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 Modifies Rule 29, Paper Briefs Can Be Filed Three Days After Timely Electronic Submission
This rule change effectively gives parties at least one more day to work on briefs, and make corrections.
Should A Federal Judge Be Remembered For "Champion[ing] the Underdog and the Uncelebrated"?
I would think judges should be remembered for treating all parties equally under the law.
Hallucinating Customer Service Hell
A depressing two-hour call with XFinity Chatbots.
New in City Journal: Let's Fix Our Federal Holiday Schedule
How I would rearrange the current calendar, which makes no sense.
The American Constitution Society Still Does Not Have A Competing Theory Other Than "Antitrumpism"
After half a century of great debate, the originalists are still not tired of winning.
February 13, 2016
One decade since Justice Scalia's death.
Carrie Prejean Boller Refuses To Address Candace Owens's Anti-Semitic Comments
Owens: "Jewish people were in control of the slave trade." Boller declines to comment.
Staten Island Goes To SCOTUS
The New York nomination process begins on February 24, and the maps have still not been settled.
New in Civitas: Two Hails For The Chief's NDA
"Press conferences would let the American people hear the justices in their own words. And in doing so, the Court would relieve pressure and help to clamp down on leaks."
Seven Pages Of Nixon Grand Jury Testimony Reveal The Real Threat Of the Deep State
Nixon's enemies within his own administration were spying on and trying to subvert the elected President.
Fact-Finding At The Grammys
What is the sound of one Justice clapping?
What Is The Burden Of Proof In Judicial-Council Factfinding?
The 6th Circuit has followed the clear and convincing evidence standard since at least 1993, but the actual rule is silent on this issue.
The Upshot Of The Wynn and Boasberg Complaints: The Code of Conduct Cannot Be Used To Obtain Discovery
The federal judiciary will make no inquiries about whether a judge may have violated the Code of Conduct. The whole burden of proof rests entirely on the complainant.
Heritage VP of Development Clarifies That "Declaration of Independence and Constitution are Foundational to American Exceptionalism"
She did so after she shared an article describing me and Adam Mossoff as "malcontent[s]" who "slowly slither[ed] out the door."
What We Learned From Jodi Kantor's Latest Expose About The SCOTUS NDA
The Chief is now requiring all employees (but likely not the Justices) to sign Non-Disclosure Agreements, which do not seem to be working.
NYT To SCOTUS: "I just want them to know we're watching them."
We learn fascinating insights about how the newspaper of record covers the "holy of holies of American law."
Yoram Hazony's Fifteen Minutes of Infamy
I'm left scratching my head with Hazony's strange remarks around a non-existent fifteen minute video that actually exists.
New in WaPo: "College deans aren't protected by academic freedom"
Ilya Shapiro and I respond to the situation at the University of Arkansas
Yoram Hazony's Speech At The Second International Conference on Anti-Semitism in Jerusalem
"This is an extremely high level of incompetence by the entire anti-Semitism-industrial complex, some of whose representatives are sitting right here in this room."
In Defense of Justice Alito
Ben Aguiñaga, a former law clerk, responds to the gross media smears of Justice Alito.