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
How Quickly Should A Justice Call For A Response On The Emergency Docket?
Is Justice Jackson trying to set a new standard?
Emergency Application Filed With Circuit Justice Jackson Seeks Relief By May 6; Still No Call For Response
The Court moves heaven and earth to block removal of alleged gang members who are almost certainly removable, but stays silent when citizens of Maine lose their elected representative.
Florida Judge Seeks To Enjoin Parties Not Before Her Court
And she is considering holding the Florida Attorney General in contempt for pointing out the limits of the judge's order
The Supreme Court's Order for Supplemental Briefing in Kennedy v. Braidwood and the Reorganization Plan of 1966
The Reorganization Plan of 1966, standing by itself, is not a statute that could vest "by law" the appointment power authority in the Secretary.
"When the Supreme Court Spoke With One Voice" But Was Ignored By Everyone
Cooper v. Aaron is not a model the Roberts Court should try to emulate.
A Tale Of Two Shadow Dockets
The Supreme Court moves heaven and earth to block removal of alleged gang members who are almost certainly removable, but says nothing about Ohio initiative process being declared unconstitutional.
"Personal" Liberty Due Process Cases at the Supreme Court Between Carolene Products and Griswold
It is clear the Court decided "economic" liberty cases in this period, but what about "personal" liberty due process cases, apart from the First Amendment?
The ACLU's Ex Parte Voicemail To Seek An Ex Parte Injunction
Judge Hendrix took no action, but notified the government about the ACLU's action.
The Timing of the 5th Circuit's Ruling in A.A.R.P. v. Trump
The 5th Circuit and Supreme Court decided the case at *exactly* the same time.
Justice Alito Dissents: "Both the Executive and the Judiciary have an obligation to follow the law."
Justice Alito also questions whether the Court even had jurisdiction to act.
Process Formalism In Texas But Not At SCOTUS
Kudos to Judge Ramirez who understands how the rules of civil and appellate procedure operate.
The Procedural Posture of A.A.R.P. v. Trump
The Fifth Circuit and SCOTUS ruled at approximately the same time.
SCOTUS Violates Marbury v. Madison By Granting Ex Parte Injunction Against Executive Branch In Its Original Jurisdiction
When the Justices voted, there was no actual lower court decision to review.
The Major Separation of Powers Problems with J.E.B. v. Trump
Judge Boasberg is about to unleash a truly independent counsel on the Trump Administration, and the President himself, subject to none of the strictures that Alexia Morrison faced.
"A Recipe for District Judge Supremacy"
Judge Ho addresses Trump v. J.G.G.
About The "Incipient Crisis" In Little Rock
The aftermath of President Eisenhower sending in federal troops is not a model of success.
SCOTUS Sets Special May Sitting In Birthright Citizenship Case
The last May case was argued by Brett Kavanaugh.
The Special Counsel Is Dead. Long Live The Special Counsel.
Judge Boasberg will likely anoint a special prosecutor to investigate the Trump Administration, bring us back to Muellergate.
Should A Federal District Court Hold Contempt Proceedings While An Emergency Appeal Is Ongoing?
Maybe judges should hold off on ordering the executive branch to show cause until the Supreme Court finishes its review.
Offices and Officers of the Constitution Part VI: The Ineligibility Clause
The latest in the ten-part Tillman-Blackman series on Offices and Officers of the Constitution
The Chief Justice "Facilitates" Another Shadow Docket Compromise In Noem v. Garcia
The Trump Administration didn't lose but it didn't quite win either.
Seventh Circuit Judicial Council Dismisses Misconduct Complaint Against Judge Vaden
Oh, and by the way, the complainant is a prisoner who had a "role in firebombing and vandalizing Jewish houses of worship."
Standing in the Shadow Docket
Should the Court not consider jurisdiction unless there is irreparable harm?
