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
SCOTUS Enjoins Santa Clara County Prohibition on Indoor Worship
"This outcome is clearly dictated by this Court’s decision in South Bay United Pentecostal Church v. Newsom."
After a year of pandemic, state legislatures look to strip Governors of emergency powers
I see three ways to limit emergency powers ex ante.
Breaking: Federal Court Declares Unconstitutional CDC Eviction Moratorium
"The federal government’s Article I power to regulate interstate commerce and enact laws necessary and proper to that end does not include the power to impose the challenged eviction moratorium."
A New SCOTUS Workflow: Opinions during the Recess and on Non-Argument Days in February
The ability to hand down opinions virtually has given the Court more flexibility.
Classes #10: Obscenity II and Estates II
Miller v. California and Ashcroft v. Free Speech Coalition
Testifying before Senate Judiciary Committee Hearing on Nomination of Merrick Garland to be Attorney General
I support Judge Garland's swift confirmation, but will flag three DOJ policies he should maintain.
SCOTUS Clears Pending Trump Cases Off The Docket
Court grants cases that will become moot, denies review in host of election cases, denies stay in tax-return cases, and slaps down Stormy Daniels's anti-SLAPP suit.
Classes #9 - Time Place & Manner Regulations and Estates I: Fee Simple
Ward v. Rock Against Racism and Stanley v. George & Fee Simple, Life Estate, and Remainders
A Helpful Guide For Cynical Northerners To Understand Cold Weather In the South
Maintaining preparedness for cold weather is expensive. Southern states, generally, can reasonably avoid those costs.
Judge Droney Explains Politics "Plays Some Role" In Senior Status Decision
The former Second Circuit Obama appointee, who retired during the Trump Presidency, said he "had some role in the appointment of [his] successor."
Michael Gruen Played An Important Role in Three Prominent Property Cases
Penn Central, Loretto v. Teleprompter Manhattan CATV Corporation, and Gruen v. Gruen
The D.C. Circuit Will Tilt Even Further To The Left
Judge Tatel has announced that he will take senior status.
Donald Trump's Other Removal Proceeding in Palm Beach
The Palm Beach Attorney Suggested That Donald Trump Can Live at Mar-a-Lago as a Club Employee
Classes #8: Freedom of the Press II & Acquisition by Gift
Red Lion v. FCC, Miami Herald v. Tornillo & Newman v. Bost, Gruen v. Gruen
Breaking: Deputy Solicitor General Kneedler Withdraws SG's Brief in ACA Case
The government argues that Section 5000A(a) is constitutional, and in the alternative, Section 5000A(a) can be severed from the rest of the ACA
The UVA 2021 Originalist Symposium
The UVA Federalist Society Chapter has put together a stellar lineup
Texas Lawyer Attends Zoom Hearing With Cat Filter
"I’m prepared to go forward with it. . . . I’m here live. I’m not a cat.”
Testifying before House Judiciary Committee on the Pardon Power
"Constitutional Means to Prevent Abuse of the Clemency Power."
Classes #7: Freedom of the Press I and Acquisition by Find
Branzburg v. Hayes and Cohen v. Cowles Media Co & Armory v. Delamirie, Hannah v. Peel, and McAvoy v. Medina
My work was cited by President Trump's attorneys
Both posts were written long before Impeachment 2.0
Litigator Openings at the Institute for Free Speech
The Institute will consider strong candidates living and working virtually from anywhere in the country.
