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 Fifth Rule of Court Packing Depends How Republicans Handle it.
Biden: "It depends on how they handle this."
Judge Barrett: "For me to say, I am not willing to undertake it even though I think this is something important, would be a little cowardly and I would not be answering a call to serve my country."
"If we are to protect our institutions, and protect the freedoms, and protect the rule of law that is the basis for society and the freedom we all enjoy, if we want that for our children and our children's children, then we need to participate in that work."
Judge Barrett is asked about the Emoluments Clause litigation
Remember Emoluments?
Judge Barrett on the Lochner Era and the "Switch in Time"
Senator Hawley asks ACB about OWH's dissent.
Judge Barrett Refuses To Accept the Mythicized Account of Brown
You can't talk about the Court's strength in Brown, without acknowledge its impotence in Cooper.
Classes #16: The Scope of the 14th Amendment I – The Privileges or Immunities Clause, andCovenants II
Slaughter-House Cases, Bradwell v. Illinois, and U.S. v. Cruikshank
Emails from Jewish Residents in New York City's Redlined Neighborhoods
"Who could possibly fathom that this would be America in 2020?"
Judge Barrett: "What sane person would go through [the Confirmation Process] if there was not a benefit on the other side?"
"Why should I say someone else should do the difficulty if the difficulty is the only reason to say no."
The Fourth Rule of Court Packing Is Accuse Republicans of Court Packing
Biden: "The only court packing is going on right now -- it's going on with Republicans packing the court now. It's not constitutional."
Which is it? 1619 or 1776?
Bret Stephens, in what may be his last NYT column, tracks the foundational rewriting of the 1619 Project.
CDC Wanted to Require Mask-Wearing on "Airplanes, Trains, Buses and Subways, and in Transit Hubs such as Airports, Train Stations and Bus Depots"
But White House blocked the proposal to regulate the channels and instrumentalities of interstate commerce.
Making Sense of FDA v. American College of Obstetricians and Gynecologists
Eight months into the COVID-19 pandemic, the Supreme Court finally manages to punt on an abortion case.
The Third Rule of Court Packing Is You Only Talk About Court Packing After The Election
Uncle Joe forgets the first two rules of Court Packing: "You’ll Know My Opinion On Court Packing When The Election’s Over”
Understanding Governor Cuomo's Hostility Towards Jews
His press conference played on old, deeply-rooted, and painful anti-Semitic tropes.
New Article: What Rights are "Essential"? The 1st, 2nd, and 14th Amendments in the Time of Pandemic
The most thorough account of the first six months of COVID-19 litigation.
The Supreme Court Still Has Not Appointed A New Circuit Justice For the Second Circuit
The Court selected a replacement for the Fifth Circuit twelve days after Justice Scalia died.
New York Governor Cuomo Announces Jewish Redlining Policy (Updated)
Rather than imposing restrictions on high-density zip codes, New York will draw red lines (literally) around "clusters" in Orthodox Jewish neighborhoods.
New York Governor Cuomo: "I'm going to say to the orthodox community tomorrow if you don't agree then we will have to close down your religious institutions."
"I say [to a health officer] you're going to be stationed in front of Saint Peter's Church. The capacity is 150. You stand at the front door. When they go over you close the door and call me and if you have any problem this state police officer is down the block and he'll come help you."
Oyez! Oyez! Oyez! The October Term 2020 of FantasySCOTUS is now in session
Predict all of the biggest cases at the Supreme Court
The 2020 Harlan Institute-Ashbrook Virtual Supreme Court
The Harlan Institute and Ashbrook announce the Eighth Annual Virtual Supreme Court Competition.
Do Professors Akhil and Vikram Amar Still Think the Presidential Succession Act is Unconstitutional?
I hope the Amars can answer a simple question. Who is in line for the Presidency after Vice President Pence: Speaker Pelosi or Secretary of State Mike Pompeo?
Yes, the Presidential Succession Act is Constitutional.
In November, Seth Barrett Tillman and I wrote that Speaker Pelosi can succeed to the Presidency
More details on Nixon and Kennedy's final appointments.
Nixon made a nomination the day before he resigned "to show the government was still running." And I suspect Johnson kept Thornberry in the House to help with passage of the Civil Rights Act.
What happens to a pending judicial nomination if the appointing President dies/resigns?
At least three judges nominated by President Nixon were appointed by President Ford. Ditto for nominees by President Kennedy.
NYC Imposes Additional Requirements on Private Schools in Predominantly Jewish Neighborhoods in Queens and Brooklyn
But the City did not impose restrictions on similarly situated, non-Jewish neighborhoods in the Bronx, Manhattan, and Staten Island
