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
Georgetown Law Journal Author Diversity Policy: At least 25% "of the Total Articles the Senior Articles Editor Assigns Shall be Written by Diverse Authors"
And if the Senior Articles Editor cannot meet this quota, then "Select members of the Senior Board will then take steps to remedy the Senior Article Editor’s concerns"
Is Section 602(c)(2)(A) of the American Rescue Plan Act Constitutional?
This provision seems to prohibit states that accept billions of dollars in federal funds from reducing taxes prior to 2024.
How old will President Biden's judicial nominees be?
Which side of 50 will the nominees be on?
Panel Discussion on Roman Catholic Diocese v. Cuomo
Hosted by the UT Austin Federalist Society Chapter
One year since my last in-person class
On Tuesday, March 10, I told my students we probably wouldn't be back in class after spring break.
Class #15: Future Interests III
Contingent Remainders and Executory Interests
When the Chief Stands Alone
Chief Justice Roberts wrote one solo dissent in his first fifteen years on the bench. He has written three in the past four months.
Classes #14: Compulsory Expression and
Roberts v. Jaycees and Boy Scouts v. Dale
A Closer Look At The Unanimous First Opinion Tradition
It isn't so clear that a Justice's first assigned opinion has been unanimous.
In Bump Stock Case, Tenth Circuit Dismisses Grant of Rehearing En Banc As Improvidently Granted
The En Banc Court Split 6-5 to vacate the prior grant of rehearing en banc. This case may present a cert-worthy Chevron vehicle.
Did Justice Breyer Go IDGAF?
Justice Breyer may have abandoned attempts to moderate, and resigned himself to dissent.
Classes #13: Freedom of Association & Future Interests I
NAACP v. Alabama and Janus v. AFSCME
One year without Supreme Court in-person oral arguments
The last in-person oral argument was on March 4, 2020, in June Medical Services v. Gee.
Classes #12: "Offensive" Speech II & Estates IV
Brown v. EMA
New York Legislature Strikes Deal to Limit Cuomo's Emergency Powers
The Assembly Speaker said the "temporary emergency powers were granted as New York was devastated by a virus we knew nothing about. Now it is time for our government to return to regular order."
Classes #11: "Offensive" Speech I & Estates III
United States v. Stevens
After 5 Relists, SCOTUS Grants Cert in Puerto Rico Case Biden SG Will Probably Switch Positions On
In September, candidate-Biden tweeted that he would not support the Trump Administration's position before the Supreme Court
SCOTUS Enjoins Santa Clara County Prohibition on Indoor Worship
"This outcome is clearly dictated by this Court’s decision in South Bay United Pentecostal Church v. Newsom."
After a year of pandemic, state legislatures look to strip Governors of emergency powers
I see three ways to limit emergency powers ex ante.
Breaking: Federal Court Declares Unconstitutional CDC Eviction Moratorium
"The federal government’s Article I power to regulate interstate commerce and enact laws necessary and proper to that end does not include the power to impose the challenged eviction moratorium."
A New SCOTUS Workflow: Opinions during the Recess and on Non-Argument Days in February
The ability to hand down opinions virtually has given the Court more flexibility.
Classes #10: Obscenity II and Estates II
Miller v. California and Ashcroft v. Free Speech Coalition
Testifying before Senate Judiciary Committee Hearing on Nomination of Merrick Garland to be Attorney General
I support Judge Garland's swift confirmation, but will flag three DOJ policies he should maintain.
