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Between 2009 and 2020, Josh published more than 10,000 blog posts. Here, you can access his blog archives.

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Publications, Presentations, Commentary, and Media in 2018

January 1st, 2019

This post will highlight my accomplishments in 2018. In the past year, I published (or will publish) 9 articles, gave 17 academic presentations, delivered 65 other presentations, wrote 29 commentaries, and made 388 media appearances. You can review my new-and-improved C.V., which spans over 80 pages.

Publications

  1. The Irrepressible Myths of Cooper v. Aaron, 107 Georgetown Law Journal __ (Forthcoming 2019)
  2. Undone: The New Constitutional Challenge to Obamacare, 23 Texas Review of Law & Politics __ (Forthcoming 2019).
  3. The Once and Future Privileges or Immunities Clause, 25 George Mason Law Review __ (Forthcoming 2019) (with Ilya Shapiro).
  4. Self-Plagiarism, 45 Florida State Law Review __ (Forthcoming 2019).
  5. Remembering Professor Ronald Rotunda, Chapman Law Review (Forthcoming 2019).
  6. The Travel Bans, 2017-18 Cato Supreme Court Review 29 (2018).
  7. The Domestic Establishment Clause, 23 Roger Williams Law Review 345 (2018).
  8. Defiance and Surrender, 59 South Texas Law Rev. 157 (2018).
  9. Presidential Maladministration, 2018 Illinois Law Review 397 (2018)

 

Academic Presentations

  1. Debate on ABA Model Rule 8.4(g) – Catholic University Law Review Symposium (11/9/18).
  2. Presentation of “Presidential Avoidance,” Loyola Chicago Constitutional Law Colloquium (11/2/18).
  3. Panel discussion on immigration and Executive Power, University of Pennsylvania Law Review (Oct. 20, 2018).
  4. Presidential Avoidance Canon, George Mason University Center for the Administrative State Workshop (Sep. 27, 2018).
  5. Presentation on the Travel Ban, Case Western School of Law (9/14/18).
  6. Presidential Avoidance Canon, University of Houston Law Center Faculty workshop (Sep. 12, 2018).
  7. The Presidential Avoidance Canon, South Texas College of Law Houston Faculty Workshop (8/24/18).
  8. Constitutional Law Workshop, Southeastern Association of Law School Conference (Aug. 7, 2018).
  9. Presidential Speech, Yale Freedom of Expression Scholars Conference (Apr. 29, 2018).
  10. The Presidency Beyond Trump: The Perils of Judging Executive Action by Motives, NYU Law School (Mar. 30, 2018).
  11. The Irrepressible Myths of Cooper v. Aaron, Northern Kentucky University Faculty Workshop (Mar. 14, 2018).
  12. Presentation on Barnett/Blackman Casebook at “Civil Education in the Time of Upheaval,” University of Texas, Austin (Feb.16, 2018).
  13. Fake News and the First Amendment, Houston Bar Association (Feb. 3, 2018).
  14. Sanctuary Cities and the Constitutionality of 8 U.S.C. 1373, University of Pennsylvania Journal of Constitutional Law Symposium (Jan. 26, 2018).
  15. Panelist on “Why Intellectual Diversity Matters,” AALS 2018 annual conference (Jan. 6, 2018) (Audio).
  16. Presentation of “Judicial Universality,” AALS 2018 annual conference (Jan. 5, 2018) (Audio).
  17. Panelist on “Federalism and Sanctuary Cities,” AALS 2018 annual conference (Jan. 4, 2018) (Audio of conclusion).

 

Other Presentations

  1. “Technology, Social Media & Professional Ethics”, 2018 FedSoc National Lawyer’s Convention – (11/17/18).
  2. 1st Amendment, 2nd Amendment, and 3D-Printed Guns, Temple Federalist Society Chapter (11/15/18).
  3. Panel discussion on Free Speech on Campus, Cardozo Federalist Society Chapter (11/14/18)
  4. Debate on Hate Speech with Jeremy Waldron, NYU Federalist Society Chapter (11/13/18).
  5. SCOTUS Roundup, South Texas College of Law Federalist Society Chapter (Nov. 12, 2018).
  6. 1st Amendment, 2nd Amendment, and 3D Printed Guns, Columbia Federalist Society Chapter (11/8/18).
  7. 1st Amendment, 2nd Amendment, and 3D-Printed Guns, FIU Federalist Society Chapter (11/6/8).
  8. Panel on Presidential Tweets, ABA Administrative Law Section (Nov. 1, 2018).
  9. The Legal Resistance, BYU Federalist Society Chapter (10/30/18).
  10. Panel Discussion on ABA Model Rule 8.4(g), Arizona State Federalist Society Chapter (Oct. 25, 2018).
  11. 1st Amendment, 2nd Amendment, and 3D-Printed Guns, Memphis University Law School Federalist Society Chapter (Oct. 23, 2018).
  12. SCOTUS Roundup, Brooklyn Law School Federalist Society Chapter (Oct. 18, 2018).
  13. Federalist Society Teleforum on ABA Model Rule 8.4(g) (Oct. 18, 2018).
  14. Panel discussion on U.S. Constitution, Houston Downtown Rotary Club Meeting (Oct. 17, 2018).
  15. Panel Discussion – Free Speech on Campus, UNC Law School (10/16/18).
  16. LeFrak Forum & Reason Foundation Debate on the federal immigration power, Michigan State University (Oct. 13, 2018).
  17. Debate on Campus Free Speech, Notre Dame Federalist Society Chapter (Oct. 11, 2018).
  18. Supreme Court Roundup, Michigan State Federalist Society Chapter (Nov. 11, 2018).
  19. 1st Amendment, 2nd Amendment, and 3D-Printed Guns – Chicago-Kent Federalist Society Chapter (10/9/18).
  20. Free Speech on Campus, Northwestern Federalist Society Chapter (10/9/18).
  21. Panel Discussion on DACA, Cornell Law School Event at NYC Bar (10/5/18).
  22. 1st Amendment, 2nd Amendment, and 3D-Printed Guns, Colorado University Federalist Society (10/4/18)
  23. Diversity of Opinion and Campus Speech, American University Project on Civil Discourse (9/27/18).
  24. Debate on the Judicial Resistance: University of Texas Federalist Society Chapter (10/2/18).
  25. Presenter at #CatoDigital—The Right to Bear 3D-Printed Arms: A First and Second Amendment Issue (9/27/18).
  26. Perspectives on “Privileges or Immunities,” George Mason University School of Law (9/21/18)
  27. Debate: The Future of Free Speech in America, Georgetown University Law Center (9/17/18).
  28. Presentation on Hawaii v. Trump, Cato Constitution Day (9/17/18).
  29. The Future of DACA, Case Western Law School Federalist Society Chapter (Sep. 13, 2018).
  30. 1st Amendment, 2nd Amendment, and 3D-Printed Guns, Texas A&M Law School Federalist Society Chapter (9/6/18)
  31. 1st Amendment, 2nd Amendment, and 3D-Printed Guns, University of Arizona Federalist Society Chapter (8/30/18).
  32. State Judges, Federal Courts, and Judicial Supremacy, Samford University Federalist Society Chapter (8/28/18).
  33. Supreme Court Roundup, University of Houston Law Center Federalist Society Chapter (8/29/18)
  34. Lecture on the History of the 13th and 14th Amendments, The Houston Federal Bar Association (8/16/18)
  35. Supreme Court Roundup at University of Houston Law Center (9/23/18).
  36. “The Importance of Free Speech on Campus” – Orlando Federalist Society Lawyer’s Chapter (7/11/18).
  37. Debate on the DACA Rescission, NYC Federalist Society Lawyers Chapter (June 7, 2018).
  38. Free Speech on Campus, Educational Writers Association National Seminar (May 16, 2018).
  39. Cosmic Injunctions and DACA, Chicago Federalist Society Lawyers Chapter (May 15, 2018).
  40. Debate: The Affordable Care Act, Boston College Federalist Society Chapter (Apr. 18, 2018).
  41. Predicting the Supreme Court, Vermont Law School Federalist Society Chapter (Apr. 12, 2018).
  42. Debate: Restoring the Lost Confirmation, Roger Williams Federalist Society Chapter (Apr. 12, 2018).
  43. Debate on the Emoluments Clauses: University of Chicago Federalist Society Chapter (Apr. 9, 2018).
  44. Panel Discussion on Immigration, University of North Dakota Federalist Society Chapter (Apr. 6, 2018) (Video).
  45. Predicting the Supreme Court, Rutgers-Camden Federalist Society Chapter (Apr. 4, 2018).
  46. Debate: The Second Amendment after Parkland, SMU Federalist Society and American Constitution Society (Apr. 2, 2018).
  47. Presidential Maladministration, NYU Federalist Society Chapter (Mar. 28, 2018).
  48. Bioethics and the Supreme Court, Villanova Federalist Society Chapter (Mar. 28, 2018).
  49. Economic Liberty and the Criminal Law, Waynesburg University (Mar. 15, 2018).
  50. Richard Cordray, Donald Trump, and the CFPB: Constitutional Questions, Cincinnati Federalist Society Lawyers Chapter (Mar. 15, 2018).
  51. Debate on the Travel Ban, Northern Kentucky University Federalist Society Chapter (Mar. 13, 2018).
  52. The Travel Ban and Sanctuary Cities, Indianapolis Federalist Society Lawyers Chapter (Mar. 12, 2018).
  53. Becoming an Academic: 2018 Federalist Society National Student Symposium (Mar. 10, 2018).
  54. Debate on Sanctuary Cities, McGeorge Federalist Society Chapter (Mar. 7, 2018) (Video).
  55. Debate on the Travel Ban, Santa Clara Federalist Society Chapter (Mar. 5, 2018).
  56. Fake News and the First Amendment, Houston Bar Association (Feb. 3, 2018).
  57. Debate on the Travel Ban, BYU Federalist Society Chapter (Feb. 28, 2018)
  58. Pidgeon v. Turner: The Status of Same-Sex Marriage in the Lone Star State, Houston Bar Association (Feb. 23, 2018).
  59. Debate on the Travel Ban, Washington University Federalist Society Chapter (Feb. 13, 2018).
  60. Free Speech and Intellectual Diversity in Law Schools, Southern Illinois Federalist Society Chapter (Feb. 12, 2018).
  61. Trump v. CFPB, Dallas Federalist Society Chapter (Feb. 9, 2018).
  62. Bioethics and the Supreme Court, Cumberland Law School Federalist Society Chapter (Feb. 7, 2018).
  63. Restoring the Lost Confirmation, Chicago-Kent College of Law Federalist Society Chapter (Feb. 5, 2018).
  64. Health Care Reform, DePaul Federalist Society Chapter (Feb. 5, 2018).
  65. Debate on the DACA Rescision, Rhode Island Federalist Society Chapter (Feb. 2, 2018).

 

Commentary

  1. Understanding the New Obamacare Decision, Texas v. United States: Part II, The Volokh Conspiracy (Dec. 17, 2018).
  2. Understanding the New Obamacare Decision, Texas v. United States: Part I, Volokh Conspiracy (Dec. 15, 2018).
  3. Birthright Citizenship Is a Constitutional Mandate, Wall Street Journal (Oct. 31, 2018) (Reprint).
  4. Silencing of a Conservative Speaker, Human Rights Magazine (Sep. 1, 2018).
  5. Corpus Linguistics and the Second Amendment, Harvard Law Review Blog (Aug. 7, 2018).
  6. Who Was Right About the Emoluments Clauses? Judge Messitte or President Washington?, Volokh Conspiracy (Aug. 3, 2018).
  7. Is Robert Mueller an ‘Officer of the United States’ or an ‘Employee of the United States’?, Lawfare (July 23, 2018).
  8. Can the Special Counsel Regulations Be Unilaterally Revoked?, Lawfare (July 5, 2018).
  9. Five Unanswered Questions From Trump v. Hawaii, Lawfare (July 3, 2018).
  10. Don’t Try to Expand the Number of Supreme Court Justices, National Review (July 5, 2018).
  11. The Room Where It Happens, National Review (June 28, 2018).
  12. What Obstruction Law Applies to the President?, Lawfare (June 6, 2018).
  13. Conservative and Libertarian Lawyers in the Era of Trump, Lawfare (May 29, 2018).
  14. Dueling Cosmic Injunctions, DACA and Departmentalism, Lawfare (May 22, 2018).
  15. The Easy Way Forward on Trump v. Hawaii, Lawfare (Apr. 25, 2018).
  16. CUNY Law students heckled my talk on campus free speech, NY Daily News (Apr. 21, 2018).
  17. Students at CUNY Law Protested and Heckled My Lecture about Free Speech on Campus, National Review (Apr. 12, 2018).
  18. Testing California’s “Sanctuary Law,” Wall Street Journal (Mar. 13, 2018) (with Ilya Shapiro) (Reproduction).
  19. The Travel Ban, Article II, and the Nondelegation Doctrine, Lawfare (Feb. 22, 2018).
  20. The Judiciary Learns To Equilibrate Between the President and the Legal Resistance, Lawfare (Feb. 15, 2018).
  21. On the Judicial Resistance, Lawfare (Feb. 12, 2018).
  22. The Emoluments Clauses Litigation, Part 8: There is no cause of action for a suit against the President in his individual capacity for purported violations of the Emoluments Clauses, Reason (Feb. 8, 2018).
  23. The Emoluments Clauses Litigation, Part 7: The President’s Acceptance or Receipt of Profits is not “Executive Action”, Reason (Feb. 7, 2018).
  24. The Emoluments Clauses Litigation, Part 6: Are the Claims Against the President in his Official or Individual Capacity?, Reason (Feb. 6, 2018).
  25. Trump Tried to Fire Mueller. So What?, Politico Magazine (Jan. 26, 2018).
  26. Understanding Sessions’s Justification to Rescind DACA, Lawfare (Jan. 16, 2018).
  27. Judge Alsup’s Flawed Legal Premise, Lawfare (Jan. 11, 2018).
  28. A Ludicrous Ruling that Trump Can’t End DACA, National Review (Jan. 10, 2018).
  29. Manafort v. DOJ: The Wolf That Didn’t Bark, Lawfare (Jan. 3, 2018).

 

Media

  1. Quoted in ObamaCare mandate says goodbye in 2019, as health law faces new threat, Fox News (Dec. 29, 2018).
  2. Guest on Airtalk (NPR) – Gun Rights and Credit Card Companies (12/27/18).
  3. Quoted in New Fronts in the Battle Over Chinuch, Ami Magazine (Dec. 26, 2018).
  4. Quoted in Resistance grows toward 3D-printed gun plans’ restriction, Washington Times (Dec. 25, 2018).
  5. Quoted in Trump’s Stand on Saudi Murder Boosts Emoluments Lawsuit, AGs Say, Bloomberg (Dec. 21, 2018).
  6. Guest on National Constitution Center Podcast – Constitutional Year in Review (Dec. 20, 2018).
  7. Quoted in By gutting Obamacare, Judge Reed O’Connor handed Texas a win. It wasn’t the first time, The Texas Tribune (Dec. 19, 2018).
  8. Quoted in ‘Stab in the back’: Gun activist hard-liners accuse Trump of betrayal over ‘bump stock’ ban, Washington Examiner (Dec. 19, 2018).
  9. Guest on NPR All Things Considered – New Obamacare Ruling (Dec. 19, 2018).
  10. Guest on Mack on Politics Podcast to discuss ACA Ruling (12/18/18).
  11. Quoted in A look at the low-key Texas judge who tossed Obamacare shows a history of notable conservative cases, Dallas Morning News (Dec. 18, 2018).
  12. Guest on WWL News to discuss ACA Decision (12/17/18).
  13. Quoted in Controversial ruling on health care law could face a skeptical Supreme Court — if it gets there, Washington Post (Dec. 17, 2018).
  14. Quoted in Trump Picks More ‘Not Qualified’ Judges, Bloomberg BNA (Dec. 17, 2018).
  15. Quoted in U.S. healthcare stocks drop after judge rules Obamacare unconstitutional, Reuters (Dec. 17, 2018).
  16. Quoted in ACA Obligations Remain in Place Despite Court Ruling, Society for Human Resource Management (Dec. 17, 2018).
  17. Quoted in U.S. Makes Unusual Request In Transgender Military Ban Case, Bloomberg BNA (Dec. 13, 2018).
  18. Quoted in Cautious after Kavanaugh furor, Supreme Court braces for controversy, Washington Examiner (Dec. 13, 2018).
  19. Guest on SCOTUS 101 Podcast (Dec. 12, 2018).
  20. Guest on KURV Radio to Discuss Cohen guilty plea (12/12/18)
  21. Quoted in Whether a president can be prosecuted remains in dispute, AP (Dec. 8, 2018).
  22. Guest on Airtalk (NPR) – Discussing Social Media Checks for Handgun Licenses (12/7/18).
  23. Quoted in Texas Case to Test Limits of Social Media Free Speech, 1200 News Radio WOAI (Dec. 7, 2018).
  24. Quoted in Project on Civil Discourse works to teach community about freedom of speech through events, The American University Eagle (Dec. 7, 2018).
  25. Quoted in The treatment of Nimesh Patel at Columbia proves campuses have a serious free-speech problem, New York Daily News (Dec. 5, 2018).
  26. Quoted in The Obama Judge and the Foundations of the Rule of Law, Jurist (Dec. 2, 2018).
  27. Quoted in Trump gambled big on sanctuary cities. Could he lose big?, San Francisco Chronicle (Dec. 1, 2018).
  28. Interviewed by High School SCOTUS (Nov. 27, 2018).
  29. Quoted in Chief Justice Defends Judicial Independence After Trump Attacks ‘Obama Judge’, New York Times (Nov. 21, 2018).
  30. Quoted in Chief Justice Roberts chides Trump: No such thing as ‘Obama judges’, Washington Times (Nov. 21, 2018).
  31. Quoted on the Rachel Maddow Show, MSNBC (Nov. 16, 2018).
  32. Quoted in Texas businessman challenges acting AG’s legality, Politico (Nov. 15, 2018).
  33. Guest on The Michael Berry Show (KTRH) to discuss Birthright citizenship (11/14/18)
  34. Quoted in Can CNN beat the White House in court? Look to the case 40 years ago of a loner journalist named Robert Sherrill., The Washington Post (Nov. 14, 2018).
  35. Quoted in How Guns Became the New Free Speech, The New New (Nov. 13, 2018).
  36. Quoted in With Brett Kavanaugh confirmed, Arizona cross-border shooting case heads to Supreme Court, Arizona Republic (Nov. 9, 2018).
  37. Quoted in Ladies First at Supreme Court Oral Arguments, Bloomberg BNA (Nov. 9, 2018).
  38. Quoted in Judge Orders Evidence to Be Gathered in Emoluments Case Against Trump, New York Times (Nov. 2, 2018).
  39. Quoted in Dark Days for Democracy, The Washington Post (Nov. 2, 2018).
  40. Quoted in Is Gun-Printing Software Protected Speech?, Reason (Nov. 1, 2018).
  41. Interviewed about Trump’s desire to end birthright citizenship on WBAL’s News Now with Bryan Nehman (10/31/18).
  42. Quoted in Trump announces plan to end birthright citizenship by executive order, Politico (Oct. 30, 2018).
  43. Interviewed about Trump’s desire to end birthright citizenship on KRLD’s The Mitch Carr Show (10/30/18).
  44. Quoted in Trump wants to end birthright citizenship. A judge he appointed says he can’t, Washington Post (Oct. 30, 2018).
  45. Quoted in Legal scholars dismiss Trump’s plan to challenge Constitution’s protection for citizenship at birth, L.A. Times (Oct. 30, 2018).
  46. Quoted in Trump vows executive order to end birthright citizenship, despite legal questions, Houston Chronicle (Oct. 30, 2018).
  47. Quoted in Jeff Sessions Lauded New ‘Originalist’ Majority at Supreme Court. Not So Fast, National Law Journal (Oct. 19, 2018).
  48. Quoted in Court-packing neither realistic nor desirable, Conservative Daily News (Oct. 19, 2018).
  49. Quoted in Dems Lost Kavanaugh Fight, So Now They Want to Change the Rules, Lifezette (Oct. 12, 2018).
  50. Quoted in Trump picks openly gay member of LGBT law group for liberal Ninth Circuit court, LifeSite (Oct. 12, 2018).
  51. Quoted in Professors debate free speech and protest, Notre Dame Observer (Oct. 11, 2018).
  52. Cited in GOP fractured over filling Supreme Court vacancies in 2020, The Hill (Oct. 11, 2018).
  53. Guest on WBAL’s News Now with Bryan Nehman to discuss SCOTUS (10/8/18)
  54. Quoted in Justice Kavanaugh could have big impact early on Supreme Court, Washington Times (Oct. 8, 2018).
  55. Featured in A Reflection on “A Conversation with Josh Blackman”, Real Talk (Oct. 2, 2018).
  56. Cited in Is the presidency ‘under’ the U.S.? A constitutional time-bomb ticks, National Post (Oct. 1, 2018).
  57. Quoted in Nominee’s attack on Democrats poses risk to Supreme Court, AP (Sep. 28, 2018).
  58. Quoted in Baranyai: Clash of competing rights turning into a gun fight, The Province (Sep. 28, 2018).
  59. Guest on NPR All Things Considered to Discuss #SCOTUS (9/27/18).
  60. Quoted in Defense Distributed’s new era—Cody Wilson resigns, former arts professional steps in, Ars Technica (Sep. 25, 2018).
  61. Quoted in THE 3-D PRINTED GUN MACHINE ROLLS ON, WITH OR WITHOUT CODY WILSON, Wired (Sep. 25, 2018).
  62. Quoted in 3-D Printed Gun Advocate Cody Wilson Quits Company He Founded, New York Times (Sep. 25, 2018).
  63. Quoted in 3D-printed gun company cuts ties with Cody Wilson, Spectrum News (Sep. 25, 2018).
  64. Guest on 1A to discuss SCOTUS, National Public Radio (9/24/18).
  65. Guest on Making Money to discuss SCOTUS, Fox Business Network (9/21/18).
  66. Quoted in Is the hyper-partisan Supreme Court confirmation process ‘the new normal’?, PBS News Hour (Sep. 13, 2018).
  67. Quoted in Why Supreme Court nominees shouldn’t testify, Chicago Tribune (Sep. 7, 2018).
  68. Quoted in Dems Suffer Odd Paranoia About Kavanaugh and Obamacare, LifeZette (Sep. 7, 2018).
  69. Quoted in City Attorney Mike Feuer sued by firearms blueprints distributor, LA Hub (Sep. 6, 2018).
  70. Quoted in Accusations fly against Kavanaugh in craziest Supreme Court confirmation hearings in decades, Washington Times (Sep. 6, 2018).
  71. Quoted in DACA alive, barely, a year after Trump ended it, CNN (Sep. 5, 2018).
  72. Interviewed on WBAL’s News Now with Bryan Nehman to discuss SCOTUS Hearing (Sep. 5, 2018)
  73. Interviewed on KTRH Houston Radio about SCOTUS Hearing (Sep. 4, 2018).
  74. Guest on Airtalk KPCC to discuss Kavanaugh nomination (Sep. 4, 2018).
  75. Quoted in Obamacare returns to court in a new test for the 2010 law and millions who rely on it, L.A. Times (Sep. 4, 2018).
  76. Quoted in Brett Kavanaugh best described as ‘originalist,’ say legal scholars, Washington TImes (Sep. 3, 2018).
  77. Quoted in Trump Kept His Promise: America’s Courts Are Turning Conservative, DailyWire (Aug. 30, 2018).
  78. Interviewed on KLIF Radio about 3D-Printed Guns (Aug. 29, 2018).
  79. Quoted in Texas Firm Says It’s Taking Orders for 3-D Gun Blueprints, Bloomberg (Aug. 28, 2018).
  80. Quoted in Blocked From Posting Printable Gun Plans, Activist Will Mail Them Instead, New York Times (Aug. 28, 2018).
  81. Interviewed on Sirius XM’s The Wilkow Majority about Defense Distributed (8/28/18).
  82. Quoted in 3-D printed gun blueprints for sale after U.S. court order, group says, Reuters (Aug. 28, 2018).
  83. Interviewed on FOX WFXR News Good Day Virginia @ 7 about Defense Distributed.
  84. Quoted in Blocked from giving away 3D-printed gun blueprints, Texas man says he’s selling them instead, The Texas Tribune (Aug. 28, 2018).
  85. Guest on Defense Distributed Lawyer Josh Blackman on 3D-Printed Guns and Free Speech: Podcast, Reason (Aug. 28, 2018).
  86. Featured in Can the President Block You on Twitter?, Federalist Society Video (Aug. 28, 2018).
  87. Quoted in Judge Extends 3-D Printed Gun Ban Pending State Challenge, BLoomberg (Aug. 27, 2018).
  88. Quoted in Federal judge blocks publication of 3-D printed gun blueprints, Washington Post (Aug. 27, 2018).
  89. Quoted in 3-D Printed Gun Plans Must Stay Off Internet for Now, Judge Rules, New York Times (Aug. 27, 2018).
  90. Quoted in What’s so Unsettling to Sen. Schumer About “Settled Law?”, Inside Sources (Aug. 22, 2018).
  91. Quoted in Judge expected to rule by Aug. 27 in 3D-printed gun file case, Washington Times (Aug. 21, 2018).
  92. Guest on Sirius XM’s Stand Up! with Pete Dominick to discuss Defense Distributed (8/17/18)
  93. Interviewed on Cato Daily Podcast about Defense Distributed (Aug. 14, 2018).
  94. Quoted in DACA Could Face Its Effective End With Conflicting Court Orders, Bloomberg BNA (Aug. 10, 2018).
  95. Quoted in West Virginia experts: 3D printing technology not designed for firearms, Williamson Daily News (Aug. 9, 2018).
  96. Quoted in , ‘A little anarchist in Austin’: 3-D gunmaker pledges to continue fight for homemade guns despite pushback, Washington Post (Aug. 9, 2018).
  97. Quoted in The Second Amendment: A New Litmus Test?, National Review (Aug. 8, 2018).
  98. Quoted in Seattle judge blocks Austin company from posting 3D gun blueprints, Austin-American Statesman (Aug. 6, 2018).
  99. Quoted in 3D-printed (and CNC-milled) guns: Nine questions you were too afraid to ask, Ars Technica (Aug. 5, 2018).
  100. Quoted in Why Cody Wilson, the man behind the 3D-printed gun, says he’ll keep fighting — and win, Philadelphia Inquirer (Aug. 4, 2018).
  101. Guest on KCRW – Left, Right, and Center – Defense Distributed (8/3/18)
  102. Quoted in LA Council Considers Criminalizing 3D Guns, CBS Los Angeles (Aug. 3, 2018).
  103. Quoted in More states sue to stop online plans for 3D-printed guns, AP (Aug. 3, 2018).
  104. Interviewed on KURV Drive Time Radio about Defense Distributed (8/2/18)
  105. Quoted in The Important but Arcane Procedural Issue That Might Upend the Restraining Order Against Defense Distributed, Reason (Aug. 2, 2018).
  106. Quoted in 3D-printer gun plans proliferate despite court action, Austin-American Statesman (Aug. 2, 2018).
  107. Guest on Sirius XM’s The Wilkow Majority – Defense Distributed (8/1/18).
  108. Quoted in Ruling Forces Website to Suspend Downloads For 3D Painted Guns, CNN (Aug. 1, 2018).
  109. Quoted in 3D Hysteria, The Weekly Standard (Aug. 1, 2018).
  110. Quoted in Why the Legal Battle Over 3D-Printed Guns May Prove Futile, Time (Aug. 1, 2018).
  111. Quoted in White House: DOJ didn’t consult Trump on 3D-printed guns, AP (Aug. 1, 2018).
  112. Interviewed on KLBJ Radio about Defense Distributed (Aug. 1, 2018).
  113. Featured in Josh Blackman’s Excellent Fight For Free Speech, Simple Justice (Aug. 1, 2018).
  114. Quoted in Dispute Over 3D-Printed Guns Raises Many Legal Issues, AP (Aug. 1, 2018).
  115. Quoted in Trump sides with judge who blocked release of 3-D printed gun blueprints, New York Post (Aug. 1, 2018).
  116. Guest on Fox News Rundown – Defense Distributed (8/1/18).
  117. Quoted in Federal judge orders temporary halt on distributing blueprint plans for making 3D-printed ‘ghost guns’, New York Daily News (July 31, 2018).
  118. Quoted in Federal judge blocks posting of blueprints for 3-D-printed guns hours before they were to be published, Washington Post (July 31, 2018).
  119. Guest on CBS News Philadelphia on Defense Distributed (7/31/18).
  120. Featured on KVRR News – Defense Distributed (7/31/18).
  121. Guest on Fox 5 News – NY Discussing Defense Distributed (7/31/18).
  122. Featured on Fox News Alert – Defense Distributed (7/31/18).
  123. Guest on WCBS Radio 880 – Defense Distributed (7/31/18).
  124. Featured on KWY Radio – Defense Distributed (7/31/18).
  125. Guest on CBS News Philadelphia, (7/31/18).
  126. Quoted in Judge blocks release of 3-D printable guns; what’s at stake in the debate over homemade firearms, Dallas Morning News (July 31, 2018).
  127. Quoted in Judge Blocks Attempt to Post Blueprints for 3-D Guns, New York Times (7/31/18).
  128. Quoted in More than 1,000 people have already downloaded plans to 3-D print an AR-15, CNN (July 31, 2018).
  129. Featured on Special Report with Bret Baier, Fox News Channel, Discussing Defense Distributed (7/31/18).
  130. Guest on Fox Business Network – Making Money with Charles Payne to Discuss Defense Distributed (July 31, 2018).
  131. Guest on WHYY Philadelphia Public Radio – Defense Distributed (7/31/18).
  132. Interviewed on PBS News Hour about Defense Distributed (7/31/18)
  133. Quoted in U.S. judge halts 3-D printed gun blueprints hours before planned release, Reuters (July 31, 2018).
  134. Quoted in Plans for 3D-printed ‘ghost guns’ go online Wednesday as Gov. Cuomo and other pols look to keep them out of New York, New York Daily News (July 31, 2018).
  135. Quoted in Data allowing people to print out their own guns temporarily blocked from Internet in Pa. after legal pressure, Washington Post (July 30, 2018).
  136. Quoted in States suing Trump administration, company over 3D guns, AP (July 30, 2018).
  137. Quoted in N.J., Pa. join effort to block online instructions for 3D-printed guns, WHYY Public Radio (July 30, 2018).
  138. Quoted in Defense Distributed Sues New Jersey, Los Angeles Over Legal Threats, Reason (July 29, 2018).
  139. Interview on Fox 5 New York to Discuss Defense Distributed Suit (July 28, 2018).
  140. Quoted in Gun Control Groups Fail to Stop Distribution of Gun-Making Computer Files, Reason (July 28, 2018).
  141. Quoted in U.S. judge denies gun control groups’ attempt to block 3-D gun blueprints, Reuters (July 27, 2018).
  142. Quoted in Gun control advocates can’t stop group from posting instructions to 3-D print a gun, CNN (July 27, 2018).
  143. Quoted in Brett Kavanaugh likely to disappoint conservatives with recusals, Washington Times (July 26, 2018).
  144. Quoted in Gun rights activists allowed to post plans for 3-D printed guns online, ABC 13 Houston (July 24, 2018).
  145. Quoted in Lawsuit settlement will allow online blueprints for 3D-printed guns, ABA Journal (July 24, 2018).
  146. Cited in 9th Circuit panel finds a constitutional right to openly carry a gun, distinguishes en banc decision, ABA Journal (July 24, 2018).
  147. Quoted in 3D Printed Gun Designs Are Getting a Relaxed New Approach from Regulators, Inverse (July 22, 2018).
  148. Quoted in Software for 3-D printed guns available Aug. 1, Washington TImes (July 20, 2018).
  149. Quoted in Americans can legally download 3-D printed guns starting next month, CNN (July 20, 2018).
  150. Quoted in University of Minnesota pronoun policy should not be enacted, Minneapolis Star Tribune (July 19, 2018).
  151. Quoted in Majority of Voters Back Term Limits for Supreme Court Justices, Morning Consult (July 18, 2018).
  152. Guest on on Texas Fetal Burial Law on Trial, 740 KTRH (July 18, 2018).
  153. Quoted in How Conservative Is Brett Kavanaugh?, FiveThirtyEight (July 17, 2018).
  154. Quoted in When District Judges Try to Run the Country, Wall Street Journal (July 17, 2018).
  155. Interviewed on KRLD Radio about 3D-Printed Gun Settlement (July 17, 2018).
  156. Quoted in Who’s the Texas man at the center of the debate over 3-D printable guns?, Dallas Morning News (Aug. 1, 2018).
  157. Quoted in It’s Definitely Time To Pack The Supreme Court, But For Entirely Practical Reasons, The Federalist (July 13, 2018).
  158. Interviewed on Fox 5 NY about Judge Kavanaugh and the Second Amendment (July 11, 2018).
  159. Interviewed on Radio America about Judge Kavanaugh’s Nomination (7/11/18).
  160. Guest on WBAL’s News Now with Bryan Nehman to discuss Kavanaugh Nomination (7/10/18).
  161. Guest on France 24 to Discuss Kavanaugh Nomination (7/10/18)
  162. Guest on the Michael Berry Show to Discuss Kavanaugh Nomination (7/10/18).
  163. Guest on BBC Your World to Discuss Kavanaugh Nomination (7/10/18).
  164. Guest on KLIF (Dallas) to discuss Kavanaugh Nomination (7/10/18)
  165. Quoted in Brett Kavanaugh’s Obamacare decision is a reason for concern, not panic, Washington Examiner (July 10, 2018).
  166. Quoted in Supreme Court opening: Indiana’s Amy Coney Barrett a favorite of grassroots conservatives, Indy Star (July 10, 2018).
  167. Guest on CBS Radio to discuss Supreme Court Nomination (7/9/18)

 

  1. Cited in US government drops prohibition on files for 3D printed arms, The Volokh Conspiracy (July 10, 2018).
  2. Guest on CBS News to discuss SCOTUS vacancy (July 9, 2018).
  3. Quoted in Trump poised to announce US Supreme Court nominee, Daily Mail AFP (July 9, 2018).
  4. Quoted in For President Trump, Supreme Court nomination may hinge on Brett Kavanaugh’s risks and rewards, July 6, 2018.
  5. Quoted in Banks Turn Against Gun Rights; What Can You Do?, America’s 1st Freedom (July 6, 2018).
  6. Guest on Airtalk KPCC on SCOTUS Nomination (July 5, 2018).
  7. Quoted in New justice could sway court on president’s personal cases, Politico (July 5, 2018).
  8. Quoted in Conservatives are seeking a Gorsuch 2.0 in Trump’s Supreme Court pick, CNN (July 4, 2018).
  9. Quoted in Unassuming figure with big voice on high court, CBS News (July 3, 2018).
  10. Quoted in New ad warns Trump’s Supreme Court nominee would scrap Obamacare’s ban on pre-existing conditions, Washington Examiner (July 2, 2018).
  11. Quoted in How Potential SCOTUS Pick Brett Kavanaugh Wrote A Roadmap For Saving Obamacare, The Federalist (July 2, 2018)
  12. Quoted in The supreme court has already reshaped America – here’s how, The Guardian (2018).
  13. Quoted in Court-Packing Is a Fringe Fantasy, National Review (July 2, 2018).
  14. Quoted in Rage at the End of Justice Kennedy’s Camelot, The Weekly Standard (June 30, 2018).
  15. Discussing President Trump’s list of replacements for Justice Anthony Kennedy on WBAP’s Morning News (7/1/18)
  16. Quoted in Nonprofits Divided On Future Of SCOTUS, The Nonprofit Times (June 29, 2018).
  17. Guest on The American Way with Ian Swanson to discuss Justice Kennedy’s retirement (6/28/18)
  18. Guest on CBS News to discuss Justice Kennedy’s retirement (June 28, 2018).
  19. Guest on WBAL’s News Now with Bryan Nehman to discuss J. Kennedy’s Retirement (6/28/18).
  20. Guest on WWL’s First News with Tommy Tucker to discuss Justice Kennedy’s Retirement (6/28/18)
  21. Guest on KLIF’s News & Information with Dave Williams & Amy Chodroff to discuss J. Kennedy’s Retirement (6/28/18)
  22. Quoted in Long-term justice: Younger Supreme Court candidates on Trump’s list favored, Washington Times (June 28, 2018).
  23. Quoted in Never predictable, Justice Anthony Kennedy leaves legacy in conservative, liberal decisions, ABA Journal (June 28, 2018).
  24. Quoted in Democrats gear up for a fierce and probably losing fight against Trump’s court pick, whoever it is, Yahoo News (June 28, 2018).
  25. Quoted in Justice Thomas Warns Against Power Grab by District Courts, LifeZette (June 27, 2018).
  26. Guest on Public Radio International The World to discuss the Travel Ban (June 27, 2018).
  27. Quoted in WHAT JUSTICE KENNEDY’S DEPARTURE COULD MEAN FOR THE SUPREME COURT, Ozy (June 27, 2018).
  28. Quoted in How the Supreme Court struck down a WWII-era travesty when it upheld Trump’s travel ban, Washington Post (June 27, 2018).
  29. Quoted in Travel ban ruling drops some tea leaves for Trump’s immigration agenda, CNN (June 27, 2018).
  30. Quoted in Anthony Kennedy: US supreme court justice to retire, The Guardian (June 27, 2018).
  31. Quoted in Activists see Anthony Kennedy retirement as chance to upend abortion law, Washington Examiner (June 27, 2018).
  32. Quoted in Who will pick up Kennedy’s bipartisan legacy on the court? No one, Yahoo News (June 27, 2018).
  33. Quoted in Supreme Court Justice Kennedy to Retire, Roll Call (June 27, 2018).
  34. Quoted in Ahead of the Curve: The Law School Treadmill, National Law Journal (June 26, 2018).
  35. Guest on Airtalk KPCC Public Radio to discuss travel ban (June 26, 2018).
  36. Guest on the Michael Berry Show to discuss Hawaii v. Trump (6/26/18).
  37. Guest on CBS Radio to Discuss Hawaii v. Trump (June 26, 2018).
  38. Quoted in In travel ban decision, Supreme Court shows judicial deference to presidency, Christian Science Monitor (June 26, 2018).
  39. Guest on Making Money, Fox Business Network, to discuss Hawaii v. Trump (6/26/18).
  40. Guest on the Michael Berry Show to Discuss Gerrymandering Cases (6/19/18).
  41. Quoted in Two Houston strip clubs sue city, claiming 2013 sex business settlement amounts to extortion, The Houston Chronicle (June 5, 2018).
  42. Guest on WBAL’s News Now with Bryan Nehman to discuss Masterpiece Cakeshop Case (June 5, 2018).
  43. Guest on the Michael Berry Show (KTRH) to Discuss Masterpiece Cakeshop (6/4/18)
  44. Quoted in Trump, lawyers lay out expansive presidential powers view, Associated Press (June 4, 2018).
  45. Quoted in The odds are high that the Trump administration may hinge on a Supreme Court decision, Washington Post (June 4, 2018).
  46. Discussing Masterpiece Cakeshop Case – KRLD News (6/4/18).
  47. Quoted in Blockbuster term: Justices could determine limits of courts’ ability to check Trump administration, Washington Times (May 30, 2018).
  48. in What’s Missing From Stories on Campus Free Speech?, Education Writers Association (May 25, 2018).
  49. Guest on The Michael Berry Show to discuss ruling about the President’s Twitter account (May 24, 2018).
  50. Quoted in Gorsuch Takes Inside-Player Role in Second Term on Supreme Court, Bloomberg (May 24, 2018).
  51. Guest on the Michael Berry Show to discuss the Supreme Court (May 23, 2018).
  52. Cited in When it Comes to Sharing a Laugh at SCOTUS, the Late Justice Scalia is Still Supreme, Texas Lawyer (May 22, 2018).
  53. Quoted in Kennedy retirement rumors shift into overdrive, The Hill (May 21, 2018).
  54. Cited in First they came for Josh Blackman: why censorship isn’t the answer, Oxford University Press Blog (May 17, 2018).
  55. Quoted in PETA lawsuit against Texas A&M turns Facebook comments into a First Amendment issue, Houston Chronicle (May 16, 2018).
  56. Quoted in DACA’s legal labyrinth, Politico (May 14, 2018).
  57. Quoted in Mobs Against Our Rule, Townhall (May 6, 2018).
  58. Quoted in Five legal headaches facing Trump, The Hill (May 6, 2018).
  59. Quoted in Tennessee Again Rejects Anti-Discrimination Ethics Rule, Bloomberg BNA (May 1, 2018).
  60. Quoted in NBC reports Feds monitored Cohen’s phone, The Hill (May 3, 2018).
  61. Quoted in Parsing presidential intent, World (May 3, 2018).
  62. Guest on KURV to discuss the CUNY Protest (May 2, 2018).
  63. Quoted in Trump Claims Immunity In Bid To Ditch Emoluments Case, Law360 (May 2, 2018).
  64. Quoted in Texas lawsuit brings DACA déjà vu, CNN (May 2, 2018).
  65. Quoted in Does Mueller’s probe infringe upon Trump’s constitutional authority?, Yahoo News (May 2, 2018).
  66. Guest on the Texas Standard to discuss DACA Suit (May 2, 2018) (Audio).
  67. Cited in Free Speech Norms should be Different on a Law School Campus, The Faculty Lounge (May 2, 2018).
  68. Cited in Colleges: Anti-Diversity and Pro-Exclusion, Creators: Walter E. Williams (May 2, 2018).
  69. Quoted in As the Supreme Court considers Trump’s travel ban, some want justices to remember a case they decided 74 years ago, WUNC North Carolina Public Radio (May 2, 2018).
  70. Quoted in Lawyers have enhanced duty of confidentiality when engaging in public commentary, ABA Journal (May 1, 2018).
  71. Quoted in Administrators at CUNY and Duke Aren’t Going to Do Anything About Students Who Disrupted Events, Reason (Apr. 27, 2018).
  72. Quoted in 8 Minutes Hate, No Big Deal, Says CUNY Law Dean, Forbes (Apr. 27, 2018).
  73. Quoted in US judge rules against Trump move to end DACA program, Tri-Lake Tribune (Apr. 27, 2018).
  74. Guest on National Constitution Center – We the People Podcast: The Supreme Court considers the travel ban case (April 26, 2018) (Audio).
  75. Guest on SCOTUS 101 Podcast (Apr. 26, 2014).
  76. Quoted in La corte no permite a Trump finalizar DACA, pero abre la puerta a una victoria en la apelación, La Grane Poca (Apr. 26, 2014).
  77. Supreme Court Notebook, A.P. (Apr. 26, 2018).
  78. Quoted in Experts Say Trump Has Strong Position in Supreme Court’s Travel Ban Case, Lifezette (Apr. 25, 2018).
  79. Quoted in As College Decision Day Approaches, Parents Should Beware, Townhall (Apr. 25, 2018).
  80. Quoted in Kennedy, conservatives appear to back Trump on travel ban, CNN (Apr. 25, 2018).
  81. Guest on WBAL News Now with Bryan Nehman to discuss the Travel Ban (Apr. 25, 2018).
  82. Guest on KTRH’s Houston Morning News to discuss the Travel Ban (Apr. 25, 2018).
  83. Guest on KPCC’s AirTalk with Larry Mantle to discuss the Travel Ban (Apr. 25, 2018).
  84. Guest on BBC World Service to discuss the Travel Ban Case (Apr. 25, 2018).
  85. Quoted in Courts Give Trump a Possible Path Through a Legal Minefield on Immigration, New York Times (Apr. 25, 2018).
  86. Quoted in As Supreme Court hears travel ban, questions of presidential authority also on docket, Christian Science Monitor (Apr. 25, 2018).
  87. Quoted in Why All Libertarians Should Hope that the Supreme Court Throws Out Trump’s Travel Ban, Reason (Apr. 25, 2018).
  88. Quoted in When childish law students protest against speech with impunity, we all lose, The Hill (Apr. 25, 2018).
  89. Quoted in Supreme Court appears split on Trump’s travel ban, Politico (Apr. 25, 2018).
  90. Quoted in As Trump travel ban (finally) reaches Supreme Court, his talk and tweets are center stage, USA Today (Apr. 24, 2018).
  91. Quoted in Federal judge orders complete restart of DACA, Washington Times (Apr. 24, 2018).
  92. Quoted in The Supreme Court is about to weigh in on Trump’s Muslim ban, Salon (Apr. 24, 2018).
  93. Cited in The Problem With Social Media Isn’t The Media, It’s The Social, The Federalist (Apr. 24, 2018).
  94. Quoted in Trump’s Travel Ban Comes Before Supreme Court in Test of Presidential Power, Bloomberg (Apr. 23, 2018).
  95. Quoted in Supreme Court justices to weigh in on Trump’s powers with travel ban case, Washington Times (Apr. 23, 2018).
  96. Cited in Student group disrupted law professor’s talk because dean ‘failed to provide a safe space’, College Fix (Apr. 23, 2018).
  97. Cited in CUNY law students explain what protesters meant when they said ‘f**k the law’ at conservative speech, Twitchy (Apr. 23, 2018).
  98. Cited in CUNY National Lawyers Guild actually issued a Statement on “What We Mean When We Say “F*ck the Law’”, Legal Insurrection (Apr. 23, 2018).
  99. Quoted in Travel ban case comes as Supreme Court’s first dive into Trump Policy, A.P. (Apr. 23, 2018).
  100. Guest on WBUR’s On Point to discuss the travel ban (Apr. 23, 2018) (Audio).
  101. Quoted in CUNY law professors refuse to speak about student mob that disrupted scholar’s talk on free speech, The College Fix (Apr. 23, 2018).
  102. Quoted in Supreme Court takes on Trump’s travel ban, Washington Examiner (Apr. 23, 2018).
  103. Quoted in Senate Judiciary Committee drafts bill to protect Mueller from Trump firing, Washington TImes (Apr. 22, 2018).
  104. Quoted in In travel ban case, Supreme Court considers ‘the president’ vs. ‘this president’, Washington Post (Apr. 22, 2018).
  105. Quoted in Mobs Win at CUNY and Duke, Commentary (Apr. 22, 2018).
  106. Quoted in More campus concerns, The Oklahoman Editorial Board (Apr. 21, 2018).
  107. Quoted in Supreme Court to consider Trump’s travel ban, The Hill (Apr. 21, 2018).
  108. Quoted in ‘F*** the Law!’: CUNY Law School Students Disrupt Professor’s Lecture on Free Speech, Fox News (Apr. 19, 2018).
  109. Guest on Tucker Carlson Tonight, Fox New Channel to discuss CUNY Protest (Apr. 19, 2018) (Video).
  110. Quoted in On the ground in Josephine Co.: Why some want cannabis grows gone, Portland Business Journal (Apr. 19, 2018).
  111. Cited in Are CUNY Administrators Mobsters?, Accuracy in Academia (Apr. 19, 2018).
  112. Quoted in Heckled law prof: CUNY Law would have sicced cops on pro-life protest of Ruth Bader Ginsburg, The College Fix (Apr. 18, 2018).
  113. Guest on Federalist Society Podcast – Preview of Trump v. Hawaii (Apr. 16, 2018) (Audio).
  114. Cited in Yes, student protesters are capable of controlling themselves, The College Fix (Apr. 18, 2018).
  115. Quoted in Conservative Law Prof Heckled by CUNY Protestors Warns of Troubling Trend, National Law Journal (Apr. 17, 2018).
  116. Quoted in “‘It is a bizarre thing to say “f-ck the law” when you are in law school’” The College Fix (Apr. 17, 2018).
  117. Quoted in University won’t punish students who disrupted conservative professor’s speech, The College Fix (Apr. 17, 2018).
  118. Quoted in CUNY’s Law Dean Is Wrong About the Attempted Shutdown of Josh Blackman, Reason (Apr. 17, 2018).
  119. Cited in Blame The Left For The Rise Of Moralizing In America, The Federalist (Apr. 17, 2018).
  120. Guest on The Michael Berry Show to Discuss the CUNY Protest (Apr. 16, 2018).
  121. Cited in KCRW’s Left, Right, and Center (Apr. 15, 2018).
  122. Cited in Travel Ban Case Is Shadowed by One of Supreme Court’s Darkest Moments, N.Y. Times (Apr. 16, 2018).
  123. Quoted in CUNY Law’s Disgrace, City Journal (Apr. 16, 2018).
  124. Cited on WBAL’s Brett Hollander Show regarding CUNY Protest (Apr. 15, 2018).
  125. Guest on The Laura Ingraham Show to Discuss CUNY Law Protest (Apr. 13, 2018).
  126. Quoted in Using Speech to Disrupt Speech – Drawing Sensible, Constitutional Lines, In a Crowded Theater(Apr. 13, 2018).
  127. Quoted in ‘F*** the law’: Watch law students disrupt law professor’s speech. His topic is sadly ironic, The Blaze (Apr. 13, 2018).
  128. Guest on WLS’s Big John and Ramblin’ Ray to discuss CUNY Potest (Apr. 13, 2018) (Audio).
  129. Quoted in Campus free speech is threatened. But how much?, Washington Post (Apr. 13, 2018).
  130. Quoted in Professor Talks of Heckling — at Free Speech Lecture, Lifezette (Apr. 13, 2018).
  131. Quoted in CUNY students call law prof ‘racist’ for supporting free speech, Campus Reform (Apr. 13, 2018).
  132. Quoted in New York Law Student: ‘F*** The Law!’, Daily Caller (Apr. 12, 2018).
  133. Guest on Cam and Company, Student Hecklers Disrupt Campus Free Speech Lecture (Apr. 12, 2018) (Video).
  134. Quoted in CUNY Students Tried to Shout Down Josh Blackman. Here’s Why They Failed, Reason (Apr. 12, 2018).
  135. Quoted in CUNY Law Students Disrupt Free-Speech Lecture, National Review (Apr. 12, 2018).
  136. Quoted in Students At CUNY Attempt To Shut Down Speech By Law Professor Josh Blackman, Hot Air (Apr. 12, 2018).
  137. Quoted in Can Donald Trump fire Special Counsel Robert Mueller?, Politifact (Apr. 12, 2018).
  138. Quoted in Organized Heckling at CUNY School of Law of Prof. Josh Blackman Talk on Free Speech, Reason (Apr. 12, 2018).
  139. Quoted in Law Students Shout ‘F–k the Law’ While Disrupting Free Speech Lecture, Law & Crime (Apr. 12, 2018).
  140. Quoted in Justice Gorsuch forms conservative triumvirate on Supreme Court, Washington Times (Apr. 8, 2018).
  141. Guest on WNYC’s The Takeaway to discuss Justice Gorsuch’s first year (Apr. 10, 2018).
  142. Quoted in Four Circuits to Watch as Trump Nominees Face Time Hurdle, Bloomberg BNA (Apr. 4, 2018).
  143. Quoted in Justice Gorsuch confirms conservatives’ hopes, liberals’ fears in first year on Supreme Court, USA Today (April 8, 2018).
  144. Quoted in In Extraordinary Filing, Former Nat Sec Officials Urge SCOTUS To End Travel Ban, Daily Caller (April 6, 2018).
  145. Quoted in Trump v. California: The Biggest Legal Clashes, N.Y. Times (April 5, 2018).
  146. Quoted in The executive branch pushes the boundaries of the separation of powers, ABA Journal (April 1, 2018).
  147. Quoted in Judge’s death gives Trump the opportunity to overhaul the liberal 9th Circuit, Washington Examiner (Mar. 31, 2018).
  148. Guest on Fox 5 New York to discuss Justice Stevens’s proposal to repeal 2nd Amendment (Mar. 28, 2018).
  149. Quoted in Orange County Pushes Back against California’s Sanctuary-State Laws, National Review (Mar. 28, 2018).
  150. Quoted in New judicial litmus test, used to select Gorsuch, aims to shrink the ‘administrative state’, ABA Journal (Mar. 28, 2018).
  151. Guest on KLIF 570 News to discuss Justice Stevens’s proposal to repeal 2nd Amendment (Mar. 28, 2018).
  152. Guest on KNX Radio (Los Angeles) to discuss Justice Stevens’s proposal to repeal 2nd Amendment (Mar. 27, 2018).
  153. Quoted in Trump’s New Judicial Litmus Test: Shrinking ‘the Administrative State’, N.Y. Times (Mar. 26, 2018).
  154. Quoted in Justice Dept. Proposes Banning Bump Stocks, Setting Aside Its Own Recommendations, N.Y. Times (Mar. 23, 2018).
  155. Guest on AirTalk with Larry Mantle – 89.3 KPCC to discuss Zervos v. Trump (Mar. 21, 2018).
  156. Quoted in Trump’s Newest Tweet Target: Solicitor General Noel Francisco, National Law Journal (Mar. 21, 2018).
  157. Quoted in How Trump Could Fire Mueller, Valuewalk (Mar. 20, 2018).
  158. Quoted in Constitutional and legal ethics scholar Ronald Rotunda dies at 73, ABA Journal (Mar. 20, 2018).
  159. Mentioned on The Jim Bohnannon Show with respect to Obamacare individual mandate (Mar. 18, 2018).
  160. Quoted in The NRA’s lawsuit against Florida is flimsy, The Economist (Mar. 17, 2018).
  161. Guest on Daily Journal Podcast, “Sanctuary and Supremacy,” (Mar. 16, 2018).
  162. Quoted in Jeff Sessions made ‘error’ in DACA legal memo, says Justice Department, Washington Times (Mar. 14, 2018).
  163. Quoted in Defense Dept. charged nearly $140,000 at Trump branded properties, CNN (Mar. 14, 2018).
  164. Quoted in Jeff Sessions’ Case Against California’s Sanctuary Cities Is a Constitutional Loser, Reason (Mar. 14, 2018).
  165. Quoted in Pressured by Trump, A.T.F. Revisits Bump Stock Rules, N.Y. Times (Mar. 13, 2018).
  166. Guest on Supreme Court Landmark Case – Yick Wo v. Hopkins, C-SPAN (Mar. 12, 2018) (Video).
  167. Quoted in Can ‘Texas v. United States’ Set Us Free From Obamacare?, The American Spectator (Mar. 12, 2018).
  168. Quoted in Suing California: What Washington’s move means for future conflicts, Christian Science Monitor (Mar. 8, 2018).
  169. Guest on AirTalk with Larry Mantle – 89.3 KPCC to Discuss the new Sanctuary CIty suit (Mar. 7, 2018) (Audio)
  170. Quoted in Campus Speech Protest Draws Call to Discipline Law Students, Bloomberg Law (Mar. 7, 2018).
  171. Quoted in Lawyers for Mexican journalist blame his detention in the U.S. on Trump’s ‘anti-Mexican bias’,L.A. Times (Mar 6. 2018).
  172. Quoted in The Supreme Court May Revive a Legal Theory Last Used to Strike Down New Deal Laws, Slate (Mar. 5, 2018).
  173. Quoted in The resistance is using the courts to fight Trump, but Trump is winning there, too, Washington Examiner (Mar. 5, 2018).
  174. Quoted in DACA case could hit the Supreme Court in a matter of months, experts say, Washington Examiner (Mar. 5, 2018).
  175. Cited in Guns, Code, and Freedom, Reason (Mar. 3, 2018)
  176. Quoted in Texas Leads Novel Legal Approach to Taking Down Obamacare, Lifezette (Feb. 28, 2018).
  177. Quoted in Latest ACA Assault Has Fighting Chance Despite Clear Flaws, Law 360 (Feb. 27, 2018).
  178. Quoted in States Sue to Overturn ObamaCare in Light of Mandate Penalty Repeal, The New American (Feb. 27, 2018).
  179. Quoted in 20 states sue to kill Obamacare, citing Trump’s mandate repeal, Washington Times (Feb. 26, 2018).
  180. Quoted in 20 states sue Trump administration to end Obamacare after mandate repeal, Washington Examiner (Feb. 26, 2018).
  181. Guest on “The American Way” to discuss the Supreme Court (Feb. 24, 2018).
  182. Quoted in Trump’s Justice Department reverses Obama stance on requiring union dues, Washington Times (Feb. 12, 2018).
  183. Quoted in What is obstruction of justice?, The Hill (Feb. 10, 2018).
  184. Quoted in Nunes: We’ve ‘grappled’ with approaching Chief Justice Roberts, The Hill (Feb. 7, 2018).
  185. Quoted in Federal Appeals Judge: Don’t End Nationwide Injunctions, National Law Journla (Jan. 26, 2018).
  186. Guest on National Constitution Center Podcast: The Constitution in Year One of the Trump Administration (Jan. 25, 2018) (Audio).
  187. Guest on KUT Austin Public Radio to discuss Mance v. Sessions (Jan. 24, 2018).
  188. Guest on Lou Dobbs Tonight, Fox Business Network (Jan. 23, 2018).
  189. Quoted in Trump coloca en los tribunales un número récord de jueces en su primer año, El Diario (Jan. 18, 2018).
  190. Quoted in The Trump administration is keeping DACA on life support, Vox (Jan. 18, 2018).
  191. Guest on the Texas Standard (KUT) to Discuss Nationwide Injunctions (Jan. 17, 2018) (Audio).
  192. Quoted in Justice Department will ask Supreme Court for direct review of judge’s DACA injunction, ABA Journal (Jan. 16, 2018).
  193. Featured on WHBL Radio (Jan. 15, 2018).
  194. Featured on WOIA’s The Joe Pags Show (Jan. 15, 2018).
  195. Quoted in Judge’s DACA ruling seen by some legal scholars as problematic, report says, Fox News (Jan. 15, 2018).
  196. Quoted in A DACA Question: Should Judges Use Local Cases to Halt National Orders?, N.Y. Times (Jan. 14, 2018).
  197. Quoted in Trump’s own words have revived the debate over whether he’s racist, Associated Press (Jan. 13, 2018).
  198. Quoted in What Trump’s ‘s—hole’ comments could mean for travel ban 3.0, ABC News (Jan. 12, 2018).
  199. Quoted in Trump defends remarks about Africa, Haiti, Associated Press (Jan. 12, 2018).
  200. Quoted in Another judge looking for an anti-Trump medal, The American Thinker (Jan. 12, 2018).
  201. Cited in The president gives another gift to lawyers challenging his immigration orders, Washington Post (Jan. 12, 2018).
  202. Quoted in For Law Profs, Beware the Perils of Twitter, Law.com (Jan. 16, 2018).
  203. Quoted in Federal Judge “Absolutely” Exceeded Authority, CBS Philly (Jan. 11, 2018).
  204. Guest on the Michael Berry Radio Show KTRH House to discuss DACA (Jan. 11, 2018).
  205. Featured on WABC Red Eye Radio concerning DACA (Jan. 11, 2018).
  206. Quoted in Why a judge’s injunction on DACA is unlikely to stand, The Economist (Jan. 11, 2018).
  207. Featured on the Dana Loesch Radio Show concerning DACA (Jan. 10, 2018).
  208. Featured on the Mark Levin Show concerning DACA (Jan. 10, 2018).
  209. Cited in Build the Wall or Bust, Slate (Jan. 10, 2018).
  210. Featured on Lou Dobbs Tonight concerning DACA Ruling, Fox Business Network (Jan. 10, 2018) (Video).
  211. Cited in The Terrible DACA Ruling Is a Symptom of Our Constitutional Order’s Atrophy, National Review (Jan. 10, 2018).
  212. Guest on WPHT’s The Rich Zeoli Show to discuss DACA (Jan. 10, 2018).
  213. Interviewed on CW39 Houston Newsfix about DACA Decision (Jan. 10, 2018).
  214. Quoted in Judge rules DACA legal, blocks Trump’s decision to end program, Washington Times (Jan. 9, 2018)
  215. Quoted in Bid to federalize concealed carry puts GOP in unfamiliar territory, Christian Science Monitor (Jan. 9, 2018).
  216. Cited in Crowdsourcing “can accurately predict court decisions 80% of time” says study, LegalFutures (Jan. 8, 2018).
  217. Quoted in The Price of Trump: Year One Reflections on an Unconventional Presidency, Law and Liberty (Jan. 2, 2018).
  218. Quoted in Manafort Sues Rosenstein, Mueller and the DOJ, Patheos (Jan. 4, 2018).
  219. Cited in Does tax bill violate the Constitution by treating residents of high-tax states differently?, ABA Journal (Jan. 4, 2018).
  220. Guest on CTV (Canadian Television News) to discuss Manafort v. DOJ (Jan. 3, 2018)

Travel ban case likely to end up before Supreme Court in 2018, Washington Times (Dec. 31, 2017).

ConLaw Class 22 – Protecting “Dignity”

November 5th, 2018

The lecture notes are here.

Romer v. Evans

Here are the plaintiffs.

This is Colorado Governor Roy Romer.

Here is an advertisement urging people to vote Yes on Amendment 2. The caption reads “Stop special class status for homosexuality.”

This is an advertisement from the Colorado for Family Values, urging people to vote Yes on Amendment 2. It depicts parade marchers holding up a banner that reads “S/M Leather Contingency.”

Lawrence v. Texas

Here are photographs of John Geddes Lawrence and Tyron Garner, the Houston residents prosecuted under Texas’s sodomy statute.

houston-lawyer-mitchell-katine

lawrence-garner2

lawrence-victorious

pledge-allegiance

United States v. Windsor

This is Edie Windsor, the face of U.S. v. Windsor.

windsor

On the steps of the Supreme Court.

windsor

In 2012, 538 forecasted support of same-sex marriage over the next eight years. This did not turn out to be accurate.

future

On Tuesday, 10/27/15 Jim Obergefell and Eric Alva appeared at an event in Houston to discuss LGBT rights. Alva, whose name is probably less familiar, was the first Marine who was seriously injured in Iraq–he stepped on a land mine within three hours of arriving–and later championed the cause of repealing Don’t Ask, Don’t Tell. Obergefell, whose name you ought to know, was the lead plaintiff in the Supreme Court’s same-sex marriage decision last June. (He was the named party because his cert petition was filed first, and had the lowest docket number). It was a very interesting and engaging event, as the two offered their personal insights about their history and accomplishments.

Before the event, I asked Obergefell if he would sign my pocket constitution. I have a growing collection of Pocket Constitutions signed by various judges, scholars, and others who have some impact on the Constitution. I usually hand over the Constitution, and ask them to sign the inside cover. But, as I approached Obergefell, I opened it up to the 14th Amendment page. Back in 2008–shortly after Heller–I had asked Justice Scalia to sign my Constitution on the page with the 2nd Amendment. (He refused, twice, but I got him to sign it on the third try). Why not, I thought quickly, ask Obergefell to sign the 14th Amendment. It seemed fitting.

I handed him the Constitution, told him I was a law professor, and said I would be teaching his case in a few weeks. He was really friendly, and as he graciously signed it, as we chit-chatted for a few moments. There were a lot of people waiting to see him, so I didn’t keep him much longer. He wrote his name, and below that “Love Won!” It was poetic, both in terms of what, and where he wrote it.

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His message was indeed one of love. During the event, he told the heart-wrenching story of how his husband-to-be, John Arthur, was dying from ALS. (Remember the ice bucket challenge?). The couple flew on a medical plane to Maryland, where they were married on the tarmac, and immediately flew back to Ohio. Soon, suit was filed in federal district court in Ohio to modify Arthur’s death certificate, so that Obergefell would be listed as the spouse. The rest is, well, history.

But his inscription took on an even higher salience because of where he wrote it. In the Federalist Society Pocket Constitution I gave him (he didn’t note the irony), there is a blank space below Section 5 of the 14th Amendment. Obergefell, figuratively and literally, added a new section to the Constitution. Justice Kennedy’s majority opinion recognized love itself–not just “equal protection” or “due process of law”–as an interest protected by the Constitution. States that refused to recognize this “dignity” violated the Fourteenth Amendment. At the heart of this constitutional case was love.

With a few small scribbles, perhaps unwittingly, Obergefell aptly summarized everything his case was about from the moral and legal perspectives.

Here are a few other pictures from the event.

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In 2012, 538 forecasted support of same-sex marriage over the next eight years. This did not turn out to be accurate.

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ConLaw Class 19 – Equal Protection III

October 24th, 2018

The lecture notes are here.

Frontiero v. Richardson

This is Sharron and Joseph Frontiero

 

Craig v. Boren

Here is a photograph take in 1996 on the 20th anniversary of Craig v. Boren.


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The photo shows Fred Gilbert (criminal defense attorney who argued for Oklahoma), Carolyn Whitener (co-plaintiff and owner of Honk n Holler convenience store)
Justice Ginsburg (who argued the case), Curtis Craig (college student and co-plaintiff, now president of Explorer Pipeline Co.).

This is the Honk-N-Holler Grocery store, where the light-beer was sold.
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(Courtesy of Clare Cushman)

United States v. Virginia

This is the Virginia Military Institute.

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VMI

Here are some of the first female cadets that graduated from VMI.

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And here is Ruth Bader Ginsburg, also known as the Notorious R.B.G. (Yes, there is a tumblr)

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And here is a picture of Scalia and Ginsburg riding an elephant in India.

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Cleburne v. Cleburne Living Center

This is the location of the former Cleburne Living Center at 201 Featherton Street.

New Article: “The Once and Future Privileges or Immunities Clause”

September 12th, 2018

In 2010, on the eve of oral arguments in McDonald, Ilya Shapiro and I urged the Supreme Court to apply the right to arms against the states through the Privileges or Immunities Clause. And, we explained, the Court could do so without setting out aimlessly into the undiscovered country of untethered and unbounded unenumerated rights—by adapting the principles of Washington v. Glucksberg (1997). By only considering rights that are “deeply rooted” in our nation’s traditions, the Privileges or Immunities Clause could be cabined within the appropriate scope of historical practice without the flood waters rushing in. Alas, the Court didn’t take our bait—though curiously neither the majority nor dissenting opinions grappled with the privileges-or-immunities dimension.

Nearly nine years later, Ilya and I have returned to this topic. We will be presenting our paper, The Once and Future Privileges or Immunities Clause, at the 14th Amendment at 150 Conference.

Part I charts the birth and premature demise of the Privilege or Immunities Clause following the Slaughter-House Cases. Part II explores how McDonald v. Chicago had the potential to revive the Clause, but failed—or only succeeded in a necessary but solo concurring vote. Part III surveys how the lower courts have considered the Clause in the wake of McDonald: the courts continue to provide some judicial protection for the “right to travel,” but all other rights—including the liberty of contract—continue to be disregarded. Part IV forecasts a possible future for the Privileges or Immunities Clause.

The conference will be hosted on September 21, 2018 by the Institute for Justice and the Liberty and Law Center at Antonin Scalia Law School. Our panel starts at 11:10:

11:10-12:20pm Perspectives on “Privileges or Immunities”

Discussing the Privileges or Immunities Clause’s origins, purposes, meaning, and contemporary legal disputes.

Moderator:

Hon. Judge Don R. Willett (Fifth Circuit)

Panelists:

Josh Blackman (South Texas College of Law Houston)

Robert J. Cottrol (George Washington University Law School)

Anthony Sanders (Institute for Justice)

Ilya Shapiro (Cato Institute)

Rebecca E. Zietlow (University of Toledo College of Law)

If you are in the area, I hope you can attend.

 

 

ConLaw Class 7 – Federalism Limits on Congressional Power I – Tenth Amendment

September 5th, 2018

The lecture notes are here.

Printz v. United States

The case of Printz v. United States was brought by two sheriffs. Sheriff/Coroner Jay Printz of Ravali County, Montana, and Sheriff Richard Mack of Graham County, Arizona. Both were the Chief Law Enforcement Officers (CLEO), subject to the background-check mandate of the Brady Act’s National Instant Criminal Background Check System. Printz was represented by Stephen Halbrook, and Mack represented by David Hardy.

I’ve spoken to both plaintiffs, and they certainly look the part of CLEOs. Mack insists that the case should be called Mack v. United States, because his name came first alphabetically (docket numbers be damned!).

Following this case, Jay Printz would serve as Sheriff until 1999, and then became a member of the Board of the National Rifle Association. Richard Mack ran unsuccessfully for Congress in Arizona and Texas.

From left to right: Atty. Dave Hardy; Sheriff Richard Mack, Arizona; Sheriff Sam Frank, Vermont; Atty. Stephen Hallbrook; Sheriff Printz, Montana.

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Sheriff Richard Mack at the Utah Capitol.

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Stephen Halbrook arguing Printz v. United States. Note Justice Scalia has a hipsteriffic beard.

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More pictures of Sheriff Printz

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