Publications

Josh has published 245 commentaries in 48 outlets.

2024
- Jack Smith — There He Goes Again
  
  American Spectator (7/24/24)
2023
- Why the Manhattan DA Trump Case Cannot Be Removed To Federal Court
  
  Lawfare (5/18/23)
- Law schools face an inflection point with diversity, equity and inclusion
  
  ABA Journal (6/4/23)
- The ABA needs ideological diversity to ensure its future
  
  ABA Journal (6/4/23)
2022
- Who will be the new Roberts whisperer?
  
  Politico Magazine (1/27/22)
- ‘Who Decides?’ Review: The Supreme Court, the States and the Contest for Control
  
  Wall Street Journal (1/28/22)
- For SCOTUS Vacancy, Senators Should Give 'Advice' Before They 'Consent'
  
  Newsweek (2/3/22)
- 12 Questions That Would Actually Tell Us Something About Ketanji Brown Jackson
  
  Politico Magazine (3/22/22)
- Only the Feds Could Disqualify Madison Cawthorn and Marjorie Taylor Greene
  
  New York Times (4/20/22)
- Originalism and Stare Decisis in the Lower Courts
  
  Heritage Foundation (5/12/22)
- Perspective: On abortion, justices demonstrate courage under fire
  
  Deseret News (6/24/22)
- What Overruling Roe and Casey Means For The Supreme Court's 'Legitimacy'
  
  Newsweek (7/20/22)
2021
- We were left with a show trial
  
  Politico Magazine (2/13/21)
- Conservative Justices Warn Kavanaugh and Barrett Lack 'Fortitude'
  
  Newsweek (7/6/21)
- The Supreme Court Could Not 'Block' Texas' Fetal Heartbeat Law
  
  Newsweek (9/3/21)
- Biden's Vaccine Mandate Is Counterproductive and Likely Illegal
  
  Newsweek (9/13/21)
- In Texas Abortion Case, Kavanaugh and Barrett Caved to Judicial Supremacy
  
  Newsweek (11/2/21)
- Fighting Antisemitism by Protecting Religious Liberty
  
  Heritage Foundation (11/16/21)
- The Roberts Court Is Poised To Unravel Roe v. Wade's Precedential
  
  Newsweek (12/2/21)
2020
- Trump Acts Like a Politician. That’s Not an Impeachable Offense.
  
  New York Times (1/23/20)
- Trump has the constitutional power to intervene in Roger Stone’s sentencing
  
  Washington Post (2/19/20)
- The Mysterious Meaning of the Second Amendment
  
  The Atlantic (2/28/20)
- Justice Gorsuch Halfway Textualism Surprises and Disappoints in the Title VII Cases
  
  National Review (6/26/20)
- It must be nice to have John Marshall on your side
  
  SCOTUSBlog (7/10/20)
- Justice Breyer made it impossible for Congress to impeach territorial officers for accepting bribes
  
  Balkinization (7/14/20)
- Invisible Majorities: Counting to nine votes in per curiam cases
  
  SCOTUSBlog (7/23/20)
- Justice Gorsuch’s Legal Philosophy Has a Precedent Problem
  
  The Atlantic (7/24/20)
- Gorsuch and Kavanaugh Stake out their Independence from Trump
  
  National Review (7/28/20)
- A Supreme Court Divided Cannot Stand. John Roberts Must Step up or Step Off
  
  Newsweek (8/3/20)
- The individual plaintiffs in California v. Texas suffer a greater Article III injury than did the individual plaintiffs in NFIB v. Sebelius
  
  SCOTUSBlog (11/5/20)
- The Statutory Authority for Barr’s Appointment of Durham as Special Counsel
  
  Lawfare (12/2/20)
2019
- What Happens if the Virginia Lieutenant Governor Resigns?
  
  Election Law Blog (2/8/19)
- How Congress and President Obama Made Trump’s Wall Possible
  
  Lawfare (2/15/19)
- Guedes v. Bureau of Alcohol, Tobacco, Firearms & Explosives
  
  CATO At Liberty (3/8/19)
- Kavanaugh Went up to the Line That Sotomayor Crossed
  
  The Atlantic (3/22/19)
- Tensions on the Supreme Court are spilling into view
  
  Washington Post (4/15/19)
- The Special Counsel's Constitutional Analysis: The Clear Statement Rule
  
  Lawfare (4/19/19)
- Is the Government Required to Count the Number of Citizens in Each State?
  
  The Volokh Conspiracy (4/25/19)
- The Special Counsel's Constitutional Analysis: Corrupt Intent and the Take Care Clause
  
  Lawfare (4/30/19)
- The Special Counsel's Constitutional Analysis: Chilling Effects
  
  Lawfare (4/30/19)
- The Special Counsel's Constitutional Analysis: Clearing up the Clear Statement Rule
  
  Lawfare (4/30/19)
- NFIB v. Sebelius Already Addressed the "Injury in Fact" Question in Texas v. U.S.
  
  The Volokh Conspiracy (7/8/19)
- The Private Plaintiffs are Still Standing in Texas v. U.S.
  
  The Volokh Conspiracy (7/22/19)
- The Affordable Care Act Imposes A Mandate. Not A Choice.
  
  The Volokh Conspiracy (7/23/19)
- The Trump Administration Does Not Support The Total Invalidation of the ACA
  
  The Volokh Conspiracy (7/24/19)
- What is the Plaintiffs' Cause of Action in the Wall Litigation?
  
  The Volokh Conspiracy (7/31/19)
- Don’t judge a brief by its cover: DACA is a good policy that Congress has not authorized
  
  SCOTUSBlog (9/11/19)
- The Congressional Research Service Has Shifted Its Position on Whether the Foreign Emoluments Clause Applies to the President
  
  The Volokh Conspiracy (10/3/19)
- The Office of Legal Counsel Has Not Shifted Its Position on Whether the Foreign Emoluments Clause Applies to the President. But the Civil Division Has
  
  The Volokh Conspiracy (10/4/19)
- The Inspector General, General Services Administration, Refuses to Acknowledge Her Plain Error About the Domestic Emoluments Clause
  
  The Volokh Conspiracy (10/7/19)
- Senator Blumenthal's Emoluments Clause brief conflicts with INS v. Chadha
  
  The Volokh Conspiracy (11/4/19)
- The American Bar Association Broke Its Own Rules
  
  The Atlantic (11/6/19)
- Could Justice Thomas Preside over President Trump’s Impeachment Trial?
  
  Balkinization (11/17/19)
- The Weird Scenario That Pits President Pelosi Against Citizen Trump in 2020
  
  The Atlantic (11/20/19)
- My Experience on the Supreme Court Bar Line for the DACA Case
  
  The Volokh Conspiracy (11/22/19)
- Overview of Oral Arguments in NYS Rifle and Pistol Association v. City of New York
  
  The Volokh Conspiracy (12/3/19)
- Defining a Theory of ‘Bribery’ for Impeachment
  
  Lawfare (12/6/19)
- What the Democrats Left Out
  
  The Atlantic (12/10/19)
2018
- Manafort v. DOJ: The Wolf That Didn’t Bark
  
  Lawfare (1/3/18)
- A Ludicrous Ruling that Trump Can’t End DACA
  
  National Review (1/10/18)
- Judge Alsup’s Flawed Legal Premise
  
  Lawfare (1/11/18)
- Understanding Sessions’s Justification to Rescind DACA
  
  Lawfare (1/16/18)
- Trump Tried to Fire Mueller. So What?
  
  Politico Magazine (1/26/18)
- The Emoluments Clauses Litigation, Part 6: Are the Claims Against the President in his Official or Individual Capacity?
  
  The Volokh Conspiracy (2/6/18)
- The Emoluments Clauses Litigation, Part 7: The President’s Acceptance or Receipt of Profits is not “Executive Action”
  
  The Volokh Conspiracy (2/7/18)
- 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
  
  The Volokh Conspiracy (2/8/18)
- On the Judicial Resistance
  
  Lawfare (2/12/18)
- The Judiciary Learns To Equilibrate Between the President and the Legal Resistance
  
  Lawfare (2/15/18)
- The Travel Ban, Article II, and the Nondelegation Doctrine
  
  Lawfare (2/22/18)
- Testing California’s “Sanctuary Law,”
  
  Wall Street Journal (3/13/18)
- Students at CUNY Law Protested and Heckled My Lecture about Free Speech on Campus
  
  National Review (4/12/18)
- CUNY Law students heckled my talk on campus free speech
  
  New York Daily News (4/21/18)
- The Easy Way Forward on Trump v. Hawaii
  
  Lawfare (4/25/18)
- Dueling Cosmic Injunctions, DACA and Departmentalism
  
  Lawfare (5/22/18)
- Conservative and Libertarian Lawyers in the Era of Trump
  
  Lawfare (5/29/18)
- What Obstruction Law Applies to the President?
  
  Lawfare (6/6/18)
- The Room Where It Happens
  
  National Review (6/28/18)
- Five Unanswered Questions From Trump v. Hawaii
  
  Lawfare (7/3/18)
- Can the Special Counsel Regulations Be Unilaterally Revoked?
  
  Lawfare (7/5/18)
- Don’t Try to Expand the Number of Supreme Court Justices
  
  National Review (7/5/18)
- Is Robert Mueller an 'Officer of the United States' or an 'Employee of the United States'?
  
  Lawfare (7/23/18)
- Who Was Right About the Emoluments Clauses? Judge Messitte or President Washington?
  
  The Volokh Conspiracy (8/3/18)
- Corpus Linguistics and the Second Amendment
  
  Harvard Law Review Blog (8/7/18)
- Silencing of a Conservative Speaker
  
  Human Rights Magazine (9/1/18)
- Birthright Citizenship Is a Constitutional Mandate
  
  Wall Street Journal (10/31/18)
- Understanding the New Obamacare Decision, Texas v. United States: Part I
  
  The Volokh Conspiracy (12/15/18)
- Understanding the New Obamacare Decision, Texas v. United States: Part II
  
  The Volokh Conspiracy (12/17/18)
- The Ninth Circuit Previews Why Article II Will Save The Travel Ban
  
  Lawfare (12/26/18)
2017
- How the States Can Help Trump Make Federalism Great Again
  
  National Review (1/18/17)
- Congress should rescind Social Security regulation that violates civil rights of those with disabilities
  
  The Hill (1/25/17)
- Why Trump Had To Fire Sally Yates
  
  Politico Magazine (1/31/17)
- The Kennedy Whisperer
  
  Politico Magazine (2/1/17)
- The Ninth Circuit’s Contrived Comedy of Errors in Washington v. Trump: Part I
  
  Lawfare (2/13/17)
- The Ninth Circuit’s Contrived Comedy of Errors in Washington v. Trump: Part II
  
  Lawfare (2/14/17)
- Fair-Weather Originalists
  
  National Review (2/20/17)
- Obamacare is unlikely to survive even if it is repaired
  
  Philadelphia Inquirer (3/5/17)
- The Legality of the 3/6/17 Executive Order, Part I: The Statutory and Separation of Powers Analyses
  
  Lawfare (3/11/17)
- The Legality of the 3/6/17 Executive Order, Part II: The Due Process Clause Analysis
  
  Lawfare (3/12/17)
- The Legality of the 3/6/17 Executive Order, Part III: The Establishment Clause
  
  Lawfare (3/15/17)
- Why Courts Shouldn’t Try to Read Trump’s Mind
  
  Politico Magazine (3/16/17)
- Is This A Constitutional Crisis
  
  Politico Magazine (5/9/17)
- 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 (5/9/17)
- IRAP v. Trump: Applying The “Presumption of Regularity” in “Uncharted Territories,”
  
  Lawfare (5/9/17)
- Hawaii v. Trump: What Would an “Objective Observer” Think of President Trump’s Travel Ban?
  
  Lawfare (5/16/17)
- The Simple Answer to Judge Paez’s Question about Korematsu
  
  Lawfare (5/19/17)
- Could Trump Remove Special Counsel Robert Mueller? Lessons from Watergate
  
  (5/23/17)
- Analysis of IRAP v. Trump Part I: The Fourth Circuit’s Reliance on Pre- and Post-Inauguration Statements
  
  Lawfare (5/27/17)
- Analysis of IRAP v. Trump Part II: The Fourth Circuit’s Misuse of Mandel, Din, Lemon, and Town of Greece
  
  Lawfare (5/28/17)
- Analysis of IRAP v. Trump Part III: The Concurring Opinions of Judges Thacker, Keenan, and Wynn
  
  Lawfare (5/30/17)
- 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 (6/2/17)
- Analysis of IRAP v. Trump Part IV: Judge Niemeyer’s Dissent
  
  Lawfare (6/2/17)
- All The President’s Tweets
  
  Lawfare (6/5/17)
- Senate Republicans put Trump on notice
  
  Politico Magazine (6/8/17)
- America Needs Closure on the Travel Ban
  
  New York Times (6/11/17)
- Six Possible Options for the Supreme Court’s Review of the Travel Ban
  
  Lawfare (6/24/17)
- Quick Decision on Health-Care Law
  
  National Review (6/27/17)
- The Scope of the Supreme Court’s Decision in IRAP v. Trump
  
  Lawfare (6/27/17)
- A Federal Judge Halts California’s Confiscation of High-Capacity Magazines
  
  Fox News (7/3/17)
- A Federal Judge Halts California’s Confiscation of High-Capacity Magazines
  
  National Review (7/3/17)
- Understanding the Supreme Court’s equitable ruling in Trump v. IRAP
  
  SCOTUSBlog (7/12/17)
- Yes, Trump Can Accept Gifts
  
  New York Times (7/13/17)
- President Trump Must End Illegal Obamacare Payments to Congress and Insurers
  
  National Review (7/31/17)
- The First Amendment on the Grounds in Charlottesville
  
  Lawfare (8/14/17)
- Congress Should Fund Obamacare Subsidies — or Trump Must Stop Them
  
  National Review (8/17/17)
- The Solitary Executive
  
  Lawfare (8/18/17)
- Collateral Damage: The Arpaio Pardon and Separation of Powers
  
  Lawfare (8/30/17)
- Trump’s DACA Decision Defies All Norms
  
  Foreign Policy (9/7/17)
- ‘Neutral Principles’ and the ‘Presumption of Regularity’ in the Era of Trump
  
  Lawfare (9/7/17)
- Trump Talks, Schneiderman Sues
  
  Wall Street Journal (9/13/17)
- Reality Sets in for Federal Courts: The Travel Ban Was a ‘Temporary Pause’
  
  Lawfare (9/25/17)
- The Emoluments Clauses litigation, Part 1: The Constitution’s taxonomy of officers and offices
  
  Washington Post (9/25/17)
- The Emoluments Clauses litigation, part 2 — the practices of the early presidents, the first Congress and Alexander Hamilton
  
  Washington Post (9/26/17)
- The emoluments clauses litigation, Part 3 — so what if the president does not hold ‘Office … under the United States’?
  
  Washington Post (9/28/17)
- The emoluments clauses litigation, part 4 — an emolument is the “profit derived from a discharge of the duties of the office”
  
  Washington Post (9/29/17)
- The emoluments clauses litigation, part 5 — problems with the complaints in CREW v. Trump
  
  Washington Post (10/1/17)
- The Legal Resistance to President Trump
  
  National Review (10/11/17)
- A Nonchalant Conclusion to Trump v. IRAP
  
  Lawfare (10/13/17)
- The ‘Resistance’ vs. George Washington
  
  Wall Street Journal (10/15/17)
- Jeff Sessions Restores the Rule of Law
  
  National Review (10/16/17)
- The Travel Ban and the Rational Basis Test
  
  Lawfare (10/23/17)
- College students should learn from the Supreme Court: Free speech protects everyone
  
  Washington Times (10/25/17)
- Is Trump Restoring the Separation of Powers?
  
  National Review (11/20/17)
- Let’s Settle the Legality of DACA Now
  
  National Review (11/22/17)
- Republicans Should Not Pack The Courts
  
  National Review (11/27/17)
- Richard Cordray’s Tempest in a Teapot
  
  National Review (11/27/17)
- Can the President Obstruct Justice?
  
  Politico Magazine (12/4/17)
- Obstruction of Justice and the Presidency: Part I
  
  Lawfare (12/5/17)
- For Judges, ‘Legality’ Is Their Only ‘Reality’
  
  Lawfare (12/11/17)
- Obstruction of Justice and the Presidency: Part II
  
  Lawfare (12/12/17)
- A Better Way To Give Trump More Judgeships To Fill
  
  National Review (12/18/17)
- Obstruction of Justice and the Presidency: Part III
  
  Lawfare (12/18/17)
2016
- Obama’s Long Game on Guns
  
  National Review (1/20/16)
- President Obama, Meet the ‘Take Care Clause
  
  National Review (1/20/16)
- Immigration at the high court: The coming decision
  
  Philadelphia Inquirer (2/14/16)
- The Framers Made the Appointment Process Explicitly Political
  
  National Review (2/15/16)
- Only Eight Justices? So What
  
  Wall Street Journal (2/23/16)
- Obamacare Again? A Second chance for the Little Sisters
  
  The Weekly Standard (3/28/16)
- Obama Asks Supreme Court to Rewrite His Immigration Policy
  
  National Review (4/20/16)
- Donald Trump’s Constitution of One
  
  National Review (5/12/16)
- The House Stands Up to Unconstitutional Obamacare Payments
  
  National Review (5/13/16)
- Cautiously Optimistic about Trump’s SCOTUS Shortlist
  
  National Review (5/19/16)
- Texas Judge Rebukes Obama Justice Department for “Bad Faith” in Immigration Case
  
  National Review (5/20/16)
- The Supreme Court Has Strengthened Gun Rights and Limited Gun Control
  
  New York Times (6/15/16)
- The government can’t make you use ‘zhir’ or ‘ze’ in place of ‘she’ and ‘he,’
  
  Washington Post (6/16/16)
- A ‘No Buy’ List for Suspected Terrorists Would Be Constitutionally Reckless
  
  National Review (6/16/16)
- Obamacare and Executive Overreach
  
  InFocus (6/29/16)
- Justice Thomas’s 25th anniversary on the Court
  
  National Review (7/1/16)
- Scalia Yells Stop: Standing Athwart History to Protect the Separation of Powers
  
  Heritage Foundation (8/30/16)
- Unteaching Professor Obama’s constitutional lessons
  
  Washington Times (9/12/16)
- Obamacare on Life Support
  
  National Review (9/13/16)
- Restoring the Lost Confirmation
  
  National Affairs (9/21/16)
- Litigating Obamacare’s race to the Supreme Court in King v. Burwell and Halbig v. Burwell
  
  Washington Post (9/21/16)
- How the Obama administration’s executive actions sabotaged Obamacare
  
  Washington Post (9/21/16)
- The Obama administration lacks the authority to pick and choose which religious groups are exempted from the contraceptive mandate
  
  Washington Post (9/21/16)
- The origin of House of Representatives v. Burwell
  
  Washington Post (9/22/16)
- Healthcare reform can’t succeed because we still want to keep the plans we like
  
  The Hill (9/22/16)
- The Supreme Court’s punt on the Little Sisters of the Poor cannot be returned
  
  Washington Post (9/23/16)
- Obamacare Is Falling Apart, and Liberals Want to Replace It with a Single-Payer System
  
  National Review (10/19/16)
- Chabad’s ritual is a clear example of the free exercise of religion
  
  Los Angeles Times (10/20/16)
- President Obama remains in denial about ObamaCare’s implosion
  
  The Hill (10/26/16)
- A Very Texas Term at the Supreme Court
  
  Texas Bar Journal (11/1/16)
- Trump’s Victory Expands the Supreme Court, and Shrinks Its Docket
  
  National Review (11/10/16)
- A Blueprint for Repealing and Replacing Obamacare with Bipartisan Support
  
  National Review (11/11/16)
- Unraveling Obama-Era Regulations on Day One with the Congressional Review Act, Notice and Comment
  
  Yale Journal on Regulation Blog (11/22/16)
- Who Do Insiders Think Trump Will Select for the Supreme Court?
  
  The Weekly Standard (11/23/16)
- Letter to the Editor concerning constitutionality of electoral college
  
  Los Angeles Times (12/19/16)
2015
- Obama’s ‘Complete Abdication’ of the Law
  
  National Review (2/18/15)
- A Litmus Test for ObamaCare and the Rule of Law
  
  Wall Street Journal (2/27/15)
- Federalism Will Sink, Not Save, Obamacare
  
  National Review (3/10/15)
- The President Cannot Bypass the Courts
  
  National Review (3/19/15)
- Obama: Giving Immigrants Work Permits Is Vital for National Security
  
  National Review (3/24/15)
- Is Indiana Protecting Discrimination?
  
  National Review (3/30/15)
- Halting Obama’s Immigration End-Run Around Congress
  
  National Review (5/28/15)
- The Legality of Executive Action after King v. Burwell
  
  Engage (6/8/15)
- President Obama and arguments about pending Supreme Court cases
  
  National Constitution Center (6/17/15)
- Roberts rewrites Obamacare, again: Opposing view
  
  USA Today (6/25/15)
- Chief Justice Roberts’s Once Again Saves The ACA with the “Obamacare Canon
  
  Casetext (6/26/15)
- How King v. Burwell Will Save the Little Sisters of the Poor
  
  National Review (7/17/15)
- The Next Justices: A guide for GOP candidates on how to fill Court vacancies
  
  The Weekly Standard (9/14/15)
- What Next Year’s Attack on Obamacare Will Look Like
  
  The Daily Beast (9/29/15)
- The Supreme Court Should Hurry Up and Wait on Immigration
  
  The Federalist (11/24/15)
- Justice Thomas: Second Amendment Is Not a ‘Second-Class Right
  
  National Review (12/8/15)
2014
- Justice Scalia Publicly Chastised A Lawyer For Reading From His Notes
  
  Business Insider (1/15/14)
- Sotomayor and Toobin Push Bigotry By Association
  
  American Spectator (5/1/14)
- Technology, Big Data and Tomorrow’s Lawyers
  
  Texas Lawyer (5/19/14)
- Is there really an epidemic of mass shootings
  
  American Spectator (6/9/14)
- Democrats are Trying To Rewrite The First Amendment
  
  American Spectator (6/25/14)
- Obamacare was Designed to Punish Uncooperative States
  
  American Spectator (7/29/14)
- Our Gun-Shy Justices – The Supreme Court abandons the Second Amendment
  
  American Spectator (7/31/14)
- The Gridlock Clause
  
  National Review (9/8/14)
- The Gridlock Clause
  
  National Review (11/12/14)
- ‘Discretion’ on Immigration Enforcement Can Become Abuse of Power
  
  New York Times (11/18/14)
- Obama’s overreach? Look in the mirror, Congress
  
  Los Angeles Times (11/22/14)
- Obama’s Unconstitutional Corner
  
  National Review (12/22/14)
2013
- Hawaii should walk away from Steven Tyler Act
  
  USA Today (2/16/13)
- The National Surveillance State 2.0
  
  Huffington Post Politics (5/1/13)
- Federal policies must support innovation
  
  The Houston Chronicle (5/6/13)
- Why the Fight Over Obamacare was Completely Unprecedented
  
  Business Insider (9/18/13)
- The Libertarian Challenge to Obamacare
  
  The Volokh Conspiracy (9/24/13)
- Obamacare’s Four-Year Shutdown
  
  The Daily Caller (10/4/13)
- A Tale of Two Constitutions
  
  Yahoo! News (10/9/13)
- Oh Schuette! Did Romer put Seattle School District No. 1 to sleep?
  
  Yahoo! News (10/28/13)
- The Forgotten Man of Obamacare
  
  The Daily Caller (10/29/13)
- Dems may have to admit Obamacare tax increase
  
  USA Today (10/30/13)
- Obamacare’s Three Broken Promises
  
  The Daily Caller (11/5/13)
- Obamacare is HillaryCare 2.0
  
  The Daily Caller (11/14/13)
- The Thanksgiving message President Obama should have given about the Affordable Care Act in 2009
  
  The Daily Caller (11/28/13)
- Why It’s A Big Problem When A Supreme Court Justice Uses Google
  
  Business Insider (12/5/13)
2012
- Cutting access to InTrade violates Americans’ speech rights
  
  The Houston Chronicle (12/7/12)
2011
- The 10th Justice: Latest predictions from FantasyScotus.net
  
  National Law Journal (4/18/11)
- The 10th Justice: Predictions from FantasySCOTUS.net
  
  National Law Journal (4/25/11)
- FantasySCOTUS: Assessing the impact of Justice Kagan’s recusals
  
  National Law Journal (5/11/11)
- FantasySCOTUS: Predictions, plus the surprise split in Kentucky v. King
  
  National Law Journal (5/23/11)
- FantasySCOTUS: Why the Delay for Brown v. EMA?
  
  National Law Journal (6/6/11)
- FantasySCOTUS: The New “Law & Order” Bloc
  
  National Law Journal (6/13/11)
- FantasySCOTUS: The unpredictability of the Roberts Court
  
  National Law Journal (6/16/11)
- Predictions for the final cases: FantasySCOTUS v. SCOTUSBlog
  
  National Law Journal (6/20/11)
- FantasySCOTUS: Predictions for the final cases of the term
  
  National Law Journal (6/23/11)
- FantasySCOTUS: How often was the Solicitor General on the winning side?
  
  National Law Journal (6/29/11)
- Supreme Court Justice Stephen Breyer shows progressive streak
  
  The Newark Star Ledger (7/12/11)
2010
- Using Guns to Protect Liberty
  
  Washington Times (2/24/10)
- Is Justice Scalia abandoning Originalism?
  
  Washington Examiner (3/8/10)
- Supreme Court opens door to more liberty
  
  The Detroit News (7/5/10)
- Supreme Court opens door to more liberty
  
  The Richmond Times Dispatch (7/11/10)
- Gaming the Supreme Court
  
  The Roanoke Times (12/18/10)