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
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
Congratulations to Steve Sachs, the inaugural Antonin Scalia Professor of Law at Harvard Law School
"Stephen E. Sachs, a leading scholar of civil procedure and constitutional law, will join the faculty of Harvard Law School as the inaugural Antonin Scalia Professor of Law, effective July 1."
The Reconstruction Amendments: The Essential Documents, Volumes 1 and 2 by Kurt Lash
Now available in Print and on Kindle
The solution for weak wireless signals upstairs: A USB WiFi adaptor with a 6-inch antenna
This device has worked much better than mesh networks and repeaters.
Originalism in the Lower Courts in Sixth Circuit Abortion Case
In this case of first impression, Judge Bush turns to the original meaning of the Fourteenth Amendment
Revisiting Governor Cuomo's Hostility Towards Orthodox Jews In Light of His "Fucking Tree Houses" Comment
Cuomo has no problem with progressive secular Jews. Orthodox Jews are "these people."
Classes #23: Second Amendment I and Leaseholds I
DC v. Heller
Breaking: California Lifts All "Location and Capacity Limits on Places of Worship"
"In response to recent judicial rulings, effective immediately, location and capacity limits on places of worship are not mandatory but are strongly recommended."
The 2020 Harlan Institute-Ashbrook Virtual Supreme Court Semifinal Rounds
The top 24 teams argued Torres v. Madrid.
A Brief History of Initial En Banc in the Sixth Circuit
Two decade apart, Judge Moore has been on both sides of the issue.
Breaking: SCOTUS Grants Injunction in Tandon v. Newsom
"The Ninth Circuit’s failure to grant an injunction pending appeal was erroneous."
A Closer Who Look At Who Made The Cut For the SCOTUS Commission, and Who Didn't
Biden mostly limited membership to constitutional law professors who are in the SCOTUS club.
Originalism in the Lower Courts: Judge Ho's dissental in Texas v. Rettig
"As judges, we have sworn an oath to uphold the Constitution. So if we are forced to choose between upholding the Constitution and extending precedent in direct conflict with the Constitution, the choice should be clear."
The Briefing is Complete in Tandon v. Newsom
The Supreme Court can rule any time before April 15. After that date, the regulations will be substantially modified.
Class #22: Establishment Clause III
Town of Greece and American Legion
The Tenth Rule of Court Packing Is Play Your Base By Appointing A Well-Balanced Commission With No Actual Mandate
Shortly after Justice Breyer signals he may stick around, and progressive groups demand a new Justice, President Biden appoints reasonable people to the Supreme Court Commission.
More Speculation about the Cert Denial in Small v. Memphis Light, Gas & Water
Did Thomas (and Barrett) decline to dissent because of vehicle problems?
