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
SDNY "Believe[s]" In Dictum That President An "Officer of the United States" for purposes of Federal Officer Removal Statute
"I believe that the President should qualify as a "federal officer" under the removal statute but, as is evident from the discussion below, the proposition is dictum, unnecessary for the decision that I reach."
Conservatives Should Not Be Surprised By Justice Kavanaugh's Voting Pattern With Chief Justice Roberts
Revisiting Seven-Sky v. Holder.
Conservatives Should Not Be Surprised By Justice Gorsuch's Opinion in Bostock
Revisting Kastl v. Maricopa County Community College District.
NextGen Bar Exam MC Questions Only Require Takers To Spot Issues, And Not Apply the Rules
Rather than IRAC, students will only need to focus on the issue.
New York Governor Submits Amicus Brief To Justice Kavanaugh In Rahimi
"Across America, survivors of domestic abuse will now wait in fear to see whether Justice Kavanaugh..."
Download The Cases From The 2023 Barnett/Blackman Supplement
303 Creative, Harvard, Moore, Brackeen, and Pork Producers
Roberts the Creditor, Roberts the Debtor
Kavanaugh the follower.
Does the Supreme Court Strategically Time The Handdown Of Decisions?
Are the biggest cases staggered in June to take advantage of newscycles?
Biden v. Nebraska and the DACA Litigation
Is the longstanding deferred action policy a major question?
Is the ADA Tainted By Unconstitutional Animus?
Is the exclusion of "gender identity disorders" from the ADA based on a "bare desire to harm"?
Professor Barrett Offers A "Theory For Rationalizing" The Major Questions Doctrine
Does she look before she leaps, or does she simply favor judicial restraint?
Mahalo MOHELA
My tentative thoughts on Nebraska v. Biden.
Say Farewell To The "Diversity Benefits" Rationale For Affirmative Action
The majority and dissent state the quiet part out loud: affirmative action was never about the educational benefits from diversity.
Five Decades From Hardison to Groff
How could all of those courts get Hardison so wrong?
Goldilocks and the Four Non-Originalists
Counterman v. Colorado was a throwback to a different era.
Land of the Free Because Of The Brave
"The brave Justices who once sat on this Court decisively rejected those claims."
Just The Facts, Ma'am
The importance of the trial records in Students for Fair Admissions and 303 Creative
In Defense of KBJ's Harvard "Recusal"
Justice Jackson demonstrates why the usual recusal rules will not work for the Supreme Court.
"What a Difference Five Years Makes"
What would Masterpiece have looked like with Justice Kennedy still on Court?
Making Sense Of The Votes In Mallory v. Norfolk Southern Railway Co.
The decision this term that has the largest potential for a legal "jolt" was Mallory.
After Rucho, Dobbs, and Moore, State Supreme Courts Take On Even More Significance
As the unelected judiciary becomes depoliticized, the elected judiciary becomes more politicized.
Purple June
With Justice Kavanaugh by his side, the Chief Justice is back in control.