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
What did Professor Amy Coney Barrett say about NFIB v. Sebelius?
"In NFIB v. Sebelius, the inspiration for Barnett’s book, Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute."
My Contribution to the Politico Symposium: "A New Roberts Court Begins for the Last Time"
If reports are accurate, Justice Amy Coney Barrett may be the final 9th Justice
A 2018 Cover of the National Law Journal Has Aged Well
It predicted Judges Gorsuch, Kavanaugh, Barrett, and Willett on the Supreme Court
On the eve of Yom Kippur, New York City Considers "Extraordinary Lockdown" of Orthodox Jewish Communities
Get the TRO Applications Ready.
Failed Efforts to Get RBG and Breyer To Retire During the Obama Administration
RBG ignored Obama's winks and nods. Justice Breyer was not interested in becoming ambassador to France.
President Trump's Executive Order on An America-First Healthcare Plan
There are some references to the ACA litigation
Libertarian Presidential Candidate Jo Jorgensen Releases "Liberty-Minded" SCOTUS Short List
Judge Willett, Eugene Volokh, Randy Barnett, and others make the cut.
A Resignation in Time, that Saved Nine
To avert Court Packing, would the Chief Justice allow a President Biden to appoint his replacement?
Classes #1: The Separation of Powers I and Easements II
Morrison v. Olson, forevermore.
RBG's Daughter: Justice Ginsburg did not "anticipate" that Republicans would block Garland
Jane Ginsburg talks to Emily Bazelon
Joan Biskupic Recounts "20 Years Of Closed-Door Conversations" with RBG
The last "one-on-one session in her chambers" came in January.
Highlights from Trump's Interview with Woodward Regarding SCOTUS
A Trump Statue outside the Supreme Court?
Expanding the Bench, Physically
Congress may pack the Court. But how will everyone fit on the bench?
Narrowing Down the 44-Person Not-So-Short List
Above all else, the nominee must be willing to walk into the slaughter, knowing they may get slaughtered.
Nina Totenberg Recounts RBG's Inadvertent "Leak" From This Term
"Of course, she hadn't told me anything about what the court had decided, only that I would find out in about 12 hours."
When will Justice Ginsburg's papers be available?
We know it will not be in 100 years.
Justice Ginsburg's Last Words
"My most fervent wish is that I will not be replaced until a new president is installed."
RBG on Supreme Court Vacancies in 2016 and in 2020
2016: Fill it. 2020: Don't fill it.
Justices Who Died in Office
Before Chief Justice Rehnquist's death in 2005, the last Justice to die in office was Justice Jackson
Five Ways Justice Ginsburg's Death Will Affect the Supreme Court Before Her Successor Is Confirmed
The short-handed Court will have to deal with difficult cases in a difficult time.
My statement for Politico Magazine on Justice Ginsburg's Death
"The only consolation for this sad moment is that Justice Ginsburg can now be reunited with her beloved husband, Martin Ginsburg. I hope she can soon enjoy a performance of The Marriage of Figaro at the big opera house in the sky--with her old pal Justice Scalia humming along."
20,000 Copies Sold of "An Introduction to Constitutional Law": 16,779 Paperbacks and 3,460 E-Books
Randy and I are humbled, and honored that so many people have learned about the Constitution from our book.
Western District of Pennsylvania Accurately Stated the Modern-Day Relevance of Jacobson v. Massachusetts
I am working on a long article on the 1st, 2nd, and 14th Amendment rights during the pandemic. Stay tuned.
The Supreme Court of Texas Asked to Consider "De Facto" Zoning in Houston
Houston prohibits zoning. But Houston permits a "Historic Preservation Ordinance."
Eleventh Circuit Panel finds that Maritime Drug Law Enforcement Act exceeds Congress's Powers under the Foreign Commerce Clause and the Necessary and Proper Clause Powers
This case may be headed to the Supreme Court.
