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
About Two Hours After Bible Worship Group Seeks Emergency Injunction, California Relaxes Guidance for April 15--After Easter, of Course
This never-ending game of whac-a-mole-is a waste of time, and exhausting.
California Bible Worship Group Seeks Emergency Application from SCOTUS
"California—assisted by the Ninth Circuit ... has 'disregard[ed] the lessons from [this] Court' and 'turned a blind eye to discrimination against religious practice'—continues its rearguard action against the free (and safe) practice of religious faith."
The Top 12 Respondent Teams in The 2020 Harlan Institute-Ashbrook Virtual Supreme Court
The teams will compete in the first round on April 10 and 11.
The Top 12 Petitioner Teams in The 2020 Harlan Institute-Ashbrook Virtual Supreme Court
The teams will compete in the first round on April 10 and 11.
Justice Alito Pokes Justice Sotomayor Over Canons of Construction in Facebook v. Duguid
Justice Alito also asks for corpus linguistics research on canons of construction.
Justice Kavanaugh quietly rephrased the arbitrary-and-capricious standard in FCC v. Prometheus
Kavanaugh adopted the "zone of reasonableness" test he raised in his DHS v. Regents concurrence.
The Return of April Fools' LawProf Blog Posts
Is it safe to joke again?
Bob Jones Redux: The Question SG Verrilli Was Unwilling to Answer in Obergefell Now Needs to Be Answered
LGBTQ students sue Department of Education to require that federally-funded religious colleges "respect the sexual orientation, gender identity and gender expression of their students."
The Ninth Circuit Still Does Not Understand SCOTUS COVID-19 Free Exercise Clause Cases
Judge Bumatay's dissent accurately explains the caselaw. Next stop, SCOTUS.
Classes #19: Free Exercise of Religion V and Marital Property I
Masterpiece Cakeshop, Lady of Guadalupe & Sawada v. Endo
Will Law Schools Require Students to be Vaccinated?
I can see a world where in-person instruction is limited to vaccinated students, and those who refuse to be vaccinated will stay on Zoom.
WaPo: Biden will make 11 judicial nominations on Tuesday
Circuit nominees to CADC, CA7, and CAFC. District Court nominees to DNJ, DDC, DMD, DCO, and DNM. None of these nominations will have blue slip problems.
Classes #18: Free Exercise of Religion IV and Co-Ownership II
Trinity Lutheran and Espinoza & Delfino, Spiller, and Swartzbaugh
The Court Punts by Granting Cert in Cameron v. EMW Women's Surgical Center
SCOTUS potentially keeps this case in limbo till 2025.
Pennsylvania Voters Can Approve Constitutional Amendment To Limit Governor's Emergency Powers
"A disaster emergency declaration will expire automatically after 21 days, regardless of the severity of the emergency, unless the General Assembly takes action to extend the disaster emergency"
Judge James Ho on "The Importance of a Diverse Federal Judiciary"
"It would be profoundly offensive—and un-American—to tell the world that you’re restricting a judgeship to members of only one race."
An E-Mail from Georgetown Law Center Dean William Treanor
"Next Steps in Our Commitment to Racial Justice"
Asymmetrical Nationwide Injunctions
Progressive judges consistently issued nationwide injunctions against President Trump. Conservative judges are increasingly issuing limited injunctions against President Biden.
Is Art Made by an AI Robot Speech Protected by the First Amendment?
I raised this hypothetical in a 2014 essay.
Making Sense of Justice Kavanaugh's vote in Torres v. Madrid
Justice Kavanaugh joined the Chief, once again.
Waiting for the Other International Shoe to Drop
Justice Gorsuch and Thomas cast doubt on the canonical case, and seek to restore the original understanding of the 14th Amendment.
Did Justice Kagan place a "new gloss" on the Court's personal jurisdiction case law?
Justice Alito thinks so. Ditto Justices Gorsuch and Thomas.
What will the SG do in National Coalition for Men v. Selective Service System?
If the Biden Administration refuse to defend the constitutionality of the male-only selective service, Congress will not likely intervene.
There's no time like the present to take a Second Amendment case
Thirteen years after Heller, it's time for the Supreme Court to settle whether the Second Amendment applies outside the home.
Class #17: Free Exercise of Religion III and Co-Ownership I
Fulton v. City of Philadelphia and Riddle v. Harmon
What is going on with Dobbs v. Jackson Women's Health Organization? (Updated)
The case has been rescheduled and relisted many times.
Where is President Biden's Solicitor General Nominee already? And what about OLC?
Is there some strategic reason for the delay? Or still internecine conflicts over the selection?
Actual Property Law in Cedar Point Nursery v. Hassid
Fee Simple, easements in gross, runs with the land, bundle of sticks
Chief Justice Roberts issued his fourth statement respecting the denial of certiorari
And the Chief name-dropped "President Obama"
