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
The Prohibition on Carrying on the Sabbath Makes it Virtually Impossible for Jewish People to Worship Outside
California's policy shows a lack of awareness about how Jewish people pray.
Ninth Circuit Denies Injunction in South Bay. Next Stop SCOTUS.
Will Santa Kagan deliver coal in South Bay's stockings?
Cancelling Chief Justice White
New Orleans Supreme Court removes statue of first Louisianan on U.S. Supreme Court.
How The Briefing Schedule Stole Christmas!
It takes weeks, not days, and certainly not hours, to review California's complete prohibition on indoor worship.
President Trump Pardons, Rickey Kanter. Last Year, Judge Barrett Found That Kanter Did Not Lose His Second Amendment Rights.
A connection between ACB's dissent and Trump's pardon?
Cancelling Portraits of White Judges in Fairfax County Courtroom
"The Court is concerned the portraits may serve as unintended but implicit symbols that suggest the courtroom may be a place historically administered by whites for whites, and that thus others are of a lesser standing in the dispensing of justice."
Federal Judge in California Flouts Catholic Diocese, Dares SCOTUS to Reverse Him
District Court: California's complete prohibition on all indoor worship is permissible because the state permits worship outdoors.
Will Academic Travel Ever Go Back To "Normal"?
Will Universities be willing to fund travel? Will professors even want to travel?
Google Chrome Now Blocks Insecure Downloads from Secure Websites. Many Court Website are Insecure.
Chrome now blocks download links on How Appealing from insecure court sites.
The Order of Succession at the Department of Justice
Barr will step down tomorrow. Rosen will be Acting Attorney General. Who is next in line?
Is there Criminal Liability For Airline Passengers Who Knowingly Conceal COVID-19 Symptoms?
"EMT Who Gave CPR to Man Possibly Infected With COVID-19 on Flight Says He Has Virus Symptoms"
My two primary principles when writing: Use as few words as necessary, and sequence sentences in the correct order
Every word should serve a purpose, and that word should be in the right place.
Four Types of Supreme Court Punts
(1) Run out the clock, (2) improve field position, (3) special team forces a turnover, and (4) the fake punt.
EU Court of Justice Upholds Restriction on Kosher and Halal Slaughter
Would this rule be valid under Employment Division v. Smith?
The Opinions Clause Makes A Rare Appearance in Trump v. New York
The majority suggested that preventing the Secretary of Commerce from informing the President about census data could "implicate" the Opinions Clause
Making Sense of Danville Christian Academy v. Beshear
I suspect the Court punted this Kentucky COVID case to avoid jumping the gun on Fulton.
Chief Justice Roberts has fallen into a "truly bottomless pit from which there is simply no extracting [himself]."
Roberts's self-professed humility depends on everyone being too dumb to see what he is really doing.
More Judges Talk to the Press About Timing of Taking Senior Status
At least one Clinton appointee is waiting to see the Senate breakdown before stepping down.
Can Private Employers Mandate COVID Vaccines?
The scope of religious exemptions, based on TWA v. Hardison, may be in flux.
Trump Can't Live Full-Time at Mar-A-Lago Because of 1993 Covenant
Or, Trump covenanted that Orangeacre shall not be used for residential purposes.
Gaming out FDA v. American College of Obstetricians and Gynecologists, Part II
The 8-member Supreme Court gave the federal District Court once last chance. Will the Chief finally find a stay is warranted? Or will the Court grant cert before judgment, knowing the Biden administration will moot the case?
Ninth Circuit Rules for Calvary Chapel, Calls Diocese Case "Seismic Shift in Free Exercise Law" (Updated)
The panel instructed the district court to "preliminarily enjoin the State from imposing attendance limitations on in-person services in houses of worship that are less favorable than 25% of the fire-code capacity."
SCOTUS GVRs COVID Cases from Colorado and New Jersey
The Kagan-three dissents on the former, not on the latter. The Chief is silent.
What Is The Remedy For A "Substantial Departure" From Election Law?
A federal judge in Wisconsin found that there was "not a significant or material departure from legislative direction." But what if there was such a departure?
Making Sense of Texas v. Pennsylvania
President Trump doesn't like standing doctrine, and thinks that Justice Alito and Thomas ruled for him.
Can the Supreme Court Unite to "Decimate" Texas' Original Jurisdiction Case?
Could the Chief bring everyone together for a single merits ruling in a short time?
Potential Constitutional Hardball in a Republican-Controlled Senate
President Biden could adjourn Congress to make recess appointments. Or Vice President Harris could simply refuse to recognize Senator McConnell as majority leader
Harvest Rock Files Renewed Emergency Application for Injunction with Supreme Court in light of California's New Restrictions
The District Court refused to even schedule a timely hearing. Now the parties have gone back to SCOTUS.
Proposed Bill in New York Legislature Would Mandate COVID-19 Vaccinations
There is no option to pay a fine rather than receiving the vaccination.
Judge Kenney Provides Roadmap to Stop ABA Model Rule 8.4(g)
The ABA, and defenders of the rule, now have to contend with a reasoned decision that faithfully applies Supreme Court precedents.
Why rewrite Brown, Roe, and Obergefell?
Three of the most important Supreme Court decisions apparently needed reboots.