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 Article in the Texas Review of Law & Politics: The "Essential" Second Amendment
An overview of the COVID-19 litigation concerning the Right to Keep and Bear Arms
Predicting the Remaining 12 Cases
And revisiting my (dreadful) predictions so far.
The 3-3-3 Court Returns in Arthrex v. U.S.
Justices Kavanaugh and Barrett joined the Chief who rewrote the statute to save its constitutionality.
The Circularity of Fulton
The law is reviewed with strict scrutiny because of the exemptions. And the state's interest is not compelling because of the exemptions.
What Happens After the Remand in California v. Texas?
The Supreme Court "remand[ed] the case with instructions to dismiss." But the District Court never ruled on the Plaintiffs' request for injunctive relief.
Why did SCOTUS decline to consider the federal government's theory of standing in California v. Texas?
Justice Breyer's citations do not add up.
What Would An Actual 6-3 Conservative Court Have Done This Past Term?
Fewer relists, more grants, and far more Kagan dissents.
California v. Texas Reaffirmed that the ACA Imposed a Mandate, and Did Not Create a Choice
"As originally enacted in 2010, the Patient Protection and Affordable Care Act required most Americans to obtain minimum essential health insurance coverage."
RWU Law Review Symposium, Sponsored by the Freedom from Religion Foundation Foundation, "Made No Attempt to Create a Balanced Symposium."
"We made no effort to seek out scholars who we thought would answer yes to the question our Symposium poses."
What Justice Barrett's First Two Concurrences Tell Us About Her Approach to the Free Exercise Clause and Originalism
In both South Bay II and Fulton, she wrote separately on the Free Exercise Clause.
We don't have a 6-3 Conservative Court. We have a 3-3-3 Court.
Thomas, Alito, and Gorsuch are on the right. Roberts, Kavanaugh, and Barrett are somewhere to the left of the right. And Breyer, Sotomayor, and Kagan will do anything to form a majority.
Was There a Double Flip in the November Sitting?
Did the assignments change in both Fulton and California?
Horror Stories from Stanford Diversity, Equity, and Inclusion Program
"By endorsing an anti-Semitic narrative that designates Jews collectively as 'oppressors,' responsible for systemic racism, while simultaneously denying Jewish ancestral identity, the DEI program fosters anti-Jewish sentiment and encourages hostility toward Jews."
Separation of Powers Dispute in South Dakota: Federal Judge Holds U.S. Marshal in Contempt For Refusing To Provide Vaccination Status
If DOJ won't prosecute DOJ employees, then the judge will appoint a special prosecutor.
SCOTUS Punts the Harvard Affirmative Action Case To The Acting SG
If the SG drags her feet, she can postpone oral arguments until the October 2022 term
When the attorney argues the wrong case, or when the professor teaches the wrong class.
It has happened to the best of us.
SCOTUS will decide 18 cases in the next two weeks (Updated)
Who will write the majority opinions?
In Terry, Justice Thomas pats down the Biden Administration. But Justice Sotomayor Frisks Justice Thomas.
The SG's changed position was unanimously rejected. But Justice Sotomayor refused to join CT's "unnecessary, incomplete, and sanitized history of the 100-to-1 ratio."
The 2020 Harlan Institute-Ashbrook Virtual Supreme Court Championship Round
Congratulations to the champions.
Justice Thomas Takes One For The Team in Borden v. U.S.
"This case forces us to choose between aggravating a past error and committing a new one. I must choose the former."
Update on Predicting SCOTUS Assignments for the November Sitting
Justice Kagan wrote Borden. The Chief likely has the Obamacare case, and Justice Alito likely has Fulton.
11th Circuit Divides About Whether Design of Palm Beach Mansion is Protected by the First Amendment
We "affirm on the First Amendment claim because there was no great likelihood that some sort of message would be understood by those who viewed Burns's new beachfront mansion"
Over the past year, the Supreme Court Public Information Office "Clipped Approximately 10,000 News Articles Related to the Court and the Justices, Roughly Half of Them Tweets"
I am horrified to think there are 5,000 tweets worth clipping for the Justices.
Law Professor Skipped Teaching Plessy v. Ferguson, Edited Dred Scott to Two Paragraphs
“I wasn’t comfortable giving [Taney's] words to my students because I was afraid it would hurt them and destroy the kind of community I want to foster in class.”
Biden v. Garland: When DOJ Takes Positions the President Disagrees With.
Biden and Garland are not on the same page about Puerto Rico, E. Jean Carroll, the Mueller Memo, and gag orders of the press.
Conversations with the Sixth Circuit: An Interview with Judge Danny Boggs
For once, the clerk interviews his judge!
Predicting SCOTUS Assignments for the November Sitting
Who will write Fulton and the Obamacare case?
ACLU Attorney who Argued Skokie Nazi Case: "Liberals are leaving the First Amendment behind."
The N.Y. Times published a detailed analysis about the ACLU"s "Identity Crisis."
