Josh Blackman is a constitutional law professor at the South Texas College of Law Houston, an adjunct scholar at the Cato Institute, and the President of the Harlan Institute. Follow him @JoshMBlackman.
Josh Blackman
Latest from Josh Blackman
Justice Gorsuch Explains What Collegiality Means
Does it mean going to the opera together, or a willingness to be persuaded?
Some Highlights From Justice Gorsuch's WSJ Interview
Justice Gorsuch likes the new oral argument format and he writes his own opinions.
Senator Schumer Goes Nuclear With "No King Act"
The law would direct lower courts how to reject claims of presidential immunity, and strip SCOTUS of appellate review.
Biskupic Part III Confirms What We Already Knew: Justice Alito Lost Majority Opinions in NetChoice and Trevino.
There is little here that can't be gleaned from the docket and the split opinions.
Biskupic's Second Installment on Trump Immunity
We learn very little new: Roberts made no efforts to appeal to the left, as he sought to reclaim his Court.
Leaks From Moyle
My speculation was just the tip.
President Biden's Pointless SCOTUS Reform Plan
Three proposals, that lack any specificity, will go nowhere, fast.
"I could carve a judge with more backbone out of a banana"
What stuff are the Court's middle three Justices made of?
What Would It Mean For Lower Federal Court Judges To Enforce A Code Of Conduct Against Supreme Court Justices?
Does Justice Kagan really want Chief Judge Kimberly Moore to give Justice Thomas the Pauline Newman treatment?
JD Vance on Justice Scalia in 2014
"He's become a very shrill old man. I used to really like him, and I used to believe all of his stuff about judicial minimalism was sincere. Now I see it as a political charade."
Jarkesy Should Not Have Been So Easy For Justice Barrett
There are tensions between Jarkesy, CFPB, and Vidal.
Kamala Harris Failed The California Bar On Her First Try
In July 1989, UC Hastings Had A 81.4% Pass Rate.
New in the American Spectator: The 11th Circuit Should Reject Jack Smith's Past Political Justifications to Expedite His Latest Appeal
"The Court of Appeals for the Eleventh Circuit has no reason to accommodate politically motivated efforts to convict Trump before the election or inauguration."
Chief Justice Roberts, The Judicial Supremacist in Jarkesy
The Chief Justice wavers on many issues, but never in returning power to the federal judiciary.
Atlas Roofing Shrugged
Another Burger Court precedent is about to be “abandoned” or “overruled” like Roe, Lemon, Chevron, Abood, and Bakke.
The International Court Of Justice's Decision Against Israel
"The only avenue for a permanent solution to the Israeli-Palestinian conflict remains the negotiation framework set out in the United Nations and bilateral agreements."
More Evidence That "Direct Taxes" Include Levies on Wealth and Income
Another guest post from Professor Rob Natelson
Rahimi and NetChoice: Why Is The Facial Challenge Bar Lowered For The First Amendment and Not The Second Amendment?
The right to keep and bear arms remains a second-class right.
Mission to Israel Part V: There Is No "Apartheid"
When I tell Israelis that American students think they are like South Africa, they are shocked.
Preserving the Issue of Whether Morrison v. Olson Should Be Overruled
The Special Counsel is squarely on notice that the question of whether Morrison’s holding should be preserved or overruled is at issue.
Mission to Israel Part IV: What I Learned About The Israeli Politics With Regard To The Hostages
If you think American politics are corrosive, hold my falafel.
Making Sense of Justice Barrett's NetChoice Concurrence
I don't get the random questions Justice Barrett raises, and I'm not sure why she didn't mention her reservations in Hansen..
