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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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2009

Detroit Shrugging. A City Reborn From the Ashes of Statism?

November 9th, 2009

Detroit is in a sorry state. From Fridays WSJ:

Detroit has been in trouble for decades. It has the highest taxes in Michigan, the highest murder rate in the country, and a dreadful public school system. Only 25% of high school students graduate each year. Its tens of thousands of abandoned homes offer safe haven to drug dealers and criminals. All of this has produced an exodus of businesses—there is no longer a single major department store in the city—and residents. Detroit’s population is less than half of its peak of two million in the 1960s.

With the collapse of the auto industry over the past year and a half, things have gotten a lot worse. Unemployment is now touching Depression levels of around 30%—three times the national rate. Businesses that depend on the auto industry are shutting down and more residents are hitting the exits. This is accelerating the erosion of the city’s tax base, producing a fiscal crisis that seems impossible to escape. The city’s accumulated deficit is currently somewhere between $300 million and $400 million. No one knows for sure because the city has yet to submit its 2008 audit; its annual budget is about $3 billion.

Detroit now more closely resembles a frontier town that needs not flashy stadiums and art institutes but basic services: police, firemen and good schools. Mr. Bing needs to confront the hard reality that the city needs to pare back its liabilities, identify infrastructure it can no longer afford to maintain, and (though this is anathema to Detroit’s political class) perhaps auction off portions of its 140 square miles to neighboring counties, shrinking to a size that its diminished population base can support.

However, check out this absolutely fascinating article about the disintegration, and possible rebirth of Detroit. DETROIT: URBAN LABORATORY AND THE NEW AMERICAN FRONTIER (H/T Adam D. on FB)

I often joke that Detroit is slowly reverting back to the State of Nature. This article confirms my theory, but provides an interesting glimpse on how capitalism and a sense of individualism is spring forth from the ashes of this once statist culture. Because the government has fallen apart, and is no longer able to provide services, people are relying on themselves.

This piece also highlights the absolutely crucial advantage of Detroit. It’s possible to do things there. In Detroit, the incapacity of the government is actually an advantage in many cases. There’s not much chance a strong city government could really turn the place around, but it could stop the grass roots revival in its tracks.

In most cities, municipal government can’t stop drug dealing and violence, but it can keep people with creative ideas out. Not in Detroit. In Detroit, if you want to do something, you just go do it. Maybe someone will eventually get around to shutting you down, or maybe not. It’s a sort of anarchy in a good way as well as a bad one. Perhaps that overstates the case. You can’t do anything, but it is certainly easier to make things happen there than in most places because the hand of government weighs less heavily.

What’s more, the fact that government is so weak has provoked some amazing reactions from the people who live there. In Chicago, every day there is some protest at City Hall by a group from some area of the city demanding something. Not in Detroit. The people in Detroit know that they are on their own, and if they want something done they have to do it themselves. Nobody from the city is coming to help them. And they’ve found some very creative ways to deal with the challenges that result. Consider this from the Dowie piece:

About 80 percent of the residents of Detroit buy their food at the one thousand convenience stores, party stores, liquor stores, and gas stations in the city. There is such a dire shortage of protein in the city that Glemie Dean Beasley, a seventy-year-old retired truck driver, is able to augment his Social Security by selling raccoon carcasses (twelve dollars a piece, serves a family of four) from animals he has treed and shot at undisclosed hunting grounds around the city. Pelts are ten dollars each. Pheasants are also abundant in the city and are occasionally harvested for dinner.

This might sound awful, and indeed it is. But it is also an inspiration and a testament to the human spirit and defiant self-reliance of the American people. I grew up in a poor rural area where, while hunting is primarily recreational, there are still many people supplementing their family diet with wild game. Many a freezer is full of deer meat, for example. And of course, rural residents have long gardened, freezing and canning the results to help get them through the winter. So this doesn’t sound quite so strange to me as it might to you. The fate of the urban poor and the rural poor are more similar than is often credited. And contrary to stereotypes the urban poor often display amazing grit and ingenuity, and perform amazing feats to sustain themselves, their families and communities.

As the focus on agriculture and even hunting show, in Detroit people are almost literally hearkening back to the formative days of the Midwest frontier, when pioneer settlers faced horrible conditions, tough odds, and often severe deprivation, but nevertheless built the foundation of the Midwest we know, and the culture that powered the industrial age. No doubt in the 19th century many of those sitting secure in their eastern citadels thought these homesteaders, hustlers, and fortune seekers crazy for leaving the comforts of civilization to head to places like Iowa and Chicago. But some saw the possibilities of what could be and heeded the call to “Go West, young man.” We’ve come full circle.

Indeed, Detroit seems to be reverting back to the State of Nature, but in a good way. Without the crippling yoke of government, people are starting to reacquaint themselves with the lost concept of liberty and freedom, and self-sustainability.

Perhaps this near-dystopian society poses a glimmer of hope for the future. If our march down the statist’s road to serfdom is completed, government will ultimately cease to exist as we know it. But from the ashes, the fortitude, resiliency, and determination of the human spirit will triumph.

God speed Detroit. Who is John Galt? (waiting for the commenters to rip me for invoking God and John Galt in consecutive sentences)

Pictures of the shrinking Detroit, after the jump.

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Detroit Shrugged. WNBA Shock Moving From Detroit to Tulsa

October 20th, 2009

Things just seem to get worse and worse for Michigan.

via WNBA’s Detroit Shock reportedly moving to Tulsa – ESPN.

The Shock had a lot of success on the court, but not in the stands in a state with four major professional teams along with Michigan and Michigan State athletics.

In the 2003 WNBA Finals, Detroit did draw 22,076 fans — setting a record for the largest crowd to watch a women’s professional basketball game — but most games were sparsely attended with a curtain covering up the upper level of The Palace of Auburn Hills.

On a somewhat related note, while at Charlotte Airport, I noticed that Terminal 4 had movie posters of all movies filmed in North Carolina. Alongside such classics as Taledega Nights, one of the posters was of a classic, Juwanna Man, that dealt with Woman’s Basketball. I don’t think I’ve ever blogged about the WNBA, and probably will never blog about them, so there you go.

Who is Juwanna Man?

Who is John Galt? Detroit too poor to bury the dead, Michigan reverting to state of nature.

October 7th, 2009

From CNN:

Bodies pile up in Detroit morgue; poor can’t afford burial. Inside the Wayne County morgue in midtown Detroit, 67 bodies are piled up, unclaimed, in the freezing temperatures. Neither the families nor the county can afford to bury the corpses. So they stack up inside the freezer.

Detroit is not alone. The Los Angeles coroner’s office said it, too, has seen an increase in the number of bodies abandoned. That’s not surprising at a time when unemployment tops 10% in many cities and the median cost of a funeral in America hovers around $7,000. Cremation can cost $2,000.

This is an issue of concern, said the Detroit mayor’s office, but the city can’t afford to offer any assistance. “The failure, through inability or choice, to bury the deceased is a reflection of the economic conditions that have arrested this region, where people are now forced to make emotionally compromised choices,” said a spokesman in a prepared statement.

I often joke about the sad state of Michigan, Detroit in particular.

While once a proud, thriving, industrial center, the collapse of the automotive industry has rocketed the Peninsular State into a downward spiral of poverty and despair.

I remember reading some time ago that a town in Michigan is no longer paving roads, because it is too expensive. In other places in Michigan, the communities are paying homeowners to demolish their homes because it is too expensive to provide utilities

As a society, Michigan is actually going backwards and retrogressing, and reverting to the State of Nature. I feel bad for the people there, but I fault largely the policymakers in the state, and the poor decisions they have made over the past few decades which has doomed Michigan.

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).

My Writings, Speeches, Media, and other Accomplishments in 2017

December 31st, 2017

In 2017, I published (or have placed) 6 law review articles, delivered 7 academic presentations, given 50 lectures, written 62 pieces of commentary, and had 461 media hits. In addition, I released the Third Edition of Barnett/Blackman constitutional law casebook and a paperback edition of Unraveled. Plus, I have been involved in the Emoluments Clauses litigation, as well as the ongoing Defense Distributed litigation. Of course, these activities were on top of teaching two sections of Constitutional Law, one section of Property I, and one section of Property II. This was, by far, my busiest year to date. In contrast, in 2016, I had 35 pieces of commentary and 180 media hits. I look forward to an even greater 2018.

All of my accomplishments since 2009 can be found on my CV.

Law Review Articles

  1. Self-Plagiarism, 45 Florida State Law Review __ (2018).
  2. Presidential Maladministration, 2018 Illinois Law Review __ (2018)
  3. Predicting the Behavior of the Supreme Court of the United States: A General Approach, PLOS One (April 12, 2017) (Peer Reviewed) (with Daniel Martin Katz & Michael James Bommarito II).
  4. Reply: A Pause for State Courts Considering Model Rule 8.4(G) The First Amendment and “Conduct Related to the Practice of Law,” 30 Georgetown Journal of Legal Ethics 241 (2017).
  5. Foreword: SCOTUS After Scalia, 11 NYU Journal of Law & Liberty 48 (2017).
  6. The 9th Circuit’s Contrived Comedy of Errors in Washington v. Trump, 95 Tex. L. Rev. See Also 18 (2017).

 

Academic Presentations

  1. Religious Liberty before and after Marriage Equality, The Role of Religion in Free Society, Classical Liberal Institute, NYU Law School (Nov. 10, 2017).
  2. Lessons from the Failed Garland Nomination, Southeastern Association of Law School Conference (Aug. 2, 2017).
  3. Presidential Maladministration at Federalist Society Junior Scholars Colloquium (Audio).
  4. Sanctuary Cities and the Constitutionality of 8 U.S.C. 1373, Santa Clara Law Review Symposium (April 21, 2017) (Video).
  5. AALS Hot Topic Program: New Frontiers in Reproductive Rights and Justice,” Association of American Law Schools Annual Meeting (Jan. 6, 2017) (Video).
  6. Presidential Maladministration,” Federalist Society Annual Faculty Conference (Jan. 5, 2017) (Video).
  7. AALS Hot Topic Program: Federal Power Over Immigration,” Association of American Law Schools Annual Meeting (Jan. 5, 2017) (Video).

 

Lectures

  1. Tarant County Federalist Society: The Trump Administration and the Separation of Powers (Dec. 8, 2017).
  2. Legal Ethics, Harassment and Discrimination: The Role of the Rules, Administration Office of Pennsylvania Courts (Nov. 16, 2017).
  3. Legal Ethics, Harassment and Discrimination: The Role of the Rules, The David E. and Constance B. Girard diCarlo Center for Ethics, Integrity and Compliance (Nov. 16, 2017).
  4. Free Speech on College Campuses, Texas Southern University Federalist Society Chapter (Nov. 1, 2017).
  5. Debate on Travel Ban, University of Houston Federalist Society & ACS Chapter (Oct. 30, 2017).
  6. Panel on Collective Liberty at UNLV Federalist Society Chapter (Oct. 25, 2017).
  7. Debate on the Travel Ban at University of Michigan Law School Federalist Society Chapter (Oct. 23, 2017).
  8. Supreme Court Roundup at South Texas College of Law Houston Federalist Society Chapter (Oct. 19, 2017).
  9. Discussion of the Travel Ban at the UMass Law Federalist Society (Oct. 13, 2017).
  10. The Establishment Clause and Immigration Law, Roger Williams Law Review Symposium (Oct. 13, 2017).
  11. Debate on the Travel Ban, Georgetown Federalist Society Chapter (Oct. 11, 2017).
  12. Debate on the Travel Ban, George Mason Federalist Society Chapter (Oct. 10, 2017).
  13. The Legal Resistance,” Faulkner Law Review Symposium (Oct. 3, 2017).
  14. Lecture on the Travel Ban at the University of Tennessee-Knoxville Federalist Society Chapter (Oct. 2, 2017).
  15. Address on the Supreme Court and the Second Amendment at the Gun Policy Rights Conference (Oct. 1, 2017).
  16. Discussion on the Travel Ban at Indiana University McKinney School of Law Federalist Society Chapter(9/27/17).
  17. Debate on the Travel Ban, San Diego Federalist Society Chapter (Sept. 14, 2017).
  18. Panel Discussion on the Travel Ban, Duke Law School Federalist Society Chapter (Sept. 11, 2017).
  19. Original Defiance and Later Acquiescence, South Texas Law Review Symposium (Sept. 8, 2017).
  20. Debate on the Travel Ban, Willamette Federalist Society Chapter (Aug. 30, 2017).
  21. Discussion of Obamacare at Houston Dermatological Association (August 7, 2017).
  22. Discussion of Obamacare repeal at Houston Property Rights Association (July 28, 2017).
  23. Supreme Court Roundup at University of Houston Law Center (July 27, 2017).
  24. Discussion on Obamacare at the Houston Downtown Pachyderm Club (July 27, 2017).
  25. The Spending Clause,” Texas Attorney General’s Conference on Constitutional Law (July 19, 2017).
  26. Discussion on immigration at the Houston Downtown Pachyderm Club (July 13, 2017).
  27. “Unraveled: Obamacare, Religious Liberty and Executive Power,” Houston Federal Bar Association (May 25, 2017).
  28. Unraveled: Obamacare, Religious Liberty, and Executive Power, Waller County GOP Dinner (Apr. 28, 2017).
  29. Free Speech on Campus, University of Massachusetts Law School Federalist Society Chapter (April 24, 2017) (Audio).
  30. Free Speech on College Campuses, University of Massachusetts School of Law Federalist Society Chapter (Apr. 24, 2017) (PostAudio).
  31. Unraveled: Obamacare, Religious Liberty and Executive Power,” St. John’s Federalist Society Chapter (Apr. 10, 2017).
  32. “The Saving Construction at 5 Years,” St. Thomas Journal of Law & Public Policy Symposium (Mar. 31, 2017) (Video).
  33. The Travel Ban Litigation,” at the South Texas College of Law International Law Society (Mar. 30, 2017) (Audio).
  34. Guest of Magic Circle Republican Women’s Club to discuss the travel ban litigation (Mar. 27, 2017) (Audio).
  35. Free Speech on College Campuses, Barry University Federalist Society (Mar. 20, 2017).
  36. Unraveled: Obamacare, Religious Liberty, and Executive Power at Houston Pachyderm Club (Mar. 14, 2017).
  37. Panelist at National Constitution Center event on the Future of the Affordable Care Act (Mar. 6, 2017) (Video).
  38. Debate on ABA Model Rule 8.4(g), Cardozo Law School Federalist Society Chapter (Mar. 6, 2017) (Audio).
  39. The Constitutionality of the Travel Ban, Faulkner Federalist Society (Feb. 28, 2017) (PostAudio).
  40. “The Future of Federalism,” event co-sponsored at the Georgetown University Law Center by the National Constitution Society, the Georgetown Federalist Society, and the American Constitution Society (Feb. 23, 2017) (Audio).
  41. Unraveled: Obamacare, Religious Liberty and Executive Power,” Hoover Institution D.C. Office (Feb. 23, 2017) (Video).
  42. Unraveled: Obamacare, Religious Liberty, and Executive Power, Florida State Federalist Society Chapter (Feb. 22, 2017) (Video).
  43. University of Houston Federalist Society Chapter (Feb. 13, 2017). (Video)
  44. Panelist on An Evening with Legendary Supreme Court Journalist Tony Mauro, The Mustang Bar Alumni Association (Jan. 31, 2017). (Audio)
  45. Prediction Markets, Rice Federalist Society Chapter (Feb. 2, 2017).
  46. Religious Liberty for Doctors,” 9th Annual Conference on Jewish Medical and Legal Ethics, (Jan. 26, 2017) (Audio).
  47. The Fate of Obamacare“, University of Pennsylvania Federalist Society (Jan. 25, 2017) (Video).
  48. Bioethics and the Constitution,” Bioethics after the Holocaust, Houston Methodist Research Institute (Jan. 23, 3017) (VideoAudioSlides).
  49. Federalist Society Winter Counsels Summit (Jan. 14, 2017).
  50. The Future of the Supreme Court,” Baylor Law School Federalist Society Chapter (Jan. 10, 2017) (Audio).

 

Commentary

  1. The Ninth Circuit Previews Why Article II Will Save The Travel Ban, Lawfare (Dec. 26, 2017).
  2. A Better Way To Give Trump More Judgeships To Fill, National Review (Dec. 18, 2017).
  3. Obstruction of Justice and the Presidency: Part III, Lawfare (Dec. 18, 2017).
  4. Obstruction of Justice and the Presidency: Part II, Lawfare (Dec. 12, 2017).
  5. For Judges, ‘Legality’ Is Their Only ‘Reality’, Lawfare (Dec. 11, 2017).
  6. Obstruction of Justice and the Presidency: Part I, Lawfare (Dec. 5, 2017).
  7. Can the President Obstruct Justice?, Politico Magazine (Dec. 4, 2017).
  8. Republicans Should Not Pack The Courts, National Review (Nov. 27, 2017).
  9. Richard Cordray’s Tempest in a Teapot, National Review (Nov. 27, 2017).
  10. Let’s Settle the Legality of DACA Now, National Review (Nov. 22, 2017).
  11. Is Trump Restoring the Separation of Powers?, National Review (Nov. 20, 2017).
  12. College students should learn from the Supreme Court: Free speech protects everyone, Washington Times (Oct. 25, 2017).
  13. The Travel Ban and the Rational Basis Test, Lawfare (Oct. 23, 2017).
  14. Jeff Sessions Restores the Rule of Law, National Review (Oct. 16, 2017).
  15. The ‘Resistance’ vs. George Washington, Wall Street Journal (Oct. 15, 2017) (with Seth Barrett Tillman).
  16. A Nonchalant Conclusion to Trump v. IRAP, Lawfare (Oct. 13, 2017).
  17. The Legal Resistance to President Trump, National Review (Oct. 11, 2017).
  18. The emoluments clauses litigation, part 5 — problems with the complaints in CREW v. Trump, Washington Post (Oct. 1, 2017).
  19. The emoluments clauses litigation, part 4 — an emolument is the “profit derived from a discharge of the duties of the office”, Washington Post (Sept. 29, 2017).
  20. The emoluments clauses litigation, Part 3 — so what if the president does not hold ‘Office … under the United States’?, Washington Post (Sept. 28, 2017).
  21. The Emoluments Clauses litigation, part 2 — the practices of the early presidents, the first Congress and Alexander Hamilton, Washington Post (Sept. 26, 2017).
  22. Reality Sets in for Federal Courts: The Travel Ban Was a ‘Temporary Pause’, Lawfare (Sept. 25, 2017).
  23. The Emoluments Clauses litigation, Part 1: The Constitution’s taxonomy of officers and offices, Washington Post (Sept. 25, 2017).
  24. Trump Talks, Schneiderman Sues, Wall Street Journal (Sept. 13, 2017).
  25. Trump’s DACA Decision Defies All Norms, Foreign Policy (Sept. 7, 2017).
  26. ‘Neutral Principles’ and the ‘Presumption of Regularity’ in the Era of Trump, Lawfare (Sept. 7, 2017).
  27. Collateral Damage: The Arpaio Pardon and Separation of Powers, Lawfare (Aug. 30, 2017).
  28. The Solitary Executive, Lawfare (August 18, 2017).
  29. The Solitary Executive, Foreign Policy (August 18, 2017).
  30. Congress Should Fund Obamacare Subsidies — or Trump Must Stop Them, National Review (August 17, 2017).
  31. The First Amendment on the Grounds in Charlottesville, Lawfare (August 14, 2017).
  32. President Trump Must End Illegal Obamacare Payments to Congress and Insurers, National Review (July 31, 2017).
  33. Yes, Trump Can Accept Gifts, New York Times (July 13, 2017) (with Seth Barrett Tillman).
  34. Understanding the Supreme Court’s equitable ruling in Trump v. IRAP, SCOTUSBlog (July 12, 2017).
  35. A Federal Judge Halts California’s Confiscation of High-Capacity Magazines, Fox Nation (July 3, 2017).
  36. A Federal Judge Halts California’s Confiscation of High-Capacity Magazines, National Review (July 3, 2017).
  37. Quick Decision on Health-Care Law, National Review (June 27, 2017).
  38. The Scope of the Supreme Court’s Decision in IRAP v. Trump, Lawfare (June 27, 2017).
  39. Six Possible Options for the Supreme Court’s Review of the Travel Ban, Lawfare (June 24, 2017).
  40. America Needs Closure on the Travel Ban, N.Y. Times (June 11, 2017).
  41. Senate Republicans put Trump on notice, Politico Magazine (June 8, 2017).
  42. All The President’s Tweets, Lawfare (June 5, 2017).
  43. Analysis of IRAP v. Trump Part V: Judge Shedd and Judge Agee’s Dissents, and the Government’s Petitions for Certiorari and Applications for Stay, Lawfare (June 2, 2017).
  44. Analysis of IRAP v. Trump Part IV: Judge Niemeyer’s Dissent, Lawfare (June 2, 2017).
  45. Analysis of IRAP v. Trump Part III: The Concurring Opinions of Judges Thacker, Keenan, and Wynn, Lawfare (May 30, 2017).
  46. The Simple Answer to Judge Paez’s Question about Korematsu, Lawfare (May 19, 2017).
  47. Hawaii v. Trump: What Would an “Objective Observer” Think of President Trump’s Travel Ban?, Lawfare (May 16, 2017).
  48. Is This A Constitutional Crisis, Politico (May 9, 2017).
  49. The wrong way to assess the travel ban: Trump’s words in interviews and on the stump should not decide an appeals court’s ruling, New York Daily News (May 9, 2017).
  50. IRAP v. Trump: Applying The “Presumption of Regularity” in “Uncharted Territories,” Lawfare (May 9, 2017).
  51. Why Courts Shouldn’t Try to Read Trump’s Mind, Politico Magazine (Mar. 16, 2017).
  52. The Legality of the 3/6/17 Executive Order, Part III: The Establishment Clause, Lawfare (Mar. 15, 2017).
  53. The Legality of the 3/6/17 Executive Order, Part II: The Due Process Clause Analysis, Lawfare (Mar. 12, 2017).
  54. The Legality of the 3/6/17 Executive Order, Part I: The Statutory and Separation of Powers Analyses, Lawfare (Mar. 11, 2017).
  55. Obamacare is unlikely to survive even if it is repaired, Philadelphia Inquirer (Mar. 5, 2017).
  56. The Ninth Circuit’s Contrived Comedy of Errors in Washington v. Trump: Part II, Lawfare (Feb. 14, 2017).
  57. The Ninth Circuit’s Contrived Comedy of Errors in Washington v. Trump: Part I, Lawfare (Feb. 13, 2017).
  58. Why Trump Had To Fire Sally Yates, Politico Magazine (Jan. 31, 2017).
  59. The Kennedy Whisperer, Politico Magazine (Feb. 1, 2017).
  60. Fair-Weather Originalists, National Review (Feb. 20, 2017) (PDF).
  61. Congress should rescind Social Security regulation that violates civil rights of those with disabilities, The Hill (Jan. 25, 2017) (with Samantha Crane and Dara Baldwin).
  62. How the States Can Help Trump Make Federalism Great Again, National Review (Jan. 18, 2017).

 

Media

  1. Guest on The Lawfare Podcast: Lawfare Questions (20:15) (Dec. 30, 2017).
  2. Cited in Wisdom of the Crowd Accurately Predicts Supreme Court Decisions, MIT Technology Review (Dec. 26, 2017).
  3. Quoted in Supreme Court justices may give away their votes with their voices, Economist (Dec. 21, 2017).
  4. Quoted in Extra Obamacare subsidies renew battle over taxpayer funding of abortion, Washington Post (Dec. 19, 2017).
  5. Quoted in HHS defends withholding comments critical of abortion, transgender policy, Politico (Dec. 18, 2017).
  6. Quoted in Three Trump judicial nominees stumble — with Republicans, The Hill (Dec. 17, 2017).
    Guest on Bloomberg Law Radio – Court Throws Out Case Over Trump Tweets (Dec. 13, 2017).
  7. Guest on the American Way with Ian Swanson to discuss the Masterpiece Cakeshop Case (December 9, 2017).
  8. Quoted in What happens if Trump sacks Mueller?, Weekly Standard (Dec. 8, 2017).
  9. Quoted in The Mueller Investigation Is in Mortal Danger, New York Magazine (Dec. 8, 2017).
  10. Quoted in Concealed-Carry Reciprocity Could Face Major Constitutional Challenges, The Trace (Dec. 6, 2017).
  11. Guest on the Michael Berry Show to discuss the Masterpiece Cakeshop Case (Dec. 5, 2017).
  12. Guest on France 24 to Discuss the Supreme Court’s travel ban decision (Dec. 5, 2017).
  13. Guest on Fox News Channel – The Daily Briefing with Dana Perino – Discussing Obstruction of Justice (Dec. 5, 2017).
  14. Quoted in Trump’s lawyer sparks intense debate on obstruction of justice, The Hill (Dec. 5, 2017).
  15. Guest on The Morning Drive w/Dave & Amy, KLIF 570 AM to discuss the Travel Ban ruling (Dec. 5, 2017).
  16. Guest on the Michael Berry Show, 740AM KTRH Houston to discuss Obstruction of Justice (Dec. 4, 2017).
  17. Quoted in Supreme Court allows full enforcement of Trump travel ban, Washington Times (Dec. 4, 2017).
  18. Quoted in Supreme Court lets Trump fully impose latest travel ban, Politico (Dec. 4, 2017).
  19. Quoted in GOP’s court-packing spree: It’s only the beginning, Salon (Dec. 3, 2017).
  20. Quoted in Trump hate diminishes the press, Toledo Blade (Dec. 3, 2017).
  21. Quoted in Is Chief Justice Roberts A Secret Liberal, FiveThirtyEighty (Nov. 27, 2017).
  22. Quoted in Courts use Trump’s pontificating to rule against his policies, Washington Times (Nov. 21, 2017).
  23. Quoted in “Watchdog Group May Have Exaggerated Key Claims In Anti-Trump Lawsuit,” Daily Caller (Nov. 10, 2017).
  24. Quoted in Watchdog Group Appears to Exaggerate Standing Claims in Trump Suit, National Review (Nov. 10, 2017).
  25. Quoted in Richard Blumenthal concerned Trump may be colluding with China, Washington Examiner (Nov. 7, 2017).
  26. Quoted in Trump’s Tweets Stymie Trans Military Ban In Lower Courts, Law 360 (Nov. 7, 2017).
  27. Quoted in Senator claims Trump preparing to cripple individual mandate, but WH says it wants legislative solution, Washington Examiner (Nov. 6, 2017).
  28. Guest on WBUR Public Radio “Here and Now,” One Legal Scholar On Trump Calling For Death Penalty In New York Terror Case (Nov. 2, 2017) (Audio).
  29. Quoted in Topsy-Turvy at Main Justice, National Law Journal (Nov. 1, 2017).
  30. Guest on 91.5 KJZZ Public Radio (Arizona) to discuss President Trump’s court battles (Oct. 31, 2017) (Audio).
  31. Guest on WBAP Radio (Dallas) to discuss FantasySCOTUS (Oct. 29, 2017) (Audio).
  32. Guest on National Constitution Center Podcast to discuss the Emoluments Clauses litigation (Oct. 26, 2017).
  33. Cited in DOJ Headed in the Right Direction on Foreign Emoluments Clause, National Review (Oct. 26, 2017).
  34. Cited in Trump, Emoluments, and the Professoriate, The Weekly Standard (Oct. 24, 2017).
  35. Quoted in In Rare Move, DC Circuit to Livestream Arguments in Immigrant Abortion Case, National Law Journal (Oct. 19, 2017).
  36. Quoted in Here’s how two judges’ rulings against Trump’s newest travel ban differ, Washington Examiner (Oct. 18, 2017).
  37. Guest on BBC 5’s Up All Night to discuss the Travel Ban ruling (Oct. 18, 2017).
  38. Quoted in Trump’s Business Empire Sends Court Into Uncharted Legal Terrain, Bloomberg Politics (Oct. 18, 2017).
  39. Guest on The Morning Drive w/Dave & Amy, KLIF 570 AM to discuss U.S. v. Microsoft (Oct. 17, 2017).
  40. Quoted in Trump’s travel ban in court (again), but with a difference, Christian Science Monitor (Oct. 16, 2017).
  41. Quoted in Constitutional Lawyer: Yes, Obama’s Affordable Care Act Subsidy Provision Was Illegal, Town Hall (Oct. 16, 2017).
  42. Quoted in States’ lawsuit to continue cost-sharing payments faces a challenging road, Modern Healthcare (Oct. 16, 2017).
  43. Quoted in How Senate Republicans might make it easier to push through Trump’s judge picks, Vox (Oct. 13, 2017).
  44. Quoted in Trump gives Congress a kick in the rear to finally act on health care, Fox News (Oct 13, 2017).
  45. Quoted in Will ‘sore-loser litigiousness’ against Trump produce bad precedent?, ABA Journal (Oct. 12, 2017).
  46. Quoted in Trump’s Cure for Obamacare Is Worse Than the Disease, Bloomberg (Oct. 11, 2017).
  47. Cited in Texas legislator shouted down at Texas Southern University law school; speech called off by university president for lack of central campus authorization, Washington Post (Oct. 10, 2017).
  48. Children of Japanese American legal pioneers from World War II fight travel ban, USA Today (Oct. 10, 2017).
  49. Guest on The American Way with Ian Swanson to discuss the Supreme Court’s Term (Oct. 6, 2017).
  50. Guest on 740AM KTRH Houston to discuss the start of the Supreme Court Term (Oct. 3, 2017).
  51. Quoted in Supreme Court begins new session with immigration case, Washington Times (Oct. 2, 2017).
  52. Guest on 1A, National Public Radio, to discuss the Supreme Court’s Term (Oct. 2, 2017) (Audio).
  53. Quoted in Supreme Court faces blockbuster term — and Trump, USA Today (Oct. 1, 2017).
  54. Quoted in With Gorsuch on the bench, the Supreme Court’s new term will address hot-button issues, ABA Journal (October 1, 2017).
  55. Quoted in The Supreme Court’s new term, The Economist (Sept. 30, 2017).
  56. Quoted in ‘Hamilton’ Signature Clouds Trump Emoluments Clause Case, Bloomberg BNA (Sept. 25, 2017).
  57. Guest on Bloomberg Law Radio to discuss the Travel Ban (Sept. 26, 2017) (Audio).
  58. Guest on ABC The World to talk about the Travel Ban (Sept. 26, 2017) (Video).
  59. Quoted in What does third Trump travel ban mean for Supreme Court case?, Christian Science Monitor (Sept. 25, 2017).
  60. Quoted in Supreme Court cancels travel ban arguments, The Hill (Sept. 25, 2017).
  61. Quoted in How Obama knee-capped his own health reform, Washington Examiner (Sept. 25, 2017).
  62. Cited in ‘Lonely Scholar With Unusual Ideas’ Defends Trump, Igniting Legal Storm, N.Y. Times (Sept. 25, 2017).
  63. Quoted in What Trump does with expiring travel ban will shape Supreme Court fight, Washington Examiner (Sept. 23, 2017).
  64. Cited in Was Alexander Hamilton a Zombie? Experts Say No, National Review (Sept. 21, 2017).
  65. Quoted in Senate confirms Trump’s solicitor general Noel Francisco, Washington Times (Sept. 19, 2017).
  66. Quoted in The Five Most Outrageous Legal Arguments Against DACA Repeal, Lifezette (Sept. 18, 2017).
  67. Guest on Bloomberg Law Radio to discuss the travel ban (Sept. 13, 2017).
  68. Quoted in The Supreme Court joins another battle over Donald Trump’s travel ban, The Economist (Sept. 12, 2017).
  69. Guest on CTV to discuss DACA (Sept. 9, 2017).
  70. Guest on The American Way with Ian Swanson to discuss the Supreme Court’s term (Sept. 9, 2017).
  71. Guest on Making Money, Fox Business Network, to discuss the 9th Circuit’s ruling in the travel ban case(Sept. 7, 2017).
  72. Cited in Where Amazon Should Go, N.Y. Times (Sep. 8, 2017).
  73. Quoted in DACA suits could cause static for Trump travel-ban opponents at Supreme Court, Politico (Sept. 6, 2017).
  74. Guest on Airtalk, 89.3 KPCC Public Radio, to discuss DACA (Sept. 6, 2017) (Audio).
  75. Guest on the Michael Berry Show, 740AM KTRH Houston to discuss DACA (Sept. 5, 2017).
  76. Quoted in Legal fight to preserve DACA takes shape, Politico (Sept. 5, 2017).
  77. Quoted in Thorny Battles Loom for Lawsuits Against Trump’s DACA Repeal, National Law Journal (Sept. 5, 2017).
  78. Guest on 570AM KLIF, The Morning Drive with Dave and Amy, Dallas, to discuss DACA (9/5/17).
  79. Quoted in “The Complete Power to Pardon” and “the Sole Power of Impeachment”, Cato At Liberty (Sept. 1, 2017).
  80. Quoted in Take the Pledge of Allegiance out of School, Ozy (Sept. 1, 2017).
  81. Quoted in Leftist Lawyers Argue Arpaio Pardon Invalid, Lifezette (Aug. 31, 2017).
  82. Quoted in Supreme Court Preview: Blockbuster Cases Likely to Deliver a Contentious, Consequential Fall Term, National Law Journal (Sept. 1, 2017).
  83. Quoted in Why Trump’s Arpaio pardon is different, Christian Science Monitor (Aug. 29, 2017).
  84. Quoted in Transgender troops have constitutional right to serve, civil rights groups say, Washington Times (Aug. 28, 2017).
  85. Quoted in Trump’s Legal U-Turns May Test Supreme Court’s Patience, N.Y. Times (Aug. 28, 2017).
  86. Quoted in Federal judge strikes down Texas’ voter ID law for having a discriminatory intent, Washington Times (Aug. 23, 2017).
  87. Quoted in Trump under the gun as Dreamers deadline looms, Politico (Aug. 23, 2017).
  88. Quoted in The trap the Supreme Court set for Democrats’ best health care ideas, Think Progress (Aug. 23, 2017).
  89. Quoted in Post-Charlottesville, Justice Roger Taney Statues Are Removed, but Not at the Supreme Court, National Law Journal (Aug. 22, 2017).
  90. Guest on KTRH 740AM Morning News to Discuss the ACLU’s position on the First and Second Amendment(Aug. 21, 2017).
  91. Guest on 740AM KTRH to talk about the Convention of states (August 16, 2017) (Audio).
  92. Quoted in Facebook bans Daily Stormer, alt-right site, from platform, Washington Times (August 16, 2017).
  93. Quoted in La legge al tempo degli algoritmi, Wired Italy (August 16, 2017).
  94. Cited in Judging A Book: Kopf Reviews Posner’s ‘Federal Judiciary’, Law 360 (August 16, 2017).
  95. Guest on Bloomberg Law Radio to discuss Battle of Charlottesville (August 15, 2017) (Audio).
  96. Quoted in Vermont’s Anti-Bias Rule Vote An Outlier In Heated Debate, Law 360 (August 14, 2017).
  97. Quoted in Clashes over Title VII protection of sexual orientation make way toward Supreme Court, Washington Times (August 13, 2017).
  98. Quoted in Obamacare Lives But Your Hospital Is Dying, American Spectator (August 7, 2017).
  99. Guest on CTV News to discuss leaks in the Trump administration (August 3, 2017).
  100. Quoted in Rules protecting special counsel may not be enough if Trump decides to fire him, L.A. Times (August 3, 2017).
  101. Quoted in SovietCare Looks Good to Investors, American Spectator (August 3, 2017).
  102. Quoted in Just Do It: Trump Preparing to Axe Congress’ Illegal ObamaCare Exemption?, Fox Nation (August 1, 2017).
  103. Quoted in Don Willett’s Lone Star Legal Show, Governing Magazine (August 1, 2017).
  104. Quoted in We Were Just Getting Used to Scaramucci, Slate (July 31, 2017).
  105. Quoted in Conservatives challenge Trump to revoke Obamacare subsidy for members of Congress, Washington Times (July 31, 2017).
  106. Quoted in Trump’s threat to end Obamacare subsidies would hurt middle class the most, experts say, Dallas Morning News (July 31, 2017).
  107. Quoted in Gagging Attorneys: A Critical Look at the ABA “Anti-Discrimination” Rule, Jurist (July 31, 2017).
  108. Quoted in Trump threatened to take away health care from members of Congress. Can he do that? Newsweek (July 30, 2017).
  109. Quoted in What the GOP Can Learn from Hillarycare, Lifezette (July 27, 2017).
  110. Quoted in LGBTQ Groups Threaten to Sue Trump Over Trans Military Ban, National Law Journal (July 26, 2017).
  111. Guest on 570AM KLIF – The Morning Drive with Dave & Amy – Dallas to talk about sanctuary cities (July 26, 2017).
  112. Quoted in What could happen if Jeff Sessions is pushed out of office?, Associated Press (July 25, 2017).
  113. Guest on Federalist Society Teleforum to discuss Hawaii v. Trump (July 25, 2017) (Audio).
  114. Quoted in Slapdash ACA Repeal Risks Insurance Market Chaos, Law 360 (July 24, 2017).
  115. Quoted in Supreme Court decisions hurt opponents of Trump’s travel ban, legal expert says, Washington Examiner (July 23, 2017).
  116. Guest on KLRD News Radio Dallas to discuss President’s ability to pardon himself (July 20, 2017).
  117. Guest on Making Money, Fox Business Network to discuss SCOTUS travel ban ruling (July 19, 2017).
  118. Quoted in Supreme Court lets Trump restore strict limits on refugees, expands ‘close relatives’ category, Washington Times (July 19, 2017).
  119. Guest on AM740 KTRH Houston to discuss signing wills via text message (July 13, 2017) (Audio).
  120. Guest on The Bridge to discuss immigration, Radio Dabang 105.3FM Houston (July 13, 2017).
  121. Quoted in 4 Reasons Why Gay Marriage Is Safe, Even After Justice Kennedy Retires, Above The Law (July 12, 2017).
  122. Quoted in Right-leaning legal experts predict Trump Supreme Court win on travel ban, if it doesn’t become moot, Washington Examiner (July 12, 2017).
  123. Guest on 570AM KLIF – The Morning Drive with Dave & Amy – Dallas to talk about President’s Twitter (July 12, 2017).
  124. Guest on Houston Matters, Houston Public Media to discuss religious liberty (July 11, 2017) (Audio).
  125. Guest on Houston Matters, Houston Public Media to discuss Texas redistricting trial (July 10, 2017) (Audio).
  126. Guest on “The Rod Arquette Show,” KNRS 105.9 FM/570AM to talk about SCOTUS (July 7, 2017).
  127. Quoted in A Federal Judge Upholds Second Amendment Rights — But The Case Is Heading For The Ninth Circuit, Forbes (July 7, 2017).
  128. Guest on Airtalk with Larry Mantle, 89.3 KPCC to discuss the Supreme Court and Second Amendment (July 5, 2017) (Audio).
  129. Guest on The American Way with Ian Swanson, 1420 AM The Answer (July 5, 2017).
  130. Guest on KLIF 570AM with Dave & Amy to talk about Texas’s DACA Challenge (July 6, 2017) (Audio).
  131. Quoted in Houston Ruling No Invitation To Alter Same-Sex Benefits, Law 360 (July 5, 2017).
  132. Quoted in Texas forces Trump to pick sides on Dreamer amnesty, Washington Times (July 3, 2017).
  133. Quoted in The Most Talkative Justice Of The High Court Term, Law 360 (June 28, 2017).
  134. Quoted in The Sharpest Dissents From This Supreme Court Term, Law 360 (June 27, 2017).
  135. Quoted in How Trump’s Latest Tweets Undermine His Travel Ban Case, Law 360 (June 5, 2017).
  136. Quoted in 5th Circ. Won’t Rehear 3-D Gun Printing Restriction Dispute, Law 360 (March 5, 2017).
  137. Quoted in Guessing Game: The Inexact Science Of High Court Predictions, Law 360 (October 2, 2016).
  138. Quoted in 5th Circ. Told Obama Abdicated Oath With Executive Actions, Law 360 (May 11, 2015).
  139. Quoted in Kennedy’s Gridlock Comments Spook ACA Backers, Law 360 (March 23, 2015).
  140. Quoted in New Term Doesn’t Ensure Obama Chance To Revamp High Court, Law 360 (November 6, 2012)
  141. Quoted in Trump applauds Supreme Court, feels ‘gratified’ by ruling to revive travel ban, Washington Times (June 26, 2017).
  142. Quoted in Supreme Court to hear case of Christian baker who refused to make cake for same-sex wedding, Washington Times (June 26, 2017).
  143. Quoted in Supreme Court gives Trump partial travel ban victory, Financial Times (June 26, 2017).
  144. Quoted in Houston reacts to Supreme Court decision on Trump’s travel ban, Houston Chronicle (June 26, 2017).
  145. Quoted in Trump gets green light for partial travel ban, The Hill (June 26, 2017).
  146. Quoted in Justice Gorsuch immediately asserts himself on right of Supreme Court, Washington Times (June 26, 2017).
  147. Quoted in Why The Supreme Court Travel Ban Ruling Is A Win For Trump, The Daily Caller (June 26, 2017).
  148. Cited in The Travel Ban in the Supreme Court: Crafting a Workable Remedy, Lawfare (June 26, 2017).
  149. Cited in SCOTUS Ruling On the Travel Ban Is A Win For President Trump – And A Loss For Activist Judges, Independent Journal Review (June 26, 2017).
  150. Cited in Why the Supreme Court is Allowing Trump’s Travel Ban to Go Into Effect, Roughly Explained (June 26, 2017).
  151. Guest on KRLD Radio 1080 AM Dallas, discussing the Supreme Court’s term (June 26, 2017).
  152. Guest on Breaking News, Canadian Broadcasting Corporation to discuss the travel ban (June 26, 2017) (Video).
  153. Guest on All Things Considered, National Public Radio, to discuss the travel ban case (June 26, 2017) (Audio).
  154. Guest on “To The Point,” KCRW Public Radio, to discuss the travel ban case (June 26, 2017) (Audio).
  155. Guest on Federalist Society Teleforum Podcast to discuss the travel ban case (June 26, 2017) (Audio).
  156. Guest on Bloomberg Law on Bloomberg Law Radio to discuss the Supreme Court’s term (June 26, 2017) (Audio).
  157. Guest on News, BBC World Service to discuss the Supreme Court’s term (June 26, 2017) (Audio).
  158. Guest on the Michael Berry Show to discuss the travel ban case, KTRH AM 740 Houston (June 26, 2017) (Audio).
  159. Guest on the Michael Berry Show to discuss Trinity Lutheran Church v. Comer, KTRH AM 740 Houston (June 26, 2017) (Audio).
  160. Guest on News, Fox 26 Houston to discuss Supreme Court’s travel ban ruling (June 26, 2017) (Video).
  161. Guest on The Sam Walker Show, BBC Radio 5 to discuss the Supreme Court’s term (June 26, 2017) (Audio).
  162. Guest on WWL First News with Tommy Tucker to discuss the Supreme Court’s term (June 27, 2017) (Audio).
  163. Guest on WBAL News Now with Bryan Nehman to discuss the Supreme Court’s term (June 27, 2017) (Audio).
  164. Cited in Breaking Down the Senate Health-Care Bill, Supreme Court Rulings, National Review (June 27, 2017).
  165. Quoted in Praise, Criticism Of Supreme Court Decision On Temporary Travel Ban Newburgh Gazette, Newburgh Gazette (June 27, 2017).
  166. Quoted in Supreme Court on Trump’s travel ban: Why its tone sounds a bit different, Christian Science Monitor (June, 27, 2017).
  167. Quoted in US imposes modified travel ban, Financial Times (June 27, 2017).
  168. Guest on 710 KURV McAllen to discuss the Supreme Court’s Term (June 27, 2017). (Audio).
  169. Quoted in DC tries to read the tea leaves on whether Kennedy will retire from Supreme Court, Washington Examiner (June 30, 2017).
  170. Guest on Houston Matters, Houston Public Media to discuss Supreme Court’s term (June 30, 2017) (Audio).
  171. Guest on Houston Public Media to discuss Texas Supreme Court’s decision in Pidgeon v. Turner (June 30, 2017) (Audio).
  172. Guest on AM740 KTRH Houston to discuss the Senate Health Care bill (June 23, 2017) (Audio).
  173. Cited in What’s Happening With The Travel Ban At The Supreme Court?, Buzzfeed (June 22, 2017).
  174. Quoted in New York attorney general scours social media to sue pro-life protesters, Washington Times (June 21, 2017).
  175. Guest on the Michael Berry Show, AM740 KTRH Houston, to discuss Matel v. Tam (June 19, 2017).
  176. Quoted in Supreme Court ruling against censoring The Slants’ name bolsters Washington Redskins trademark case, Washington Times (June 19, 2017).
  177. Guest on Houston Public Media, Implications For Texas As Supreme Court Considers Gerrymandering Case(June 19, 2017) (Audio).
  178. Cited in If Trump Is Violating Emoluments Clause, So Did George Washington, Polizette (June 19, 2017).
  179. Quoted in Trump Tweets Pose Increasingly Serious Political, Legal Risks, Polizette (June 19, 2017).
  180. Quoted in Federalist Society becomes progressives’ new bogeyman, Washington Times (June 18, 2017).
  181. Guest on Canadian Broadcasting Channel to discuss special counsel investigation (6/14/17) (Vide0).
  182. Guest on WJIM’s The Steve Gruber Show to discuss Attorney General Session’s testimony (6/14/17) (Audio).
  183. Guest on The Tommy Tucker Show, WWL AM870 New Orleans, to discuss Attorney General Jeff Session’s testimony (6/14/17) (Audio).
  184. Guest on Canadian TV News Channel to discuss Attorney General Jeff Session’s testimony, CTV (6/13/17) (Vide0)
  185. Guest on Guest on Lou Dobbs Tonight to Discuss AG Session’s Testimony, Fox Business Network (6/13/17) (Video).
  186. Quoted in Notable & Quotable: Gorsuch and Gorsuch, Wall Street Journal (June 14, 2017).
  187. Guest on Australian Broadcasting Channel News to discuss the travel ban (June 14, 2017) (Video).
  188. Guest on AM740 KTRH Houston to discuss Trump blocking people on Twitter (June 13, 2017) (Audio).
  189. Guest on AM740 KTRH Houston to discuss Trump blocking people on Twitter (June 13, 2017) – Short (June 13, 2017) (Audio).
  190. Do Recent Voting and Immigration Laws Mean Texas is Racist?, Houston Matters on Houston Public Media (June 13, 2017) (Audio).
  191. Quoted in SCOTUS faces tight timeline to hear travel ban appeal this summer, Politico (June 13, 2017).
  192. Cited in The Ninth Circuit’s Refugee EO Decision: Methodically Misreading the Immigration Statute, Lawfare (June 13, 2017).
  193. Cited in If Trump Fires Mueller (Or Orders His Firing), Lawfare (June 13, 2017).
  194. Cited in Can the president fire special counsel Robert Mueller? (And then what?), Washington Post (June 13, 2017).
  195. Quoted in Knives coming out: Trump fans float idea of firing investigator Mueller, The Canadian Press (June 12, 2017).
  196. Quoted in Are the courts treating Trump differently than other presidents?, The Christian Science Monitor (June 12, 2017).
  197. Quoted in What’s in Neil Gorsuch’s first SCOTUS opinion?, Conservative Review (June 12, 2017).
  198. Guest on AirTalk with Larry Mantle to discuss Maryland and District of Columbia’s Emoluments Clause suit, KPCC National Public Radio (June 12, 2017) (Audio).
  199. Cited in Politico symposium on the Comey hearing, Washington Post (June 8, 2017).
  200. Guest on Canadian Broadcasting Channel to discuss Comey’s testimony (June 8, 2017)  (Video).
  201. Guest on the Heritage Foundation’s SCOTUS 101 Podcast to discuss Trump’s Short List (June 6, 2017) (Audio).
  202. Quoted in Harris County takes bail suit to U.S. Supreme Court, Houston Chronicle (June 6, 2017).
  203. Quoted in Harris County appeals bail case ruling to U.S. Supreme Court, Houston Chronicle (June 6, 2017).
  204. Quoted in Legal experts to Trump on travel ban: Twitter hurting cause, Associated Press (June 5, 2017).
  205. Guest on Making Money with Charles Payne to talk about the Travel Ban and the President’s Tweets, Fox Business Network (June 5, 2017) (VideoPost).
  206. Quoted in Trump undercuts his lawyers with tweets about travel ban, L.A. Times (June 5, 2017).
  207. Quoted in Trump calls it a travel ban — lawyers call it sabotage, The Hill (June 5, 2017).
  208. Quoted in Trump Promotes Original ‘Travel Ban,’ Eroding His Legal Case, N.Y. Times (June 5, 2017) (Page A1, above the fold).
  209. Quoted in Trump’s ‘TRAVEL BAN’ tweets may hurt his case at Supreme Court, USA Today (June 5, 2017).
  210. Quoted in George Conway Cautions Trump About His Travel Ban, The Atlantic (June 5, 2017).
  211. Cited in Trump’s Monday Morning Tweets Cause A Travel Ban Crisis, Buzzfeed (June 5, 2017).
  212. Quoted in Trump tweets might undercut travel ban case, The Hill (June 5, 2017).
  213. Quoted in Trump’s tweets could hurt his Supreme Court case on immigration: Experts, Washington Examiner (June 5, 2017).
  214. Quoted in Will the Supreme Court take up Trump’s travel ban?, Washington Examiner (June 3, 2017).
  215. Quoted in Trump’s Travel Ban Is Far from Dead, Vice News (June 3, 2017).
  216. Quoted in SEE YOU IN COURT indeed, Mr. President, Vox (June 2, 2017).
  217. Quoted in Supreme Court is asked to give an early verdict on Trump’s travel ban, L.A. Times (June 2, 2017).
  218. Cited in A New Jurisprudence for an Oathless Presidency, Lawfare (June 2, 2017).
  219. Guest on Seattle KOMO NewsRadio to discuss the travel ban appeal (June 2, 2017) (Audio).
  220. Quoted in Could Trump turmoil affect Justice Kennedy’s retirement plans?, Washington Examiner (May 21, 2017).
  221. Cited in The Bizarre, Endless, and Oh-So-Disturbing Week that Was: All of Lawfare in One Endless Post, Lawfare (May 20, 2017).
  222. Cited in GHS students win first in national SCOTUS competition, Greenwich Times (May 19, 2017).
  223. Quoted in High School Students, in Moot Competition, Argue a Supreme Court Case, Education Week School Law (May 19, 2017).
  224. Quoted in States seek to intervene in House Republicans’ cost-sharing payments lawsuit, Modern Healthcare (May 18, 2017).
  225. Guest on Houston Matters to Discuss Texas’s new sanctuary city law, Houston Public Media (May 18, 2017) (PostAudio).
  226. Quoted in GOP Lawmakers Warn Special Counsel Could Harm Trump Admin, The Daily Caller (May 18, 2017).
  227. Guest on KURV 710AM McAllen to discuss obstruction of Justice (May 17 2017).
  228. Guest on France 24 to discuss standards of impeachment, France 24 Cable News (May 17, 2017) (PostVideo).
  229. Quoted in What is obstruction of justice?, CNN (May 17, 2017).
  230. Guest on NPR’s All Things Considered, Trump’s Flexing Of Executive Power Raises Legal Questions (May 16, 2017) (Audio).
  231. Quoted in Travel ban: Is a nationwide injunction on behalf of one person overkill?, The Christian Science Monitor (May 15, 2017).
  232. Quoted in Trump’s Long-Shot, Machiavellian Option for FBI, Polizette (May 15, 2017).
  233. Quoted in The Garland Gambit, The Atlantic (May 12, 2017).
  234. Cited in Top Ten from Texas Bar Today: DiMaggio, Sinatra, and Justice Scalia, Texas Bar Today (May 12, 2017).
  235. Guest on NPR’s 1A to discuss Comey and Constitutional Crises (May 11, 2017) (PostAudio).
  236. Guest on Late Afternoons with Mike Schikman, 550 WSVA-AM Harrisonburg, VA (May 11, 2017) (Audio).
  237. Quoted in Trump-Comey Conversations Spark Democratic Hysteria, Polizette (May 11, 2017)
  238. Quoted in Removal of Trump’s Muslim Comments Raise Travel Ban Questions, The National Law Journal (May 11, 2017).
  239. Quoted in How to probe the Trump campaign’s Russian links?, The Economist (May 11, 2017).
  240. Quoted in Comey Firing Could Wake a Constitutional Wolf, Bloomberg BNA Law (May 11, 2017).]
  241. Quoted in Does Comey’s Dismissal Fit the Definition of a Constitutional Crisis?, The Atlantic (May 11, 2017).
  242. Quoted in Lawsuits piling up against Trump, The Hill (May 11, 2017).
  243. Guest on We the People Podcast, National Constitution Center, to discuss “Is the firing of James Comey a constitutional crisis?” (May 11, 2017) (AudioPost).
  244. Quoted in Here’s What Libertarian Legal Scholars Think About Comey’s Firing, Reason (May 10, 2017).
  245. Quoted in James Comey Admits Trump Had The Right To Fire Him, Western Journalism (May 11, 2017).
  246. Guest on The Tommy Tucker Show, WWL AM870 New Orleans, to discuss Trump’s firing of Comey (May 10, 2017).
  247. Quoted in Was It Legal? What Scholars Are Saying About the James Comey Firing, Fortune (May 10, 2017).
  248. Guest on AM740 KTRH Houston to discuss “Fake Law” (May 10, 2017).
  249. Quoted in Firing the FBI Director Is Not a ‘Constitutional Crisis’, Reason (May 10, 2017).
  250. Guest on NewsRadio 790 WAEB Allentown, PA with Bobby Gunther to discuss Obamacare (May 10, 2017) (Audio).
  251. Cited in Politico symposium on the firing of James Comey, Washington Post (May 10, 2017).
  252. Quoted in Those Ever-Moving Goalposts, Library of Law & Liberty (May 10, 2017).
  253. Guest on Making Money with Charles Payne, Fox Business Network (May 9, 2017) (VideoPost):
  254. Guest on Bloomberg Law Radio, Travel Ban Faces Tough Review in Virginia Court (May 9, 2017) (AudioPost).
  255. Quoted in Stop saying Yates owned Cruz, your legal ignorance is showing, Conservative Review (May 9, 2017).
  256. Cited in Containing the Weapon of Mass Disruption, Library of Law & Liberty (May 9, 2017).Cited in The Fourth Circuit Argument on the Refugee EO: Second-Guessing the President or Safeguarding Individual Rights?, Lawfare (May 9, 2017).
  257. Guest on The Michael Berry to discuss testimony of Sally Yates and IRAP v. Trump, AM740 KTRH Houston (May 8, 2017) (AudioPost).
  258. Quoted in Trump’s Rhetoric Causes Trouble in Court, Roll Call (May 2, 2017).Cited in Justice by algorithm: AI predicts the results of Supreme Court trials better than a human, U.K. Daily Mail (May 5, 2017).
  259. Quoted in Alaska Senator: Breaking Up 9th Circuit Court ‘Long Overdue’, Newsmax (May 3, 2017).
  260. Cited in Artificial intelligence prevails at predicting Supreme Court decisions, Science (May 2, 2017).
  261. Quoted in Breaking up the 9th Circuit would not necessarily benefit Trump, experts say, Washington Examiner (Apr. 30, 2017).
  262. Quoted in Trump Can’t Win His Battle Against the Judges, Slate (Apr. 27, 2017).
  263. Quoted in Trump’s Losing Streak in Courts Is Traceable to Conservative Judges, New York Times (Apr. 27, 2017).
  264. Quoted in The Sanctuary Cities Ruling Is Much Ado About Nothing, The Federalist (Apr. 26, 2017).
  265. Quoted in A Trump Lawsuit Gets a Boost from Restaurants, Bloomberg Business Work (April 24, 2017) (PDF).
  266. Guest on Houston Matters, Houston Public Media to Discuss the Separation of Powers (April 24, 2017) (Audio).
  267. Quoted in Winning! Trump, GOP Congress Are 0-4 On Major Campaign Pledges, Talking Points Memo (April 21, 2017).
  268. Quoted in Republicans Eye New Path Out of Health Care Wilderness, Lifezette (April 20, 2017).
  269. Quoted in Bill Would End Online Porn As We Know It, Unless You Pay The Gov’t, The Daily Caller (April 20, 2017)
  270. Guest on AM740 KTRH, Houston, discussing the Affordable Care Act (April 20, 2017) (Audio).
  271. Quoted on KRLD Radio 1080 AM Dallas, concerning the Affordable Care Act (April 18, 2017) (Audio).
  272. Cited in Researchers Predict SCOTUS Decisions With Improved Accuracy, Illinois Tech Today (April 18, 2017).
  273. Quoted in Trump’s message to Democrats: Negotiate Obamacare, or payments to insurers will be cut, The Washington Times (April 16, 2017).
  274. Quoted in “Neil Gorsuch has first day as an associate justice on the Supreme Court,” CBS News (April 14, 2017).
  275. Quoted in “Gorsuch begins first day at Supreme Court,” The Washington Examiner (April 13, 2017).
  276. Quoted in “Judge Richard Posner’s unimpeachable honesty,” USA Today (April 10, 2017).
  277. Quoted in “How will the ‘nuclear option’ affect future Supreme Court selections?,” The Washington Examiner (April 10, 2017).
  278. Cited in “Legal issues involved in the Trump immigration travel order,” Constitution Daily (April 10, 2017).
  279. Quoted in “The Conservative Pipeline to the Supreme Court,” The New Yorker (April 2017 Issue).
  280. Guest on Lou Dobbs Tonight, Fox Business Network to discuss Gosuch confirmation (Apr. 7, 2017) (VideoPost).
  281. Quoted in The post-constitutional world of Judge Richard Posner, The Washington Post (Apr. 7, 2017).
  282. Guest on Matt Patrick Show to discuss Electoral College, AM 740 KTRH Newsradio to discuss Gorsuch Confirmation (Apr. 7, 2017) (Audio).
  283. Guest on News Now with Bryan Nehman on WBAL Newsradio 1090, Baltimore, to discuss the Gorsuch confirmation (Apr. 6, 2017).
  284. Quoted in Conservatives hope Gorsuch seated before next Supreme Court oral arguments, The Washington Examiner (Apr. 6, 2017).
  285. Guest on KNX 1070 NEWSRADIO Los Angeles, to discuss Gorsuch confirmation (Apr. 3, 2017).
  286. Guest on The Michael Berry Show to discuss incitement claim against President Trump, KTRH Houston Talk radio (Apr. 3, 2017).
  287. Quoted in “How Trump Could Gut Obamacare Without Congress,” Lifezette (Apr. 3, 2017).
  288. Featured in “South Texas Law Prof Becomes Go-To Guy for National Media,” The Texas Lawyer (Apr. 1, 2017) (PDFPost)
  289. Quoted in “With new court filings, Trump’s travel ban appears more likely to reach Supreme Court,” L.A. Times (Mar. 31, 2017)
  290. Guest on Lou Dobbs Tonight to discuss the travel ban litigation, Fox Business Network (Mar. 31, 2017) (PostVideo).
  291. Guest on CNBC Nightly Business Report to discuss Affordable Care Act (Mar. 28, 2017) (PostVideo).
  292. Quoted in Lingering Obamacare court cases are troubling insurers, CNBC (Mar. 28, 2017).
  293. Cited in The U.S. Commission on Civil Rights Announces the Appointment of Advisory Committee Members for Four States, PR Newswire (Mar. 27, 2017).
  294. Quoted in Overview Of SCOTUS Nominee Neil Gorsuch’s Background And Record, Lawyers.com (Mar. 27, 2017).
  295. Quoted in What If Keeping Out “Bad and Dangerous” Muslims is the President’s National Security Purpose? And Other Vexing Questions, Lawfare (Mar. 24, 2017).
  296. Cited in A better constitutional basis for the Concealed Carry Reciprocity Act of 2017, The Washington Post (Mar. 23, 2017).
  297. Quoted in Did Gorsuch Tip Hand On Travel Ban?, Bloomberg BNA (Mar. 23, 2017).
  298. Guest on The Michael Berry Show, AM740 KTRH Houston (Mar. 22, 2017) (PostAudio).
  299. Quoted in ‘You’re Fired, Judge’: Sanctioning Federal Judges for Bad Behavior, American Thinker (Mar. 22, 2017).
  300. Guest on Lou Dobbs Tonight to discuss Judge Gorsuch’s confirmation hearing, Fox Business Network (Mar. 21, 2017) (PostVideo).
  301. Cited in Day One of the Neil Gorsuch hearings was not about Neil Gorsuch, The Washington Examiner (Mar. 21, 2017).
  302. Quoted in Trump Comments Highlight Need for a Plan When Clients Go Rogue, The National Law Journal (Mar. 20, 2017).
  303. Quoted in 5 times Gorsuch referenced ‘Hunger Games’ and other literary works in his legal writing, PBS Newshour (Mar. 20, 2017).
  304. Guest on KRLD 1080AM Dallas to discuss Judge Gorsuch’s confirmation hearing (Mar. 20, 2017).
  305. Cited in No, there is no way to force Supreme Court nominees to give revealing answers, The Washington Post (Mar. 20, 2017).
  306. Quoted in The Failures of the American Health Care Act, Reason (Mar. 19, 2017).
  307. Quoted in Immigration: Les déclarations de Trump sur un «muslim ban» se retournent contre lui, 20 Minutes (French) (Mar. 17, 2017).
  308. Quoted on the Rush Limbaugh Show about the travel ban litigation, EIB Network (Mar. 17, 2017) (PostAudio).
  309. Quoted in 5 Problems With The Hawaii Judge Halting Trump’s Travel Ban, The Federalist (Mar. 16, 2017).
  310. Guest on Lou Dobbs Tonight to discuss Hawaii v. Trump, Fox Business Network (Mar. 16, 2017) (PostVideo).
  311. Quoted in Trump’s Second Bid at Travel Ban Knocked Down by Two Judges, Bloomberg (Mar. 16, 2017).
  312. Guest on All Things Considered, National Public Radio, to discuss travel ban (Mar. 16, 2017) (PostAudio).
  313. Quoted in Judge Watson’s Decision Was Reckless, National Review (Mar. 16, 2017).
  314. Quoted in Trump Is His Own Travel Ban’s Worst Enemy, The Atlantic (Mar. 16, 2017).
  315. Cited in The Revised Refugee EO in the Courts II: The Flawed Maryland District Court Decision, Lawfare (Mar. 16, 2017).
  316. Cited in Revised, resubmitted, rejected, Vox (Mar. 16, 2017).
  317. Guest on Making Money with Charles Payne to discuss travel ban litigation, Fox Business Network (Mar. 15, 2017).
  318. Guest on AM740 KTRH, Houston to discuss health care (Mar. 15, 2017).
  319. Cited in Don’t Dreamers Have Rights?, Slate (Mar. 15, 2017).
  320. Guest on Supreme Court Twitter Chat, Bloomberg BNA (Mar. 14, 2017).
  321. Cited in Full Repeal Would Cover More People than House GOP’s ObamaCare-Lite Bill, Cato At Liberty (Mar. 14, 2017).
  322. Cited in Voters Won’t Ignore This CBO Score, Bloomberg View (Mar. 13, 2017).
  323. Quoted in The Legal Questions Facing Trump’s New Travel Ban, The Daily Signal (Mar. 13, 2017).
  324. Guest on KTSA Radio, San Antonio, to discuss Texas redistricting case (Mar. 13, 2017).
  325. Interviewed on WHDT News to discuss American Health Care Act (Mar. 12, 2017).
  326. Quoted in Legal Experts: Lawsuit Over Trump’s DC Hotel Conflicts Is Uphill Climb, TPM (Mar. 10, 2017).
  327. Guest on Australian Broadcasting Channel program “The World” to talk about travel ban (Mar. 7, 2017) (Video).
  328. Quoted in Trump’s revised ban less restrictive but will still face suits, The Houston Chronicle (Mar. 6, 2017).
  329. Quoted in President Trump’s new travel ban is much narrower — and possibly courtproofed, Vox (Mar. 6, 2017).
  330. Quoted in Trump’s Revised Travel Ban Is Less Restrictive But Will Still Face Suits, Bloomberg Politics (Mar. 6, 2017).
  331. Guest on National Constitution Center “We the People” Podcast to discuss the future of federalism (March 2, 2017) (Audio).
  332. Featured on KIRO 97.3 FM Seattle, The Tom and Curly Show, to discuss Sanctuary Cities and Federal Funding (Feb. 28, 2017) (Audio).
  333. Guest on Houston Matters, Houston Public Media, to discuss Texas Supreme Court oral arguments in Pidgeon v. Turner (Feb. 28, 2017) (Audio).
  334. Cited in Alexa’s responses to customers are protected by the First Amendment, Amazon argues in murder case, ABA Journal (Feb. 27, 2017).
  335. Quoted in GOP goes after Social Security gun rule, The Northwoods River News (Feb. 25, 2017).
  336. Guest on Making Money with Charles Payne, Fox Business Network (Feb. 24, 2017) (Video).
  337. Guest on Cato Daily Podcast, If States Don’t Play Ball, How Much Cash Can Feds Withhold? (Feb. 24, 2017).
  338. Quoted in Party politics play out in courts in Texas, nationally, USA Today (Feb. 23, 2017).
  339. Quoted in Trump Rescinds Obama-Era Guidance on Transgender Students, Roll Call (Feb. 22, 2017).
  340. Cited in Vox Sentences, Vox (Feb. 22, 2017).
  341. Quoted in Trump Targets Criminals, Late Arrivals in Immigration Enforcement, The Daily Signal (Feb. 21, 2017).
  342. Quoted in Appropriators Watch Trump’s Next Move on Obamacare Lawsuit, Roll Call (Feb. 21, 2017).
  343. Guest on The Mike Hart Show to discuss Unraveled, WXJC-AM (850 AM) Birmingham, AL (Feb. 20, 2017).
  344. Guest on AM740 KTRH to discuss libel law (Feb. 20, 2017) (Audio).
  345. Guest on the Brian Thomas Morning Show, 55KRC AM to discuss Unraveled (Feb. 17, 2017) (Video).
  346. Quoted in Price’s Conundrum: Pull The Plug On Obamacare Or Keep It On Life Support?, TPM (Feb. 14, 2017).
  347. Immigration order court battle just beginning, World News Group (Feb. 13, 2017).
  348. Cited in Protecting consumers from swindlers, The Washington Times (Feb. 12, 2017).
  349. Guest on NPR’s Weekend Edition Saturday with Nina Totenberg, “Trump’s Criticism Of Judges Out Of Line With Past Presidents” (Feb. 11, 2017) (PostAudio).
  350. Quoted in “Fixing Trump Executive Order’s Legal Problems Is No Easy Task,” Bloomberg Politics (Feb. 11, 2017).
  351. Quoted in “Trump reportedly considers new immigration order after court defeat,” Fox News (Feb. 10, 2017).
  352. Guest on “Making Money” with Charles Payne, Fox Business Network, to discuss immigration Appeal (Feb. 10, 2017) (PostVideo).
  353. Quoted in “Precedented: Is Trump uniquely awful? Some historic perspective,” Washington Examiner (Feb. 10, 2017).
  354. Quoted in “Trump Weighs New Immigration Order With Next Legal Moves Unclear,” Bloomberg Politics (Feb. 10, 2017).
  355. Guest on KURV 710AM McAllen to discuss Trump’s executive action on immigration (Feb. 10, 2017).
  356. Quoted in “Trump’s Court Battle in Perspective,” Canada Free Press (Feb. 10, 2017).
  357. Quoted in “‘See You In Court,’ Trump Says. OK, Now What?“, FiveThirty Eight (Feb. 10, 2017).
  358. Quoted in “Trump’s Court Battle in Perspective,” Accuracy in Media (Feb. 10, 2017).
  359. Guest on Tom Bernard Podcast to discuss nomination of Judge Gorusch (Feb. 10, 2017) (Audio).
  360. Featured on KDKA Radio Pittsburgh, discussing travel ban (Feb. 9, 2017).
  361. Cited in “Dems seize on court rebuke of Trump’s immigration ban,” Politico (Feb. 9, 2017).
  362. Guest on Houston Matters, Houston Public Radio, to discuss President Trump’s regulatory rollback (Feb. 9, 2017) (Audio).
  363. Guest on Lou Dobbs Tonight to discuss Washington v. Trump (Feb. 9, 2017) (PostVideo).
  364. Quoted in “US appeals court refuses to reinstate President Trump’s travel ban,” Associated Press (Feb. 9, 2017) (Translated in SpanishGermanPortuguese)
  365. Quoted in The Threat to the Integrity of an Independent Judiciary, National Review (Feb. 9, 2017).
  366. Quoted in “6 times when presidents besides Trump weighed in on court rulings,” Los Angeles Times (Feb. 8, 2017).
  367. Guest Lou Dobbs Tonight to discuss Washington v. Trump (Feb. 8, 2017) (PostVideo).
  368. Guest on Heartland Institute Podcast to Discuss Obamacare in the Trump Administration (Feb. 7, 2017) (PostAudio).
  369. Quoted in “Lawyers clash at hearing over future of Trump’s immigration ban,” The Globe and Mail of Canada (Feb. 7, 2017).
  370. Guest on Fox Business “Making Money” to talk about 9th Circuit Arguments in Washington v. Trump (Feb. 7, 2017) (PostVideo).
  371. Guest on Houston Matters, “Vote Reignites Debate Over Teaching Evolution and Creationism in Texas Schools” Houston Public Radio (Feb. 7, 2017) (Audio).
  372. Quoted in “Please stop calling everything Trump does ‘unprecedented,’” The New York Post (Feb. 7, 2017).
  373. Quoted in “What’s Next in Hot-Button Travel Ban Litigation?,” The National Law Journal (Feb. 7, 2017).
  374. Cited in “The Refugee Executive Order, the Immigration Act, and the Government’s Bottom Line,” Lawfare (Feb. 7, 2017).
  375. Quoted in “Liberals exploiting anti-Obama tactics to thwart Trump’s travel ban,” Politico (Feb. 7, 2017).
  376. Quoted in “Battle over Trump’s travel ban appears destined for Supreme Court,” The Financial Times (Feb. 7, 2017).
  377. Quoted in “The legal battle over Trump’s immigration ban, explained,” Vox (Feb. 7, 2017).
  378. Quoted in “Understanding the Legality of Trump’s Refugee Action,” Lifezette (Feb. 7, 2017).
  379. Cited in “The case for Trump’s ban would be much stronger without Trump,” Fox (Feb. 6, 2017).
  380. Quoted in “Trump’s tweets against judges worry legal community,” CNN Politics (Feb. 6, 2017).
  381. Quoted in CNN’s Selective Outrage on Judicial Criticism, Lifezette (Feb. 6, 2017).
  382. Guest on “To The Point,” KCRS Public Radio, to discuss President Trump’s Executive Order (Feb. 6, 2017) (Audio).
  383. Quoted in “This Is What’s Happening On Trump’s Refugee Order,” The Daily Caller (Feb. 6, 2017).
  384. Guest on BBC Radio 4 to discuss the Separation of Powers (Feb. 6, 2017) (PostAudio).
  385. Guest on BBC One – Breakfast to discuss the travel ban (Feb. 6, 2017) (PostVideo)
  386. Guest on the BBC World News to discuss the travel ban (Feb. 6, 2017) (PostVideo).
  387. Quoted in “Federal appeals court will not immediately reinstate executive orders on immigration,” the Christian Science Monitor (Feb. 5, 2017).
  388. Guest on The Bill Cunningham Show, 700 AM WLW Cincinnati to discuss nomination of Judge Gorsuch (Feb. 5, 2017) (Audio).
  389. Quoted in “Trump Officials File Appeal to Overturn Ruling Blocking Immigration Order,” The New York Times (Feb. 4, 2017).
  390. Quoted in “The deadly serious accusation of being a ‘so-called judge,’” Washington Post  (Feb. 4, 2017).
  391. Quoted in “Sauce For The Goose? Judge Cites Anti-Obama Ruling To Block Trump’s Immigration Order,” Forbes (Feb. 4, 2017).
  392. Quoted in “Hyller Donald Trumps valg,” Nettavisen (Feb. 4, 2017).
  393. Quoted in “Die kurzfristige Macht der Richter,” Zeit Online (Feb. 4, 2017).
  394. Guest on Popp Off, KAHI-AM Sacramento to discuss Supreme Court nomination (Feb. 3, 2017).
  395. Quoted in “Detentions’ Immediacy Forgives Class Flaws,” Bloomberg BNA Class Action Litigation Report (Feb. 3, 2017).
  396. Guest on WILS-AM Lansing MI with Dave Ackerly to discuss Supreme Court nomination (Feb. 2, 2017) (Audio).
  397. Quoted in “Federal Judges to Hear Arguments Defending Trump Travel Ban,” Associated Press (Feb. 2, 2017).
  398. Guest on 1A, WAMU Public Radio, “Before The Court: A Vacant Seat And The Current Caseload” (Feb. 1, 2017) (Audio).
  399. Quoted in “Trump’s Immigration Order Might Be Constitutional, But Its Hasty Construction Will Hurt Him,” The Federalist (Feb. 1, 2017).
  400. Guest on News Now with Bryan Nehman on WBAL Newsradio 1090, Baltimore to discuss the Supreme Court (Feb. 1, 2017).
  401. Quoted in “President Trump taps conservative Neil Gorsuch for Supreme Court,” Christian Science Monitor (Feb. 1, 2017).
  402. Guest on CNBC Squawk Box to discuss Supreme Court nomination (Jan. 31, 2017) (Video).
  403. Guest on The Larry O’Connor Show to discuss Supreme Court nomination, WMAL 630 AM Washington, D.C. (Jan. 31, 2017) (Audio).
  404. Quoted in “Democrats should use the coming court fight to spotlight Trump’s authoritarianism. Here’s how.,” Washington Post (Jan. 31, 2017).
  405. Quoted in “Picking and choosing: Fired AG defended Obama’s unlawful immigration amnesty,” Washington Times (Jan. 31, 2017).
  406. Quoted in “From reality TV clown to Nixon on steroids: ‘You’re fired!‘” Newsworks (Jan. 31, 2017).
  407. Quoted in “Trump had to fire Sally Yates, Hillary blames Obama and other notable comments,” New York Post Editorial Board (Jan. 31, 2017).
  408. Guest on Bloomberg Law Radio to discuss “Sally Yates Out After Disagreement With Trump” (Jan. 31, 2017) (Audio).
  409. Quoted in “Will Trump’s SCOTUS pick disappoint Trump?,” Politico (Jan. 31, 2017).
  410. Quoted in “Trump’s AG Pick Once Told Yates to ‘Say No’ to Improper Demands,” National Law Journal (Jan. 31, 2017).
  411. Quoted in “Here is who prediction markets favor for Trump’s Supreme Court pick,” Washington Examiner (Jan. 31, 2017).
  412. Guest on the Mildred Gaddis Show, Am 1200/99.9 FM WCHB Detroit, to discuss Trump’s firing of Yates (Jan. 31, 2017).
  413. Guest on BBC World Service: “President Trump Replaces Acting Attorney General” (Jan. 31, 2017) (Audio).
  414. Quoted in “Trump Fires Acting AG Who Refused to Enforce Refugee Order,” The Daily Caller (Jan. 30, 2017).
  415. Quoted in “Trump’s ACA Executive Order Won’t Affect Obamacare Litigation,” Bloomberg BNA Health Blog (Jan. 30, 2017).
  416. Guest on “Airtalk,” 89.3 KPCC National Public Radio to discuss “Debating constitutionality, intent and efficacy of Trump Executive Order on immigration” (Jan. 30, 2017) (Audio).
  417. Guest on “This World” on Australian Broadcasting Channel to discuss Trump’s executive order on immigration (Jan. 30, 2017) (PostVideo).
  418. Guest on AM740 KTRH to discuss the Supreme Court and immigration (Jan 30, 2017).
  419. Guest on WHDT Naples to discuss Supreme Court nomination, (Jan. 29, 2017).
  420. Quoted in Obamacare Executive Order Has Little Effect on Litigation, Bloomberg BNA Health Reporter (Jan. 27, 2017).
  421. Quoted in Will Politics Derail Suit Over Trump Business Deals? Bloomberg BNA Law Week (Jan. 26, 2017).
  422. Guest on KURV 710AM McAllen to discuss Trump’s executive action on immigration (Jan. 26, 2017).
  423. Guest on The Tommy Tucker Show, WWL AM870 New Orleans, to discuss Trump’s executive action on immigration (Jan. 26, 2017).
  424. Quoted in Fans have fantasy sports, Supreme Court nerds have FantasySCOTUS, USA Today (Jan. 26, 2017).
  425. Guest on To The Point (KCRW Public Radio), to discuss Trump’s executive action on immigration (Jan. 26, 2017) (Audio).
  426. Quoted in Employers’ ACA burden: Overlooked, or oversimplified, in Trump executive order?, ACA Insights (Jan. 25, 2017).
  427. Guest on KRLD 1080AM Dallas to discuss the Emoluments Clause (Jan. 25, 2017).
  428. Quoted in Lawyers are being replaced by machines that read, Quartz (Jan. 25, 2017).
  429. Quoted in Democrats-linked ethics group sues Trump over ‘unconstitutional’ DC hotel, RT (Jan. 24, 2017).
  430. Quoted in Law Profs Butt Heads Over Suit Filed Against Trump, National Law Journal (Jan. 23, 2017).
  431. Quoted in Trump’s Foreign Dealings Violate Constitution, Suit Claims, Bloomberg Politics (Jan. 23, 2017).
  432. Quoted in What is the ‘Emoluments Clause’? Does it apply to President Trump?, Washington Post (Jan.23, 2017).
  433. Quoted in Taxpayers Will Defend Trump in Suit Charging Constitutional Violations, New York Times (Jan. 23, 2017).
  434. Quoted in Why the New Ethics Lawsuit Against Trump Is Probably Dead on Arrival, The Fiscal Times (Jan. 23, 2017).
  435. Quoted in Does the emoluments clause lawsuit against President Trump stand a chance?, Washington Post (Jan. 23, 2017).
  436. Quoted in ‘Emoluments’ Lawsuit Against Trump May Get Kicked Out Of Court, Huffington Post (Jan. 23, 2017).
  437. Cited in Can President Trump’s executive order unravel the Affordable Care Act?, The Washington Post (Jan. 23, 2017).
  438. Quoted in Exclusive: Andy Slavitt’s next mission is saving Obamacare, Politico (Jan. 23, 2017).
  439. Guest on The Tommy Tucker Show, WWL AM870 New Orleans, to discuss Trump’s executive action on Obamacare (Jan. 23, 2017) (Audio).
  440. Quoted in Trump May Use Obama’s Executive Branch Power Grabs to Destroy Obamacare, Reason (Jan. 23, 2017).
  441. Quoted in Neil Gorsuch Said to be a Leading SCOTUS Contender, ABA Journal (Jan. 23, 2017).
  442. Quoted in Donald Trump hérite d’un large pouvoir présidentiel, La Libre – Belgium (Jan. 23, 2017) (PDF).
  443. Quoted in Predicting Donald Trump’s pick for the Supreme Court, The Economist’s Democracy in America Blog (Jan. 23, 2017).
  444. Quoted in Trump says lawsuit claiming he violated the Constitution is ‘without merit’, Politico (Jan. 22, 2017).
  445. Quoted in How Trump can use Obamacare to kill Obamacare, Politico (Jan. 22, 2017).
  446. Quoted in How Will Trump Shrink Obamacare? The Same Way Obama Did, Forbes (Jan. 21, 2017).
  447. Guest on the Texas Standard to discuss How Trump’s Supreme Court Nominee Could Affect Texas Cases(Jan. 20, 2017).
  448. Quoted in GOP has an opportunity to make Obama’s legacy a mere BLIP in American history, Conservative Review (Jan. 20, 2017).
  449. Guest on Chris Oaks Morning Show, WFIN AM1330 Toledo, to discuss Obamacare (Jan. 19, 2017) (Audio).
  450. Interviewed, “Cross: Josh Blackman, A Fearless Constitutional Contrarian,” Fault Lines (Jan. 18, 2017).
  451. Guest on Brainfood from the Heartland with Louie B. Free on WYCL-AM 1540, Ohio to discuss Unraveled (Jan. 18, 2017) (AudioPost).
  452. Guest on The Tom Amis Show on WCXZ-AM/Knoxville to Discuss Unraveled (Jan. 18, 2017) (AudioPost).
  453. Quoted in Game of Robes: Rampant Speculation over a Supreme Court pick, CQ Roll Call (Jan. 11, 2017).
  454. Guest on We The People, AM Talk Radio WAMV-AM/Lynchburg, VA with Bob Langenstaff (Jan. 11, 2017) (Audio, Post).
  455. Guest on The Frankie Boyer Show to discuss Unraveled, BizTalk Radio (Jan. 11, 2017) (AudioPost).
  456. Quoted in “Judge Danny Boggs to Take Senior Status,” National Review Bench Memos (Jan. 10, 2017).
  457. Quoted in “Trump SCOTUS Short-Lister Gorsuch: Five Things to Know,” Bloomberg BNA United States Law Week (Jan. 9, 2017).
  458. Guest on “It’s Your Turn” with Dave Malarkey, WISB 680 AM, to Discuss Unraveled and SCOTUS (Jan. 6, 2017) (PostAudio).
  459. Quoted in “Handicapping Donald Trump’s Supreme Court Shortlist,” Above The Law (Jan. 6, 2017).
  460. Quoted in Trump Vows Action on Obamacare as GOP Weighs Options, Lifezette (Jan. 4, 2017).
  461. Guest on AM740 KTRH to discuss federal court vacancies to be filled by President Trump (Jan 2, 2017) (Audio 1Audio 2).