton, Katsas, and others, plus scholarly writings from Scalia and Roberts
When all the male Justices are in the majority and all the female justices are in dissent.
In at least four cases, Justices Ginsburg, Sotomayor, and Kagan were in dissent alone.
The Incomprehensibility of Mahanoy Area School District v. B.L.
Why would Chief Justice Roberts let Justice Breyer write such an incoherent opinion?
Cedar Point Nursery v. Hassid Quietly Rewrote Four Decades of Takings Clause Doctrine
For the first time, the 6-3 conservative majority powered a hard-right change in the law.
Recapping Wednesday's Cases, and Predicting the Remaining 8 Cases
Wednesday brought four constitutional law decisions. Several biggies remain.
Texas Law Deems Houses of Worship As "Essential" At All Times, Including During Disasters
State and local governments may not "prohibit a religious organization from engaging in religious and other related activities"
