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
WaPo Columnist Says The Quiet Part Out Loud About Attacks On The Judiciary
"A sustained campaign of condemnation isn’t going to push these judges to write liberal opinions, but it could chasten them toward more moderate ones."
Harlan Institute-Ashbrook Virtual Supreme Court Semifinalists
26 Teams of HS Students presented oral argument in Students for Fair Admission v. UNC
What Was The Most Consequential Supreme Court Decision Over The Past Five Years?
No, it was not Dobbs or Bruen.
Can The Vice President Invoke The "Speech or Debate" Clause?
The provision applies to "Senators and Representatives," not to the President of the Senate.
In 2023, Pierson v. Post Meets Keeble v. Hickeringill
Modern-day efforts to sabotage fox hunts.
Another Judge on the Acela Corridor Takes The Thirteenth Amendment Seriously
Judge Matey's concurrence sketches out the original meaning of "involuntary servitude."
Professor Xiao Wang in the Minnesota Law Review Refutes A Position I Do Not Hold
When you say someone is wrong, quote them, to ensure you are properly attributing their view.
The Supreme Court at the 2023 State of the Union
President Biden goes off script on abortion.
Are Circuit Court Decisions from Before 1892 Binding On The Circuit Courts of Appeals?
The Evarts Act of 1892 established the modern-day circuit courts of appeals.
Abortion and the 13th Amendment
Judges cannot take the Supreme Court's silence as a ground to subvert Supreme Court precedent.
A Series of Unfortunate Travel Events
Yet I still made it to my destination.
Forum Shopping in California
Just leave your heart, and nationwide injunction, in San Francisco.
The Washington Post Profiles the 5th Circuit
"They don’t care about being invited to elite parties in Georgetown.”
Why Does Justice Kavanaugh Write Concurrences?
And if only we could gaze upon his book of never-published opinions.
Bar Associations Threaten Pro-Se Litigant, Aided by AI, with UPL Suits
I warned about this risk nearly a decade ago.