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
Subscribe to David Lat's "Original Jurisdiction" Substack
Relive the glory days of Above the Law excellence for only $50/year.
Justice Thomas still wants to overrule the Feres Doctrine. Justices Gorsuch, Kavanaugh, and Barrett apparently do not.
Wiping out a Justice Jackson opinion may be too much to bear.
SCOTUS Appoints Gail A. Curly as Marshal of the Court
Curly will replace Marshal Pamela Talkin.
SCOTUS Denies Cert in Maryland Shall Issue v. Hogan
This case brought a takings challenge to Maryland's prohibition on bump stocks
A Refreshingly Boring First 100 Days
From a legal perspective, the last three months have been pleasantly predictable.
The 2020 Harlan Institute-Ashbrook Virtual Supreme Court Elite 8 Round
The top 8 teams argued Torres v. Madrid.
New Article: What Happens if the Biden Administration Prosecutes and Convicts Donald Trump of Violating 18 U.S.C. § 2383?
Seth Barrett Tillman and I published in the Illinois Law Review's Symposium on President Biden's First 100 Days
Making More Sense of the Limited Cert Grant in NYS Rifle & Pistol Association v. Corlett
Perhaps the Court can consolidate the New York Case with Young v. Hawaii
The Supreme Court's Libertarian Wing Squares The Corner
Justices Gorsuch, Thomas, and Barrett won't "endow the Executive Branch with maximum bureaucratic flexibility."
Leaving the COVID Bubble and Re-Entering Civil Society
How do we emerge from a self-imposed state of exile?
SCOTUS GVRs South Bay III in light of Tandon v. Newsom
There is (I think) only one more COVID-19 case on the docket.
Can California and Texas now resolve their disputes "by self-help measures"?
We all know who would win that conflict.
SCOTUS Denies Cert in Richard Epstein v. Barack Obama
No, that is not the real name of the case, but you get the idea.
Making Sense of the Limited Cert Grant in NYS Rifle & Pistol Association v. Corlett
Why did the Court rewrite the question presented in this Second Amendment case?
Another Spin of the Stare Decisis Broken Record
And Justice Sotomayor invites sentencers to "continue applying" Montgomery and Miller "faithfully," even if the majority did not.
Conservative Justices Do Not Need To Apologize For Making Socially-Conservative Rulings
I'm looking at you Justice Kavanaugh.
Why did Montgomery v. Louisiana even reference "a finding of fact regarding a child's incorrigibility"?
I think a Kagan time bomb from 2012 fizzled after Justice Kennedy retired.
The Range of Options for California v. Texas
But if history is any guide, Obamacare cases usually throw us for a loop.
Class #26: Landlord-Tenant Relationship II
Village Commons, LLC v. Marion County Prosecutor's Office
A Testimonial for Kurt Lash's "The Reconstruction Amendments"
I was able to find a source in five minutes that would have been impossible to search for in the past.
Closing Thoughts on Book Deals for Justices
Going forward, the Justices should agree to caps on book royalties and advances.
The "Essential" Free Exercise Clause, Forthcoming in the Harvard Journal of Law & Public Policy
My article from October 2020 on the COVID-19 cases ballooned, and was trifurcated into three separate articles.
Classes #25: Second Amendment III and Landlord-Tenant Relationship I
NYS Rifle and Pistol and Rogers v. Grewal
Another Justice signs a book deal shortly after being confirmed
I am skeptical about a Justice who writes a book before writing a significant majority opinion.
Heller's Sad Bar Mitzvah
The Supreme Court denies cert on three Second Amendment cases, and refuses to grant the New York carry case.
Classes #24: Second Amendment II and Leaseholds II
Ezell v. City of Chicago and Kanter v. Barr
