Josh Blackman is a constitutional law professor at the South Texas College of Law Houston, an adjunct scholar at the Cato Institute, and the President of the Harlan Institute. Follow him @JoshMBlackman.
Josh Blackman
Latest from Josh Blackman
On 12th Anniversary of DACA, President Biden To Announce New Executive Action For Spouses of U.S. Citizens
Parole in Place for Spouses -- Call it PIPS?
Justice Thomas Reverses President Trump's Executive Overreach in Cargill v. Garland
Justices Sotomayor, Jackson, and Kagan disregard ATF’s “about face.”
Justice Barrett's Concurrence in Vidal v. Elster Is a Repudiation of Bruen's "Tradition" Test
I expect Justice Barrett will exhibit her buyer’s remorse of Bruen in Rahimi.
The Ignored Aesthetic Standing Argument In FDA v. Alliance for Hippocratic Medicine
The fauna that did not bark, the flora that did not bloom.
Alabama Law Review: A Tribute to Twenty Years on the Bench—Chief Judge William H. Pryor Jr.
With contributions by Justice Thomas, Attorney General Sessions, and many Pryor clerks/mentees who became judges.
Justice Kavanaugh Denies Standing For Docs Against Glocks
Doctors cannot claim an injury to challenge gun control laws because their patients may be affected by gun violence.
The Standing Analysis in FDA v. Alliance for Hippocratic Medicine
The Court ducks the conscience theory of standing based on the government's new position, "abandons" Haven's Realty, and starts the deadpool for associational standing
Refugee Groups Sue Biden Administration Over Asylum Policy in DDC
The purported injury is based on diversion of resources.
Judge Tatel's Vision of the Shadow Docket From Inside the Penumbra
"The Court, we were told, 'would really like us to act tonight'—and, if possible, 'within an hour.'"
Book Advances for the Justices in 2023
Gorsuch ($250,000), Kavanaugh ($340,000), Jackson ($893,750).
Baude & Paulsen v. Blackman on Section 3
Video from the 2024 Originalism Works-in-Progress Conference
Travel Ban, Redux
President Biden invokes Section 212(f) of the INA to block asylum seekers from entering the United States.
New Article: Bilateral Judicial Reform
This Article offers ten neutral proposals that would equally weaken the right and the left.
About The Former Alito Clerk Who Attacked Him In The Philadelphia Inquirer
Professor Susan Sullivan doesn't even list Alito's name on her biography, and clerked for Judge Alito when Casey was argued.
NRA v. Vullo and Trump v. Hawaii
Citing Governor Cuomo's tweets harkens back to, and perhaps foreshadows, litigation against President Trump.
Justice Alito's Letter About The Flag Flap
He will not recuse, so everyone should move on.
The Alito Flag Flap, Snyder v. Phelps, and Chaplinsky v. New Hampshire
The latest reporting from the New York Times intersections with Free Speech cases.
Hoping for Three More Votes
Gorsuch: "If there are not yet four votes on this Court to take up the question whether Williams should be overruled, I can only hope someday there will be."
The Origin Story of Dobbs
A deep dive into how Dobbs came to be.
The Old Gray Lady In Distress
To be clear, I am referring to the New York Times.
