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
RBG on Supreme Court Vacancies in 2016 and in 2020
2016: Fill it. 2020: Don't fill it.
Justices Who Died in Office
Before Chief Justice Rehnquist's death in 2005, the last Justice to die in office was Justice Jackson
Five Ways Justice Ginsburg's Death Will Affect the Supreme Court Before Her Successor Is Confirmed
The short-handed Court will have to deal with difficult cases in a difficult time.
My statement for Politico Magazine on Justice Ginsburg's Death
"The only consolation for this sad moment is that Justice Ginsburg can now be reunited with her beloved husband, Martin Ginsburg. I hope she can soon enjoy a performance of The Marriage of Figaro at the big opera house in the sky--with her old pal Justice Scalia humming along."
20,000 Copies Sold of "An Introduction to Constitutional Law": 16,779 Paperbacks and 3,460 E-Books
Randy and I are humbled, and honored that so many people have learned about the Constitution from our book.
Western District of Pennsylvania Accurately Stated the Modern-Day Relevance of Jacobson v. Massachusetts
I am working on a long article on the 1st, 2nd, and 14th Amendment rights during the pandemic. Stay tuned.
The Supreme Court of Texas Asked to Consider "De Facto" Zoning in Houston
Houston prohibits zoning. But Houston permits a "Historic Preservation Ordinance."
Eleventh Circuit Panel finds that Maritime Drug Law Enforcement Act exceeds Congress's Powers under the Foreign Commerce Clause and the Necessary and Proper Clause Powers
This case may be headed to the Supreme Court.
There Is No Court of History
Chief Judge Pryor "write[s] separately to explain a difficult truth about the nature of the judicial role."
Judge Bumatay on Originalism in the Lower Courts: "It is our duty to apply the Constitution—not extend precedent"
He follows Justice Thomas's dissent from Garza v. Idaho: "Where precedent is seriously questioned 'as an original matter' or under current Supreme Court doctrine, courts 'should tread carefully before extending' it."
Update from the Florida Supreme Court: The Governor Has To Make A New Selection By Monday
"We hold that the constitution requires the Governor immediately to appoint and commission a constitutionally eligible nominee from among the seven remaining candidates already certified by the judicial nominating commission."
After 8-Hour Meeting, Divided Texas Bar Refers ABA Model Rule 8.4(g) to Committee
The Disciplinary Committee will consider ABA Model Rule 8.4(g), as well as revisions to an old Texas Rule
Classes #7: Enumerated Powers V and the Recording System
NFIB v. Sebelius, Chain of Title, and Recording Acts
Two Cheers for President Trump's Not-So-Short SCOTUS List
At this point, what difference does it make?
NCLA Challenges CDC's Eviction Moratorium
"The order would abrogate the right to access the courts, violate limits on the Supremacy Clause, implicate the nondelegation doctrine, and traduce anti-commandeering principles."
Cancelling Justice Jackson?
Will casebooks need to expurgate a passage from the famous Youngstown concurrence?
George Mason University President Takes "Immediate Steps … To Advance Systemic and Cultural Anti-Racism" (Updated)
"My vision is nothing short of establishing George Mason University as a national exemplar of anti-racism and inclusive excellence in action."
George Mason University President Announces Anti-Racism Will Be "Important Component" of Reaccreditation
Can Scalia Law School and the Economics Department declare independence from GMU?
The Statutory Authority for the Nationwide Eviction Moratorium
The Director of CDC "may take such measures to prevent such spread of the diseases as he/she deems reasonably necessary."
District of Columbia Working Group Finds Prominent Abolitionist, James Birney, Has a "Legacy" That Does Not Merit Recognition.
DCFaces establishes five grounds for cancellation. No one will survive the purges.
Will Anti-Racist Law Reviews Publish Anti-Anti-Racist Articles by Anti-Anti-Racist Authors?
These policies will institutionalize viewpoint discrimination: only one perspective on a given issue is permissible. In the long run, academic freedom and open discourse will suffer.
Classes #5: "Enumerated Powers III" and "Deeds & Warranties of Title I"
Heart of Atlanta, McClung, and Dole
