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
What Do "Many" of the 140+ Law Professors Think About the First Amendment and Impeachment?
This letter is not unanimous. Indeed, the signatories are quite fractured about impeachment, the First Amendment, and Brandenburg
SCOTUS Decides South Bay v. Newsom II, Enjoins Complete Prohibition on Indoor Worship Services
The Court is badly fractured, as Justice Barrett writes her first separate writing.
Classes #6: Does the First Amendment protect tortious speech? and The Bundle of Sticks
NYT v. Sullivan, Snyder v. Phelps, Jacques v. Steenberg Homes, and State v. Shack
There is a risk for the Biden Administration to withdraw the Trump Administration's Obamacare Brief
If the case is dismissed on standing grounds, a future litigant in the Fifth Circuit could challenge the ACA as a defense to federal enforcement
Presidential Shackling
When the outgoing administration tries to bind the incoming administration.
When the Solicitor General Changes His Position "Upon Further Reflection"
My 2018 article, Presidential Maladministration, tracked instances when the SG reversed positions.
Classes #5: Does Money Equal Speech and Property in Yourself
Buckley, McConnell, Citizens United and Moore v. Board of Regnets
South Bay and Harvest Rock Are Now Fully Briefed Before the Supreme Court
California did not argue the controversies were moot. Now the case is ripe for resolution.
CDC Issues Mask Mandate For Persons "While on Conveyances and at Transportation Hubs"
Good luck to the parents of two-year-olds, who now have to wear a mask on all flights.
More Judges Take Senior Status In The Week After Inauguration
We are seeing more evidence of strategic timing.
Classes #4: "When is Conduct Speech?" and "Capture Rule and Acquisition by Creation"
O'Brien, Texas v. Johnson, R.A.V. v. St. Paul, INS v. AP
South Bay Returns to the Supreme Court
The church will have to deal with California's revised stay-at-home order.
Democratic-Appointed Judges Begin to Take Senior Status
The letters to the President began on January 20, 2021.
The Ninth Rule of Court Packing Is Appoint A "Court Reform" Commission One Week After The Inauguration
It's been nearly three months months since my last Court Packing post.
SDTX Enjoins Biden Administration's 100-Day Moratorium on Deportations Based on DACA Decision
Texas v. United State comes full circle.
High School Students Can Now Apply for the Ashbrook Academy on the Supreme Court and the Constitution
The Program will run in July at Ashland University
Is SCOTUS Done with Emergency COVID-19 Free Exercise Litigation? (Updated)
The Ninth Circuit ruled against South Bay and Harvest Rock. SCOTUS denied cert in Calvary Chapel. And California lifted the regional moratorium on indoor worship.
Classes #3: Unprotected Speech and Law and Judges
Chaplinsky, Brandenburg, Pierson, Speluncean Explorers
End of the Road for the Emoluments Clauses litigation
After four years of litigation, the Supreme Court GVR'd appeals from the 2nd and 4th Circuits "with instructions to dismiss the case as moot."
Texas Strikes First, Seeks To Block Biden Administration's 100 Day Moratorium on Deportations (Updated)
On January 8, DHS and Texas signed agreement that put limits on changes to immigration policy.
Biden Executive Order Mandates Mask Wearing on Domestic and International Travel
Planes, trains, and busses, but not private modes of conveyance.
Reminder: The 2020 Harlan Institute-Ashbrook Virtual Supreme Court
Deadline: February 22, 2020
Classes #2: Punishing Sedition & Efficiency and Fairness
Schenck, Debs, Abrams, Gitlow, Stromberg; Ghen, Keeble, Popov
Biden Administration Still Looking for SG, Justice Kruger Twice Declined The Job
Will Sri Srinivasan fall into the Ken Starr SG Trap?
