Josh Blackman

Hallucinations in the District of New Jersey. Is it an abuse of judicial power for a judge to issue an opinion with AI hallucinations? reason.com/volokh/2025/07…

SG to SCOTUS: "District-Court Defiance of this Court's Decision in California has Grown to Epidemic Proportions" "For good reason, the Constitution vests the 'judicial Power' in 'one supreme Court,' to which all others are 'inferior Courts.'" reason.com/volokh/2025/07…

Justice Kagan Doth Protest Too Much About The Emergency Docket. Justices Kagan, Sotomayor, and Jackson could have joined Justice Kavanaugh to grant cert in the CPSC case, but they didn't. reason.com/volokh/2025/07…

The Three Real Questions That Come After Overruling Employment Division v. Smith. What is a "religion"? When is a religious belief "sincere"? When is a burden on religion "substantial"? reason.com/volokh/2025/07…

What To Make Of The Leak From The Judicial Conference? reason.com/volokh/2025/07…

President Trump To Nominate Jennifer Mascott To Third Circuit reason.com/volokh/2025/07…

Congratulations To Kirill Muzyka, Chief Justice of FantasySCOTUS for OT 2024 reason.com/volokh/2025/07…

Professor Barrett Was At Home In CASA reason.com/volokh/2025/07…

Justice Kavanaugh's CASA Concurrence Moves Away From Abstractions About The Shadow Docket To Focus On The "Interim Before The Interim" SCOTUS may not have to intervene for "run-of-the mill cases" but will intervene for "major new federal statutes or executive actions."…

Federal Courts May Be Able To Receive Filings 24/7, But There Is No Expectation To Review Unanticipated Filings Overnight. If the Supreme Court wants to rebuke lower courts for not acting promptly enough, the Justices should police their own conduct. reason.com/volokh/2025/07…

The Supreme Court Is Supreme, And The Inferior Courts Are Inferior. reason.com/volokh/2025/07…

CASA, Grupo Mexicano, and Ex Parte Young. Does Ex Parte Young Find An "Analogue in the Relief Exercised in the English Court of Chancery"? reason.com/volokh/2025/07…

Bruen and CASA: Analogical Originalism. Yet, neither the majority nor the dissent cited Bruen. reason.com/volokh/2025/07…

Skrmetti, Mahmoud, and Free Speech Coalition - "Won't Somebody Please Think of the Children?" reason.com/volokh/2025/07…

Free Speech Coalition Brings Text, History, and Tradition to the Free Speech Clause. Justice Thomas tries to Bruenify free speech doctrine, but I'm not sure it will work. reason.com/volokh/2025/07… via @reason

Donald Trump, The Transformational President. The New York Times admits that Trump is going further than Buckley, Reagan, Goldwater, and Taft "might have imagined possible" reason.com/volokh/2025/07…

Two Supreme Court Roundups In Two Cities In One Day. Or, from one swamp to another swamp. reason.com/volokh/2025/07…

Justice Thomas Avoids Substantive Due Process with Meyer and Pierce. Thomas may attempt to recast Pierce as a Free Exercise case, but it cannot be understood in that fashion. reason.com/volokh/2025/07…

The Status of Smith and Yoder After Mahmoud. The Court continues avoiding the Smith issue, but in an unexpected way. reason.com/volokh/2025/07…

Contrasting Coercion for the Free Exercise Clause in Mahmoud and Coercion for the Establishment Clause in Kennedy. reason.com/volokh/2025/07…