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
The Substance of the Clean Power Plan Memos
The Chief Justice reminds us why he was the best lawyer of his time.
Some Questions About The SCOTUS Leak On the Clean Power Plan Case
This story is only getting started.
February 9, 2016
A flashback to the grant of the emergency stay in the Clean Power Plan.
A Flashback On The Two-Year Clause
How an obscure clause made me realize my future was in academia.
Trump Tweets About Standing!
Judge Leon should check the President's social media!
Who Owns The President's Papers?
Yes, there is a Domestic Emoluments Clause issue.
New in Civitas Outlook: Trump Refights the "War" That Congress and the Burger Court "Waged" Against President Nixon's Tapes
"OLC's opinion will frustrate, rather than extend, the dangerous cycle of presidential lawfare."
Justice Sotomayor Opens Up About Her Colleagues
She blames her colleagues for the emergency docket situation, and faults Justice Kavanaugh for not knowing people who earn an hourly wage.
Justice John Marshall Harlan's Lecture Notes On Wong Kim Ark
An excerpt from my 2013 co-authored article on Harlan's constitutional law lectures.
My Interview with Peter Canellos, Author Of "Sam Alito and the Triumph of the Conservative Legal Movement"
Eleven questions on YLS, SG, OLC, DNJ, CA3, GWB, and SCOTUS.
New in City Journal: "The Transgender Tide Has Turned at the Supreme Court"
"Six recent rulings uphold the rights of parents and governments to preserve a traditional understanding of gender."
The President Told The AG She Would Be Fired During The Car Ride To SCOTUS
And then Trump sat next to Bondi for an hour of oral argument.
If Chiles Was So Lopsided, Why Did The Court Deny Cert In Tingley?
The legal landscape for transgender cases has changed since 2023.
Justice Harlan's Lectures Gets A Shout-Out In Birthright Citizenship Case
Justice Gorsuch twice referenced Justice Harlan's constitutional law lecture on Wong Kim Ark.
Justice Alito: "Just out of curiosity, do you think we should ask Claude to decide this case?"
I suspect many lawyers use AI, but now they will be even more hesitant to admit it.
Judge Leon Blocked The East Wing Ballroom Based on Offended Observer Standing
After Alliance for Hippocratic Medicine, a claim for a purely "aesthetic injury" should fail.
Was CASA Really Worth It?
The executive branch sacrificed its power to the Supreme Court, yet gained virtually nothing.
What Took So Long In Chiles?
The 8-1 case was argued on October 7, and decided on March 31.
"What Does It Mean To Be A Christian On The Bench?"
"A Conversation with Matthew J. Kacsmaryk and James C. Ho"
What Would Have Been Justice Scalia's Legacy If He Survived Into The Trump Presidency?
Richard Re poses thought provoking questions about a Scalia counterfactual on Earth 2.0.
