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
AP Asked Justice Jackson About Her Inauguration Attire
There was not exactly a denial.
Will Trump Make An Article II Override Argument To Justify Firing IGs Without Providing 30 Days Notice?
Does Trump think the 30 day notice requirement infringes his Article II powers? Will he cite President Obama's refusal to provide notice of the Bowe Bergdahl transfers?
Members of the International Criminal Court Need To Relearn The Lesson of Marbury v. Madison
Jefferson likely would have ignored any command from Chief Justice Marshall, and Marbury did not issue such a command.
Has Any Reporter Asked Justice Jackson To Comment On Her Talisman Worn To The Inauguration?
How many reporters asked Martha Ann Alito about her flags?
Why United Does Not Allow You To Use In-Flight Screen As Extended Display
The limitation is not technology, but confidentiality.
New Essay at Civitas: "Trump Must Pick Judges Who Have Publicly Demonstrated Their Courage"
"The most important predictor of behavior on the bench is judicial courage."
Can The President Unilaterally Declare An Invasion?
Or can only Congress declare an invasion, like Congress has the sole power to declare war?
DHS Will Enforce Expedited Removal To "Full Scope Of Its Statutory Authority"
DHS will subject to expedited removal aliens "who are apprehended anywhere in the United States more than 100 air miles from a U.S. international land border, and who have been continuously present in the United States for less than two years"
SCOTUS GVRs Capital Case After 13 Reschedules And 10 Relists
It seems to have taken some time to corral Justice Barrett's vote in a case involving evidence and sex-based slurs.
President Trump's Executive Order on the U.S. Refugee Admissions Program
The timing of this order seems structured to moot a Supreme Court appeal in 90 days.
When The Resistance Tail Catches The DOGE
The Resistance sues a non-existent entity based on an irrelevant statute.
President Trump's Executive Order About Exclusion and Removal of Aliens
The order would exclude and remove aliens who "bear hostile attitudes" to our "founding principles."
Justice Jackson Did Not Wear A Dissent Collar To The Inauguration. She Apparently Wore A Talisman To Ward Off Evil.
Does anyone still want to talk about Martha Ann Alito's flags?
Offices and Officers of the Constitution, Part V: The Elector Incompatibility, Impeachment Disqualification, Foreign Emoluments, and Incompatibility Clauses
Everything you ever wanted to know about the Foreign Emoluments Clause.
President Trump Comments on President Biden's Pardons: "An Unbelievable Precedent"
"Well I guess now I have precedent to do it, but I don't want to do it..."
The DOGE Race to the Courthouse
Docket Numbers 164, 165, 166, and 167.
Biden's Last-Minute Pardons
"I say to my friends on the other side of the aisle, you will regret this, and you may regret it a lot sooner than you think."
The Oaths
Chief Justice Roberts issues the presidential oath to President Trump, and Justice Kavanaugh issues the oath to Vice President Vance.
Biden Office of Legal Counsel Departs From Obama-Era opinions, and Reverts to Reagan-Era Opinions, on the Difference Between "Officer of the United States" and "Office under the United States."
We think OLC paid close attention to the Section 3 litigation, and did not want to be left defending a position that might be rejected by the Supreme Court
