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
Justice Breyer Approaches His Retirement Like He Approaches His Judicial Decisions: With An Indeterminate, Multi-Factor Balancing Test
"There are a lot of blurred things there, and there are many considerations. They form a whole. I’ll make a decision."
Seven Levels of Fallout from the Eviction Moratorium Case
This shadow docket ruling, combined with Biden v. DHS, may be the most significant administrative law rulings of the Term.
Immigrants Remain in Mexico, But Tenants Vacate Their Apartments
The Biden Administration went 0-2 in 48 hours at the Supreme Court.
Dacafreude
A new word, coined from DHS v. Regents and Biden v. Trump
Flashback: My Impromptu Lecture on Citizens United from January 21, 2010
I had read the 183-page opinion that morning, and lectured about it in the afternoon.
Chief Justice Roberts's Long, Longer, and Longest Games
From Trump to Biden, from Citizens United to Dobbs, from Roe to Casey.
The Top Three Law Reviews Strongly Prefer Articles Under 25,000 Words. But Their Articles Consistently Exceed 25,000 Words.
Over the past decade, articles in YLJ, HLR, and SLS have averaged 37,582, 35,917, and 31,725 words, respectively.
Coming Soon To The Shadow Docket? Immigrants Remain in Mexico, But Tenants Vacate Your Apartment (Updated)
Two emergency applications filed on Friday afternoon. Which ones will be granted?
As Eviction Moratorium Case Returns to SCOTUS, Landlords Use Biden's Words Against Him
"Unless this Court vacates the stay—and does so promptly—Congress will know that it can legislate through pressure campaigns and sit-ins rather than bicameralism and presentment."
Revised, and Expanded Version of The Irrepressible Myth of Jacobson v. Massachusetts
I wrote an extended discussion of the significance of the $5 fine in 1905.
Federal Courts Treating Vaccinated and Unvaccinated Litigants Differently
In the 10th Circuit, vaccinated attorneys can argue in person. Unvaccinated attorneys must seek leave to appear via video.
DOJ Press Release: "Young soldiers admit to transporting undocumented citizens"
Some DOJ press person followed an expurgation policy, imprecisely.
Former WH Counsel: "I regularly spoke with outside lawyers, particularly law professors, about difficult legal issues."
"On certain issues, such as national security law, immigration, and constitutional law, I had different 'kitchen cabinets' that I consulted regularly."
Guest on the Trey Gowdy Podcast To Talk About Vaccine Mandates
We covered everything from school-mandates to society-mandates.
New Article: The Irrepressible Myth of Jacobson v. Massachusetts
"Over the course of a century, four prominent Justices established the irrepressible myth of Jacobson v. Massachusetts." Justice Holmes, Justice Brennan, Justice Blackmun, and Chief Justice Roberts.
The American Society for Legal History Will Have an In-Person Meeting, With Strict Conditions
Alas, the American Association of Law Schools will be virtual only.
My First In-Person Class in 519 Days
It's good to be back.
Making Sense of Chrysafis v. Marks
Who rules in favor of the Constitution, but then pulls his punches to avoid doing anything progressives will dislike?
Which Circuit Judges and Circuit Courts Feed The Most SCOTUS Clerks?
There is a three-way tie for first: Sutton, Pryor, and Kavanaugh
Can The Impeachment Process Disqualify Former-Governor Cuomo From Running For Re-Election?
Re-upping a post I wrote with Seth Barrett Tillman in March
Bloomberg: Acting SG Prelogar Is Being Vetted For SG
"The delay in announcing an SG nominee ... is likely the result of haggling between the DOJ and the White House"
After 6 Years of Litigation, Federal Court Permanently Enjoins ACA Abortion/Transgender Mandate
"Plaintiffs have shown success on the merits for its RFRA claim because the current Section 1557 regulatory scheme substantially burdens Christian Plaintiffs' religious exercise in clear violation of RFRA."
Goldsmith: "The Anatomy of a Screw Up: The Biden Eviction Moratorium Saga"
"It is hard to fathom how the experienced policy advisors and lawyers atop the Biden administration could have screwed up so badly."
Comparing CJ Roberts's South Bay "Superprecedent" and Justice Kavanaugh's Alabama Non-Precedent
Both opinions were the fifth vote to deny a stay. Only one of those opinions seems to have precedential value.
The Other Members of Biden's Constitutional Brain Trust Are Minow, Singer, and Dellinger
Pelosi to Biden: "Get better lawyers."
If The Supreme Court Rules Against The Eviction Moratorium, When Would Holdover Tenants Actually Be Evicted?
During normal times, it can take months to evict tenants. Now with a massive backlog, it could take years.
