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.
Class 26: Modern Substantive Due Process I
Griswold and Casey
Josh Blackman
Latest from Josh Blackman
The Chief Justice's Unexpected Super Precedent from the Shadow Docket
The Court should grand cert before judgment in Agudath Israel of America v. Cuomo to clarify the appropriate standard for First Amendment cases during the pandemic.
"We'll Be Back" performed by the federal trial and appellate judges in Houston and Galveston
An adaptation of "You'll be back" from Hamilton
Classes #25: Equal Protection IV and Regulatory Takings: Balancing II
Frontiero, Craig, VMI, Lucas, Murr
Please Excuse My Dear Aunt Severability
What is the correct order of operations for California v. Texas?
The "Bait and Switch" on the Affordable Care Act's "Findings"
A Flashback from Unprecedented to California v. Texas.
Video and Transcript of Justice Alito's Keynote Address to the Federalist Society
He talked about COVID and Religious Liberty, the Second Amendment, Free Speech, and "Bullying" of the Supreme Court by U.S. Senators
Harvard Journal of Law & Public Policy will publish my new article on the Pandemic and the Constitution
What Rights are “Essential”? The 1st, 2nd, and 14th Amendments in the Time of Pandemic
Reconsidering Redressability and Traceability in California v. Texas
The answer to questions from Justice Gorsuch and Barrett depends on how the Plaintiffs' injuries are characterized.
Classes 24: Equal Protection III and Regulatory Takings
Bakke, Gruter, Gratz, Fisher I, FIsher II, Penn Coal, Penn Central
Justice Alito's Questions in California v. Texas Explain The Likely Aftermath Of a Dismissal on Standing Grounds
Finding that the state plaintiffs and the private plaintiffs lack standing will not settle the constitutionality of the ACA.
I learned a new phrase today: "Moral Suasion"
Former Solicitor General Don Verrilli dropped a nice turn of phrase in California v. Texas
A Mandate or a Choice?
Solicitor General Hawkins's exchange with Justice Kagan illustrates the foundational disagreement about what NFIB held.
Classes 23: Equal Protection II and Categorical Regulatory Takings
Loving, Bakke, Loretto, Horne, and Hadacheck
U.C. Irvine Law Review Adopts Diversity Statement
"Diversity in scholarship promotes historically underrepresented authors, ideas, and perspectives in the field of law."
N.Y. Times: Biden's advisers "concluded that he does not have the legal authority to impose" a nationwide mask mandate but can "require them on 'all interstate transportation.'"
It is unclear if this mandate would apply to personal vehicles traveling on public interstate highways.
Would President Biden's Nominee for Attorney General Pledge Not to Prosecute Former-President Trump?
Such a pledge could avoid years of bitter division.
WaPo: "Biden plans immediate flurry of executive orders to reverse Trump policies"
Thanks to the Chief Justices's traps, repealing the DACA rescission may be tougher than it seems.
President Trump would not be the first President to boycott the inauguration of his successor who is sworn in by a Chief Justice with the first name of John
In 1801, President John Adams left the White House in the middle of the night before President Jefferson's inauguration.
The Eighth Rule of Court Packing is Win Large Majorities in Congress So You Can Pack the Court
I think we can safely postpone Court packing legislation till 2022, or more likely 2024.
The Senate Judiciary Committee in the 117th Congress
Who will hold the gavel on January 20?
Four Observations from Fulton v. City of Philadelphia
1) Loving and Obergefell, 2) Breyer wrestles, 3) Barrett questions, and 4) Alito charges
Classes #22: Equal Protection I and Eminent Domain
Brown, Bolling, Cooper, Kelo
An Imagined #SCOTUS Group Chat for McKesson v. Doe
Certification from the Shadow Docket
Classes #21: Due Process Clause III and Zoning IV
West Coast Hotel, Carolene Products, Lee Optical, Village of Belle Terra, Mt. Laurel
Spheres of Liberty and Free Exercise: Lessons for Fulton from Jefferson's Correspondence with Ursuline Nuns
A guest post on Fulton v. City of Philadelphia from Professor Stephanie Barclay (Notre Dame)
How do you pronounce the "v." in a case name: like the letter "V" or like "versus"?
I settled on a rule. When the name of the first party is one syllable, I use "v." When the name of the first party is more than one syllable, I use "versus."
Some tentative thoughts on possible remedies in the Harris County curbside voting case.
Option #1: Count the votes. Option #2: Discard the votes. Option #3: Hold a do-over election.
