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
Under the Former Presidents Act, A Removed President Does Not Receive a Pension, Office Staff, Office Space, and Secret Service Protection (Updated)
But an impeached-but-not-removed President would still receive the benefits.
Does Twitter's Ban of Trump "Effectively Moot[]" the Cert Petition in Trump v. Knight First Amendment Institute?
Does the Munsingwear doctrine apply to Twitter?
ExpressO Submission Service Will Shut Down on June 30
Over the past decade, Scholastica has completely overtaken ExpressO
Can President Trump be Impeached and Removed on the Grounds of Incitement?
If Trump’s speech is protected by the First Amendment, then incitement cannot be grounds for impeachment.
U.S. Courts: SolarWinds Hack May Have Affected CM/ECF Filing System
"An apparent compromise of the confidentiality of the CM/ECF system due to these discovered vulnerabilities currently is under investigation"
My new camera setup
Logitech Brio 4K Camera with light ring
One year without Twitter
I am grateful I have not spent the last dreadful year on Twitter.
My Thoughts on January 6, 2021
I gave a mini-monologue on Spectrum 1 News in Austin
A Timely Primer on Section 4 of the 25th Amendment
If a majority of the cabinet agrees to remove the President, Pelosi and McConnell could run out the clock till January 20.
Biden Will Nominate Merrick Garland As Attorney General
Other nominations: Lisa Monaco as Deputy Attorney General, Vanita Gupta as Associate Attorney General, and Kristen Clarke to head Civil Rights Division
Sixth Circuit Declares Closure of Religious Schools in Toledo Violates Free Exercise Clause
The panel attempts to explain how to perform the Diocese comparator approach. Yet, the panel does not recognize that the Supreme Court's precedents do not provide an answer.
Governor Cuomo Will Allow 6,700 Fans Watch The Buffalo Bills Playoff Game
"Essential" simply means "important" to Governor Cuomo.
Judge Robert Pratt (S.D.IA) : "It's not surprising that a criminal like Trump pardons other criminals"
"But apparently to get a pardon, one has to be either a Republican, a convicted child murderer or a turkey."
Will President Trump Make Recess Appointments During the "Fictitious" Inter-Session Recess on January 3?
In 1903, "President Roosevelt made over 160 recess appointments during the instantaneous inter-session interval."
Second Circuit Rules for Agudath Israel and Brooklyn Diocese
The panel reviews Governor Cuomo's order with strict scrutiny, declares it unconstitutional.
Dave Barry's Year in 2020 Review: Marpril
A perfect summation of the longest month ever.
SCOTUS Shadow Docket De Facto Denies Trump's Latest Challenge to Pennsylvania Vote Count
The Response is due January 22. The inauguration us January 20.
The Appellate Shadow Docket
Can Circuit Courts set precedents in emergency litigation through granting injunctions or stays?
The Prohibition on Carrying on the Sabbath Makes it Virtually Impossible for Jewish People to Worship Outside
California's policy shows a lack of awareness about how Jewish people pray.
Ninth Circuit Denies Injunction in South Bay. Next Stop SCOTUS.
Will Santa Kagan deliver coal in South Bay's stockings?
Cancelling Chief Justice White
New Orleans Supreme Court removes statue of first Louisianan on U.S. Supreme Court.
How The Briefing Schedule Stole Christmas!
It takes weeks, not days, and certainly not hours, to review California's complete prohibition on indoor worship.
President Trump Pardons, Rickey Kanter. Last Year, Judge Barrett Found That Kanter Did Not Lose His Second Amendment Rights.
A connection between ACB's dissent and Trump's pardon?
Cancelling Portraits of White Judges in Fairfax County Courtroom
"The Court is concerned the portraits may serve as unintended but implicit symbols that suggest the courtroom may be a place historically administered by whites for whites, and that thus others are of a lesser standing in the dispensing of justice."
Federal Judge in California Flouts Catholic Diocese, Dares SCOTUS to Reverse Him
District Court: California's complete prohibition on all indoor worship is permissible because the state permits worship outdoors.
Will Academic Travel Ever Go Back To "Normal"?
Will Universities be willing to fund travel? Will professors even want to travel?
Google Chrome Now Blocks Insecure Downloads from Secure Websites. Many Court Website are Insecure.
Chrome now blocks download links on How Appealing from insecure court sites.