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
SCOTUS to CASA to A.A.R.P.: In Case Of (Perceived) Emergency, Ignore The Rules, And Make Stuff Up
None of the usual rules will apply when the ACLU says there is an emergency.
Does Justice Sotomayor Really Want To Know What The Remedy Would Be If The Government Confiscated Everyone's Guns?
The remedy would not involve Rule 23.
The Department of Justice's "Longstanding" General Practice of Intracircuit Nonacquiescence
A response to questions from Justices Kagan and Barrett.
I Stand By My Prediction: The Court Will Reargue the Case On The Merits And Duck The Procedural Issues
There are eight, and possibly nine votes against Trump on the merits. But the Court is far too fragmented on the injunction issue.
"President Trump Has To Obey The Constitution, But So Does Chief Justice Roberts"
Presented at the Orlando Federalist Society Chapter.
Vice President Vance Will Look For SCOTUS Nominees With "Real Courage" Who Have "Stood Up To The Crowd"
Vance mentions Justices Thomas and Alito as exhibiting this courage, but none of the Trump appointees.
Solicitor General Is Still Waiting For An Actual Ruling In A.A.R.P. v. Trump
Nearly a month has elapsed since the ACLU's very good Friday.
The Chief's Blue Plate Special On Birthright Citizenship: A Second Helping Of DACA Reliance Interests
If the Court's can't coalesce on a single rationale, we might see a redux of Department of Regents.
Congratulations to the Finalists of the Harlan Institute OT 2024 Virtual Supreme Court Competition
High School Students from Oregon and Texas argued before a panel of three federal judges and visited the United States Supreme Court.
My Prediction For The Birthright Citizenship Cases: The Court Will Rule Against Trump On The Merits And Bypass All Other Procedural Issues
There are certainly five votes on the meaning of the Fourteenth Amendment, but there are not five votes about nationwide injunctions.
The Foreign Emoluments Clause, A Qatari Jet, and Honorary Irish Citizenship
More than 100 days into the new administration, the Foreign Emoluments Clause returns to the fore.
Justice Souter's Papers Will Be Available In The Year 2075
The Justice was "emphatic" that his papers would be available only fifty years after his death.
SCOTUS Permits Discharge In COVID and Transgender Cases
Comparing Navy Seals and Shilling.
TROLP Has Published My 2024 Jurist of the Year Address
I offer five tips on how you can get a TROLP bobblehead.
New Article: Forcibly Sweeping Section 3 Up To The Supreme Court
My personal account of the Section 3 litigation.
SG Files Emergency Application in DOGE Case, CJ Roberts Immediately Calls for Response in 10 Days
The Chief moved quickly, but extended the review period out.
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.
