HeyJaredJosh Blackman
- Indexed articles, last 90 days
- 9
- Latest publication
- Sep 29, 2026
- Outlet visibility, for SCOTUSblog
- Top 500K sites
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- Jul 28, 2026
Latest articles
The Supreme Court’s two decades of constitutional change (opens the original)
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This series for SCOTUSblog will recount two decades of constitutional change through the five editions of our casebook, the first published in 2008 and the latest to be published this December. Lawyers tend to internalize the constitutional law that existed when they attended law school. Consider a lawyer who took the course in the spring of 2005, a few months before the Rehnquist court adjourned for the last time. That lawyer learned that the Constitution protected a right to abortion, that a u
Break the Supreme Court law clerk cartel (opens the original)
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This is the eighth and final piece in a series on what I believe the court can, and should, do better. Every year, each justice hires four law clerks. Under the current practice, the justices will hire young lawyers with sterling credentials who secured two or three prior clerkships from “feeder” judges. Often, interviews are scheduled while applicants are still in law school, and before they have even started their first clerkship. Justices have built elaborate screening networks with former cl
Empower the Supreme Court’s supermajority on substantive matters (opens the original)
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This is the seventh piece in a series on what I believe the court can, and should, do better. In my last column, I suggested several ways in which the Supreme Court could provide more procedural protections for the court’s minority. These rules would necessarily require the buy-in from the majority of justices, since they would be surrendering some authority. But, in all cases, a majority can rule. As Justice William Brennan may have remarked, five votes can do anything at the Supreme Court. So
Enhance the Supreme Court minority’s procedural powers (opens the original)
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This is the sixth piece in a series on what I believe the court can, and should, do better. On the Supreme Court, there are two primary numerical voting rules. Under the “Rule of Four,” it takes four votes to grant a petition for a writ of certiorari. Thus, less than a majority is needed to accept a new case. And under the “Rule of Five,” it takes five votes to form a majority opinion, stay or enjoin a lower court ruling, or enter a judgment. As Justice William Brennan may have remarked, with fi
The justices should regularly sit on the lower courts (opens the original)
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This is the fifth piece in a series on what I believe the court can, and should, do better. Each term, the chief justice appoints a circuit justice for each of the twelve regional courts of appeals. These appointments are expressly authorized by 28 U.S.C. § 42. More-senior justices are usually appointed to the circuit they have the closest personal connections with. For example, Justices Samuel Alito and Sonia Sotomayor, who served on the U.S. Courts of Appeals for the 3rd and 2nd Circuits, resp
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