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
President Biden Says The Quiet Part Out Loud About The Eviction Moratorium: "I Hope" The Litigation Takes "Longer" Than A "Month"
The Aloof Executive: I "contacted a number of constitutional scholars I've relied on for years, beyond my own team, and there was a split."
Oklahoma Asks Justice Barrett To Overrule McGirt
Will ACB cast the fifth vote to return Tulsa to Oklahoma?
Has The Word "Retcon" Entered The Legal Vernacular?
Buck retconned Jacobson. Casey retconned Roe.
WaPo Explains How Laurence Tribe Flipped the Biden Administration on the Eviction Moratorium
"Remus got behind the new strategy after consulting with Tribe and proved instrumental in the effort, working late Monday night to push the measure through."
Who Are The "Several Key Scholars" Who Support The New Eviction Moratorium? Apparently Laurence Tribe is one of them.
"I think the odds are greater this time around" the measure will prevail.
Presidential Maladministration in the Biden Administration
The President shirked all responsibility for the expanded eviction moratorium he acknowledges is likely unlawful.
That Time Governor Cuomo Told Me The NY Attorney General Does Not Work For Him
"In New York we have an independent Attorney General. She doesn't work for me."
What Happened to the Legality of the CDC Eviction Moratorium Between Saturday and Tuesday?
President Biden decided to call Justice Kavanaugh's bluff.
Henning Jacobson Agreed That Schools Could Mandate Vaccines
"The school is a part of the state's domestic economy, and the state may regulate it in its own discretion."
Does the Second Amendment Protect Non-Citizens?
Judge Menashi finds that Heller limited the Second Amendment to "citizens."
A Tale Of Two OLCs
The Biden OLC disagrees with the Trump OLC on the House's requests for Trump's tax returns.
DOJ Sues Texas Over Immigrant Travel Restrictions
"In seeking to restrict the federal government’s transportation of noncitizens in Texas, the executive order stands as an obstacle to the federal government’s enforcement of the immigration laws."
White House Walks Back Biden Statement that National Vaccine Mandate Is Under Consideration
"A national vaccine requirement is not under consideration at this time. That’s where we are with that."
AG Garland Threatens To Sue Texas Over Immigrant Travel Restrictions
"The United States intends to pursue all appropriate legal remedies to ensure that Texas does not interfere with the functions of the federal government."
Biden Asks DOJ For Opinion About Federal Vaccine Mandate
"It's still a question whether the federal government can mandate the whole country."
Biden Administration Will Not Extend Eviction Moratorium Because of Justice Kavanaugh
White House reinforces Justice Kavanaugh's cooperative approach to the Separation of Powers.
Readers Really Like Indexes
For now, at least, they serve a purpose.
Do you still use a book index?
They are costly and time-consuming to prepare, and take up valuable pages in a print version.
How I Approach Unpopular and Unconventional Legal Views
I try to follow my three guardrails.
Pennsylvania Supreme Court Adopts Revised Rule 8.4(g), Without Seeking Public Comment, Over Dissent
Justice Mundy in dissent: "The proposed amendments fail to cure the Rule's unconstitutional nature."
People Who Feel More Productive When Working At Home Are Not The Best Judges Of Their Own Productivity
Managers and employees are clashing about working from home.
Joan Biskupic's SCOTUS Analysis Lacks Any Inside Information From Leaks
On the plus side, Chief Justice Roberts won't have to resign.
Judge Quattlebaum Eulogizes His CivPro Professor In Erie Case
"Hopefully, [Professor Howard B. Stravitz] would have joined in the dissent."
Is Chief Justice Roberts the Supreme Court's "Property Guy"?
The Chief has written many of the Court's property cases over the past decade.
Launching the new JoshBlackman.com
All of my publications, media appearances, classes, and speaking events, indexed for perpetuity.
Can The Assigning Justice "Direct" That An Opinion Must Be Published Per Curiam?
I had long assumed that choice was based on a consensus of the majority.
Texas Bar Will Not Seek Rehearing En Banc, Or Supreme Court Review, For Ruling Against Mandatory Dues
"We look forward to getting back to the trial court to bring this litigation to a conclusion."
Can the Attorney General's Daughter Clerk on the Supreme Court?
This ethical question was avoided after Attorney General Garland's daughter postponed her clerkship with Justice Kagan.
Coming Soon: A Planned Ten-Part Series About The Offices and Officers of the Constitution
Seth Barrett Tillman and I have planned a ten-part series that will explain the original public meaning of twelve clauses of the Constitution that refer to six categories of offices and officers.
