The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Media Appearances, Public Speaking, and Commentary from 2021
A update on my accomplishments in 2021.
2021 was a busy year. It began with January 6 and Trump's second impeachment trial. After that flurry of activity, things slowed down substantially. I am grateful the Biden presidency is nowhere near as hectic as was the Trump presidency. The pandemic continues, and much of my work focuses on the attendant legal issues concerning vaccine mandates. Plus I have written quite a bit on Dobbs and other issues facing the Court this term for the ages. This year was fairly productive, though I did not finish many of the tasks I had planned to complete.
I wrote twelve law review articles. Five were published in 2021, and the remaining seven will be in print for 2022. Randy and I published the Fourth Edition of our Constitutional Law Casebook, including the rights and structure splits. We are also working on the second edition of 100 Cases, which should be available by the Fall of 2022. I am working on three other book projects that should be published between 2023 and 2025.
2021 was a fairly busy year for the press, with 320 media hits, including 63 TV appearances. This year was my busiest press year since 2018, when I had 391 appearances. But I may never top the first year of Trump presidency, in which I had 464 media appearances.
In 2021, I wrote seven commentaries, most of which were in Newsweek. I am quite pleased with the Volokh Conspiracy as a platform, and I've felt less need to work with outside editors. My blog posts are read by the people who need to read them.
In 2021, I had 49 presentations. Prior to June, all of these events were on Zoom. But starting in the summer, about half of the events were in person. (Remember when the vaccinated people had nothing to worry about!). In 2022, I hope to resume a regular speaking schedule, but COVID keeps throwing us curveballs.
You can see the highlights on my blog, JoshBlackman.com. If you find my work valuable, I hope you can support the Harlan Institute. We work hard to teach the next generation about the Supreme Court and the Constitution. Check out our web site to learn more about the Virtual Supreme Court competition.
I've pasted the list after the jump.
12 Law Review Articles
- Offices and Officers of the Constitution, Part I: An Introduction, 61 South Texas Law Review __ (2022) (with Seth Barrett Tillman).
- Offices and Officers of the Constitution, Part II: The Four Approaches, 61 South Texas Law Review __ (2022) (with Seth Barrett Tillman).
- The Irrepressible Myth of Jacobson v. Massachusetts, 70 Buffalo Law Review __ (2022).
- California v. Texas on the Final Installment of the Obamacare Trilogy, Chapter in SCOTUS 2021 (Palgrave Macmillan, 2022)
- The "Essential" Second Amendment, 26 Texas Review of Law & Politics ___ (2022).
- The Unresolved Threshold Issues in the Emoluments Clauses Litigation: The President Has Three Bodies and There Is No Cause of Action for Ultra Vires Conduct, 19 Georgetown Journal of Law & Public Policy __ (Forthcoming 2022) (with Seth Barrett Tillman).
- Judicial Courage, 27 Texas Review of Law & Politics __ (2022).
- Corpus Linguistics and Heller, 59 Wake Forest Law Review 609 (2021) (with James C. Phillips).
- Unreviewable: The Final Installment of the "Epic" Obamacare Trilogy, 2021 Cato Supreme Court Review __ (2021).
- The "Essential" Free Exercise Clause, 44 Harvard Journal of Law & Public Policy 637 (2021).
- Is the President an 'officer of the United States' for Purposes of Section 3 of the Fourteenth Amendment, 15 NYU Journal of Law & Liberty 1 (2021) (with Seth Barrett Tillman).
- What Happens if the Biden Administration Prosecutes and Convicts Donald Trump of Violating 18 U.S.C. § 2383?, 2021 University of Illinois Law Review Online 190 (2021) (with Seth Barrett Tillman).
320 Media Appearances
- Quoted in Biden wants to fill federal court seats – but he needs to win the Senate first, The Guardian (Jan. 2, 2021).
- Quoted in What is the 25th Amendment and how is it invoked?, Click2Houston (Jan. 6, 2021).
- Interviewed on KPRC 2 News (NBC Affiliate) about 25th Amendment (Jan. 6, 2021).
- Interviewed on Spectrum News Austin about January 6, 2021 (Jan. 6, 2021).
- Quoted in 10 5C professors join 1,500+ political scientists in calling for removal of Trump, The Student Life (Jan. 7, 2021).
- Quoted in What is the 25th Amendment? Here's how it all works, ABC 13 (Jan. 7, 2021).
- Guest on 710 KURV to Discuss 25th Amendment (Jan. 7, 2021).
- Interviewed on ABC Affiliate (KTRK 13) about the 25th Amendment (Jan. 7, 2021).
- Guest on FOX KRIV's Houston's Morning Show to discuss Impeachment (Jan. 8, 2021).
- Guest on France 24 to Discuss Impeachment (Jan. 8, 2021).
- CIted in Fact check: No, impeachment itself would not ban Trump from a 2024 run, CNN (Jan. 11, 2021).
- Quoted in What exactly is the 14th Amendment?, ABC 13 (Jan. 12, 2021).
- Guest on ABC 13 To Discuss Section 3 of the 14th Amendment (1/12/21)
- Quoted in Trump faces loss of pensions and perks if removed from office, Nikkei Asia (Jan. 12, 2021).
- Quoted in Viral Tweet Distorts Facts on Consequences of Impeachment, FactCheck.org (Jan. 12, 2021).
- Quoted in On The Docket: Democrat Plans for the Supreme Court, 740 KTRH (Jan. 13, 2021).
- Quoted in Culture of Intolerance on American Campuses, Yated Ne'eman (Jan. 13, 2021).
- Guest on CNBC Squawk Box To Discuss Impeachment (Jan. 13, 2021)
- Guest on Fox News during House impeachment vote (Jan. 13, 2021).
- Quoted in Proxy voting opens potential legal loophole for Trump, Washington Times (Jan. 14, 2021).
- Quoted in Impeachment And A Conviction Could Affect Trump Even As He Leaves Office, Buzzfeed (Jan. 14, 2021).
- Quoted in This time feels different, National Journal (Jan. 14, 2021).
- Guest on the Michael Berry Show to discuss Parler and Amazon (1/14/21).
- Quoted in These consequences threaten Donald Trump, SPIEGEL Politics (Jan. 14, 2021) (Also available here).
- Guest on Cavuto Live to discuss Trump and Twitter, Fox News (Jan. 16, 2021).
- Quoted in President Biden's Mask Mandate Retreat is a Hopeful Sign, Chicago Sun TImes (Jan. 19, 2021) (Also available here).
- Guest on NewsRadio 740 KTRH to discuss whether Republican-Governed states can stop media censorship, (Jan. 20, 2021).
- Quoted in House Sends article of Impeachment of Donald Trump to Senate, (Jan. 25, 2021).
- Guest on KPRC AM 950 to discuss the new look SCOTUS settling in, Real Texas, Real Talk (Jan. 28, 2021).
- Interviewed on KTRH to discuss the Supreme Court term (Jan. 27, 2021).
- Quoted in 'Not Surprised': Justice Alito defends controversial speech as he marks 15 years on Supreme Court, USA Today (Jan. 31, 2021) (Also available here).
- Quoted in Biden's Public Transportation Mask Mandate Will Take Effect One Minute Before Midnight. Here's What you Should Know, Law & Crime (Feb. 1, 2021) (Also available here).
- Quoted in 'Like a loaded cannon': Trump lit fuse of Capitol Riot, Democrats charge, The Washington Times, (Feb. 2, 2021).
- Quoted in Big Tech's Big Mess, Hamodia.com (Feb. 8, 2021) (Also available here).
- Quoted in House Urged to Limit Presidential Pardon Power after Trump aided Associates, FoxNews.com (Feb. 9, 2021) (Also available here).
- Testified before House Judiciary Committee on the Pardon Power, (Feb. 9, 2021).
- Quoted in House Democrats Renew Push for Checks on Presidential Pardons, The Hill (Feb. 9, 2021) (Also available here).
- Quoted in Barrett Flashes Independence as Top Court Backs Religious Rights, Bloomberg Law (Feb. 12, 2021) (Also available here).
- Quoted in Trump's free speech impeachment defense open to dispute, AP News (Feb. 12, 2021).
- Quoted in Trump lawyers: Impeachment based on hatred, not facts, AP News (Feb. 12, 2021).
- Quoted in 'This Acquittal Sends Three Dangerous Messages to Future Presidents,' Politico (Feb. 13, 2021) (Also available here).
- Quoted in Originalism in the Twenty-First Century, Virginia Law Weekly (Feb. 17, 2021) (Also available here).
- Quoted in Supreme Court won't halt New York subpoena for Trump's Taxes, The Washington Times (Feb. 22, 2021).
- Quoted in Politics live updates: Capitol Police acted in same ways for riots, George Floyd protests, former chief says, USA Today.com (Feb. 23, 2021) (Also available here).
- Quoted in Merrick Garland's attorney general confirmation hearing: Day 2, CNN Politics (Feb. 23, 2021) (Also available here).
- Quoted in Even Clinton Foe Ken Starr Joins in Praising Merrick Garland, Bloomberg Politics (Feb. 23, 2021) (Also available here).
- Testified before Senate Judiciary Committee Hearing for Merrick Garland for Attorney General, (Feb. 23, 2021).
- Quoted in How the Biden Justice Department is Untangling the Legal Fights it Inherited From Trump, National Law Journal (Feb. 26, 2021) (Also available here).
- Quoted in Federal Court Strikes Down CDC's Controversial Eviction Ban as Unconstitutional, Reason.com (Feb. 26, 2021) (Also available here).
- Guest on WBAL's The Yuripzy Morgan Show to discuss eviction moratorium ruling, WBAL's The Yuripzy Morgan Show (Feb. 26, 2021).
- Guest on Legal Talk Network to discuss the Pennsylvania election challenges, Legal Talk Network (Mar. 15, 2021).
- Quoted in Biden on Pace to Flip Positions at Supreme Court More than Trump, Bloomberg Tax (Mar. 18, 2021) (Also available here).
- Guest on NewsRadio 740 KTRH to discuss Republican AG's taking a blowtorch to Biden's Agenda, (Mar. 25, 2021).
- Quoted in HOA changed rules after Black Lives Matter flag clash, homeowner says, ABC13.com (Mar. 25, 2021).
- Quoted in Supreme Court poised to jump into Second Amendment disputes, as nation mourns mass shootings, USA Today (Mar. 26, 2021) (Also available here).
- Guest on KTRH News to discuss Republican AG suits against Biden Administration, KTRH News (Mar. 25, 2021).
- Quoted in 'Best and brightest': Biden announces 'trailblazing' slate of judicial nominees, The Guardian (Mar. 30, 2021) (Also available here).
- Quoted in Taking Moot to a Whole Moot Level, Outside the Beltway (Apr. 5, 2021) (Also available here).
- Guest on the Michael Berry Show to discuss Trump Twitter ruling, The Michael Berry Show (Apr. 6, 2021).
- Quoted in In 325-page opinion, en banc 5th Circuit splits on preference for tribes in Native American adoptions, ABA Journal (Apr. 8, 2021) (Also available here).
- Guest on Federalist Society Teleforum on ABA Model Rule, Federalist Society (Apr. 7, 2021).
- Guest on KTRH News to discuss Dems Scramble to Offset Trump's Judicial Appointments, SCOTUS Expansion, KTRH News (Apr. 12, 2021).
- Cited on WWTN's Nashville's Morning News with Brian Wilson about Court Packing, WWTN's Nashville's Morning News (Apr. 12, 2021).
- Interviewed on KTRH Radio on Court Reform Commission, KTRH Radio (Apr. 9, 2021).
- Quoted in In Rare move, full 6th Circuit will hear initial arguments in abortion case; dissent blasts 'procedural hopscotch,' ABA Journal (Apr. 13, 2021) (Also available here).
- Quoted in With Barrett on Supreme Court, California's church COVID limits are being overturned, CBS8.com (Apr. 15, 2021).
- Guest on The Michael Berry Show to discuss Justice Barrett's Book Deal, The Michael Berry Show (Apr. 20, 2021).
- Quoted in Amy Coney Barrett's Big Book Deal Is Called Bad Optics for the Supreme Court, Bloomberg Politics (Apr. 22, 2021).
- Quoted in Justices Cool to Idea They Must Hear State v. State Suits, Law 360 (Apr. 26, 2021).
- Quoted in Circuit Pick Jackson's Reversals a Likely Target for GOP, Bloomberg Law (Apr. 28 2021).
- Quoted in Experts Say SCOTUS Carry Case No Slam Dunk for Gun-Rights Advocates, The Reload (Apr. 27, 2021).
- Guest on Fox KRIV 26 to discuss Supreme Court Second Amendment Case, Fox KRIV 26 (Apr. 27 2021).
- Quoted in U.S. Supreme Court to review censure case of former HCC board member, San Antonio Express News (Apr. 28, 2021).
- Quoted in U.S. Supreme Court to review censure case of former HCC board member, Houston Chronicle (Apr. 28, 2021).
- Quoted in Returning to Campus in the Fall Will Require COVID-19 Vaccine at Many Law Schools, Law.com (Apr. 29, 2021).
- Mentioned in Florida Bans Private Businesses From Requiring Vaccine Credentials for Service, Cato Institute (Apr. 30 2021).
- Quoted in Lubbock Stakeholders, Lawyers Weigh in on Vague Future of Abortion Ban, The Texan (May 5, 2021).
- Quoted in Setting Stage for Court Battle, Texas City Votes to Ban Abortion, Courthouse News Service (May 5, 2021).
- Mentioned in Northwestern Dean Pick Means Women Will Run Half of the T-14 Law Schools Come Fall, Law.com (May 12, 2021).
- Quoted in Biden Judicial Nominee Is Poised for Confirmation. Here's Why That May Matter for The Supreme Court, USA Today (May 13, 2021).
- Interviewed by KCBD 11 in Inside The Planned Parenthood Lawsuit and What's Next, KCBD 11 Lubbock (May 18, 2021).
- Quoted in Gov. Greg Abbott signs into law one of nation's strictest abortion measures, banning procedure as early as six weeks into a pregnancy, The Texas Tribune (May 19, 2021).
- Guest on Fox 26 KRIV to discuss Supreme Court Abortion Case, Fox 26 KRIV (May 18, 2021).
- Guest on KCBD 11 to discuss Abortion Sanctuary Ordinance, KCBD 11 Lubbock (May 18, 2021).
- Quoted in Texas heartbeat bill 'is a unique and clever law,' law professor says, KWTX Killeen (May 19, 2021).
- Quoted in Texas fetal heartbeat bill 'in harmony' with Lubbock's Sanctuary City for the Unborn ordinance, KCBD 11 Lubbock (May 19, 2021).
- Guest on KWTX CBS 10 to discuss Texas Abortion Law, KWTX CBS 10 Waco (May 19, 2021).
- Guest on KCBD News Channel 11 to discuss Texas Abortion Law, KCBD News Channel 11 Lubbock (May 19, 2021).
- Guest on KNX News 1070 AM to discuss Texas Abortion Law, KNX News 1070 AM Los Angeles (May 19, 2021).
- Quoted in Gov. Abbott Signs 'Heartbeat Bill' Into Law, Banning Abortions as Early as 6 Weeks, NBC 5 DFW (May 19, 2021).
- Quoted in Texas Governor Signs First of Its Kind Fetal Heartbeat Law That Leaves Enforcement to Private Citizens, National Review (May 19, 2021).
- Guest on KXAS 5 NBC to discuss Texas Abortion Law, KXAS 5 NBC Dallas (May 19, 2021).
- Quoted in Texas governor signs abortion bill banning procedure as early as six weeks into pregnancy, Washington Post (May 19, 2021).
- Quoted in Planned Parenthood CEO: It's "Cruel" to Protect Babies From Abortion, Life News (May 20, 2021).
- Guest on Fox 26 KRIV to discuss Texas Abortion Bill, Fox 26 KRIV (May 20, 2021).
- Quoted in Another Defect In That United Flight Attendant Lawsuit Against Marriott, View From The Wing (May 20, 2021).
- Quoted in Forgetting Justice Marshall, WSJ (May 23, 2021).
- Cited in Trump Could Run Again Even If Convicted Under the Insurrection Act: Paper, The Crime Report (May 24, 2021).
- Quoted in The Weekly Pulse: Roe v. Wade at Risk; U.S. Hits Vaccine Milestone, While Low-Income Countries Struggle to Meet Demands, Ms. Magazine (May 27, 2021).
- Cited in Overruling Roe v. Wade Wouldn't Promote The Rule of Law, Washington Post (May 29, 2021).
- Interviewed by Texas Public Radio in Permitless Carry Destined To Become Law In Texas, Texas Public Radio (June 1, 2021).
- Guest on Texas Public Radio to discuss Texas Constitutional Carry, Texas Public Radio (June 2, 2021).
- Quoted in Texas' restrictive new abortion law faces uncertain path, Houston Chronicle (June 4, 2021).
- Quoted in California Assault Weapons Ban 'Disrespects' Freedom, Federal Judge Writes, NPR (June 5, 2021).
- Quoted in Newell: Is Texas really suppressing voters by standardizing election law?, Audacy (June 3, 2021).
- Guest on WWL Radio to discuss Texas Voter Laws, WWL Radio New Orleans (June 3, 2021).
- Mentioned in Brett Kavanaugh vs. the Male-Only Draft, National Review (June 7, 2021).
- Interviewed in Conversations with the Sixth Circuit: An Interview with Judge Danny Boggs, The Federalist Society (May 28, 2021).
- Quoted in Judge Who Reversed California Assault Weapons Ban Faces Barrage of Criticism, NBC News (June 8, 2021).
- Quoted in Pro-life protesters go to court again to defend free speech against New York, Washington Times (June 10, 2021).
- Quoted in 'America's Disease': Gun Violence, Gun Control and Where California Goes From Here, KQED (June 11, 2021).
- Quoted in Gov. Abbott Signs Bill Banning Abortions If Roe V. Wade Is Overturned, The Daily Wire (June 17, 2021).
- Quoted in Texas Unborn Sanctuary Bill Passes Key Court Hurdle, National Catholic Register (June 17, 2021).
- Quoted in Supreme Court Rejects GOP Challenge to Affordable Care Act (3), Bloomberg Law ( June 17, 2021).
- Quoted in Barrett Channels Roberts' 'Go-Slow' Approach in Landmark Cases, Bloomberg Law (June 18, 2021).
- Quoted in 'Alito was just pissed': Trump's Supreme Court breaks down along surprising lines, Politico (June 17, 2021).
- Quoted in Supreme Court's Interesting New Math: 3-3-3, Newser (June 18, 2021).
- Guest on Fox 26 KRIV to discuss Obamacare Ruling (June 21, 2021).
- Guest on KPRC 2 Houston to discuss Crowd-Funding of Texas Border Wall (June 21, 2021).
- Cited in Is it a 3-3-3 Supreme Court? Barrett opinion gives Goldman Sachs partial win in class-action case, ABA Journal (June 21, 2021).
- Cited in Why The 'Trump Court' Won't Be Like Trump, Politico (June 23, 2021).
- Interviewed on the Michael Berry Show about NCAA, Obamacare Case, and Fulton (June 21, 2021).
- Quoted in The Supreme Court won't save conservatism, New York Post (June 25, 2021).
- Quoted in Justice Alito bristles at conservative Supreme Court's incremental course, The Hill (June 25, 2021).
- Quoted in SCOTUS consensus on divisive issues, including student speech, undermines court-packing push, Just The News (June 24, 2021).
- Cited in New York Appeals Court Catalogs Rudy Giuliani's Election Lies As It Suspends His License to Practice Law, Reason (June 27, 2021).
- Quoted in Supreme Court rejects case challenging transgender restroom policy in schools, Washington Times (June 28, 2021).
- Quoted in Galveston, Montgomery County to send local resources to help with border crisis, Click 2 Houston (June 29, 2021).
- Cited in At Least 5 Justices Seem To Think the CDC's Eviction Moratorium Is Illegal. SCOTUS Left It in Place Anyway, Reason (June 30, 2021).
- Guest on KPRC 2 Houston to discuss Texas Border Wall (June 30, 2021).
- Quoted in Biden's first pick for Southern appeals court fails to address racial diversity, Facing South (July 1, 2021).
- Guest on Eminent Domain Podcast to discuss Cedar Point Nursery (July 2, 2021).
- Guest on 2021 Texas Firearms CLE Webinar to discuss The Essential 2nd Amendment (June 29, 2021).
- Cited in Supreme Court leaves florist—and other Christians—exposed, World (July 6, 2021).
- Guest on the Michael Berry Show to discuss SCOTUS and "Fortitude" (July 6, 2021).
- Guest on the Bloomberg Law Podcast to discuss SCOTUS Term (July 7, 2021).
- Featured on Federalist Society Teleforum to discuss Severability and Article III Powers (July 8, 2021).
- Guest on Heritage Scholars & Scribes - Supreme Court Roundup, C-SPAN (July 9, 2021).
- Quoted in New Texas law opens up abortion bounty hunting, Fortune (July 9, 2021).
- Cited in Shapiro questions 'high hopes' for 'markedly unambitious' Barrett and Kavanaugh as SCOTUS ends term, Fox News (July 12, 2021).
- Interviewed on Fox 26 KRIV about Trump's Social Media Suit (July 12, 2021).
- Cited in Shapiro raises doubts about Kavanaugh and Barrett living up to conservatives' high hopes for them, BPR (July 12, 2021).
- Quoted in Shapiro questions 'high hopes' for 'markedly unambitious' Barrett and Kavanaugh as SCOTUS ends term, Fox News (July 12, 2021).
- Quoted in Vaccinated man sues feds at Supreme Court to upend federal mask mandate for travel, Washington Times (July 13, 2021).
- Quoted in Texas Abortion Providers Preemptively Challenge Fetal Heartbeat Law, Courthouse News Service (July 13, 2021).
- Cited in DACA Update: A Federal Judge Rules that DACA is Illegal, But Keeps Options Open, Lawfare (July 19, 2021).
- Quoted in GERBER: The Misguided 'Minimalism' Of Donald Trump's SCOTUS Appointees, Daily Caller (July 20, 2021).
- Quoted in Texas Heartbeat Act Would Be Enforced by Lawsuits From Private Citizens, National Catholic Register (July 26, 2021).
- Quoted in The Supreme Court must affirm its own decision to broadcast oral arguments, The Boston Globe (July 28, 2021).
- Quoted in COVID-19 mandates wade into uncertain legal territory, The Washington Times (July 28, 2021).
- Quoted in Questions, criticism surround Gov. Abbott's recent executive order allowing DPS to stop migrants in vehicles, Click2Houston (July 29, 2021).
- Interviewed on KPRC News (Houston NBC Affiliate) About Migrant Travel Restrictions (July 29, 2021).
- Quoted in Supreme Court Reveals a 3-3-3 Divide as Major Abortion Case Hangs in the Balance, CBN News (Aug. 1, 2021).
- Quoted in Supreme Court Justices Divided 3-3-3 On Major Decisions, Report Says, Christianity Daily (Aug. 1, 2021).
- Guest on CBN to Discuss 3-3-3 Supreme Court (Aug. 2, 2021).
- Quoted in Republicans have grown more negative toward Supreme Court, despite its more conservative makeup, according to a new national poll, Milwaukee Journal Sentinel (Aug. 4, 2021).
- Featured on We the People Podcast to discuss the Constitutionality of Vaccine Mandates (Aug. 5, 2021).
- Guest on the National Constitution Center Podcast about Vaccine Mandates (Aug. 5, 2021).
- Guest on WWL Radio to discuss Eviction Moratorium (Aug. 5, 2021).
- Quoted in On Eviction Moratorium, Progressives' Beef Is With the Constitution—Not the Supreme Court, Foundation for Economic Education (Aug. 6, 2021).
- Quoted in The Dubious Challenge to Antonin Scalia's Heller Decision, National Review (Aug. 6, 2021).
- Quoted in Legislation would add more than 75 federal judges to help alleviate court backlogs, The Washington Times (Aug. 6, 2021).
- Quoted in Au Texas, une loi inusitée cause des maux de tête aux groupes pro-choix, La Presse (Aug. 9, 2021).
- Guest on KRPC 2 (NBC Affiliate) to Discuss School Mask Litigation (Aug. 11, 2021).
- Quoted in Are Vaccine Mandates Legal?, Ami Magazine (Aug. 11, 2021).
- Quoted in Biden's Gameplan for Evictions, Ami Magazine (Aug. 11, 2021).
- Quoted in National Police Union Backs Unvaccinated Officers Amid Mandates, Newsmax (Aug. 12, 2021).
- Quoted in Scores of police officers are refusing the COVID vaccine, Axios (Aug. 12, 2021).
- Quoted in Over 500 Cops Have Died of COVID-19: Police Union, The Crime Report (Aug. 12, 2021).
- Quoted in Texas abortion clinics brace for near shutdown as new law is enacted: 'We have to comply', Houston Chronicle (Aug. 12, 2021).
- Guest on KTRK 13 (ABC Affiliate) to Discuss School District Mask Litigation (Aug. 12, 2021).
- Quoted in Suit seeks Supreme Court review of Trump's ban on gun bump stocks, The Washington Times (Aug. 16, 2021).
- Guest on KPRC 2 to Discuss Mask Mandates in Schools (Aug. 16, 2021).
- Guest on Fox 26 (KRIV) to Discuss School Mask Mandates (Aug. 16, 2021).
- Guest on the Ian Swanson Show to Discuss COVID-19 vaccine mandates (Aug. 16, 2021).
- Featured on Courting Conservatives: Supreme Court Disappoints the Right, NewsRadio 740 KTRH (Aug. 18, 2021).
- Guest on KTRH Houston to Discuss 3-3-3 Roberts Court (Aug. 18, 2021).
- Cited in WBAL Baltimore about Jacobson v. Massachusetts (Aug. 20, 2021).
- Quoted in Biden Admin Calls Illegal Aliens 'Undocumented Citizens', CNS News (Aug. 23, 2021).
- Quoted in Supreme Court signals rough sledding for Biden's immigration agenda, The Washington Times (Aug. 25, 2021).
- Guest on Fox 26 KRIV to Discuss Vaccine Mandate Ban (Aug. 27, 2021).
- Quoted in Liberals used the courts to block Trump's agenda. Republicans are using the same playbook against Biden, CNN (Aug. 28, 2021).
- Quoted in Some courts are banning unvaccinated lawyers but don't resist unless the client is impacted, New Jersey Law Journal (Aug. 30, 2021).
- Quoted in L'accès à l'avortement menacé, La Presse (Aug. 31, 2021).
- Quoted in Follow the Science . . . Toward Tyranny, American Greatness (Aug. 31, 2021).
- Quoted in A strict new law banning abortions beyond 6 weeks has just passed in Texas, Marie Claire (Sept. 1, 2021).
- Quoted in Could the Texas bounty-hunting abortion ban spread to other states?, Fortune (Sept. 1, 2021).
- Guest on Special Report - Fox News To Discuss Texas Abortion Law (Sept. 1, 2021).
- Guest on On Balance - News Nation to Discuss Texas Abortion Law (Sept. 1, 2021).
- Guest on Straight Arrow News to Discuss Texas Abortion Law (Sept. 1, 2021).
- Quoted in What makes Texas' abortion law different from others, NewsNation (Sept. 1, 2021).
- Quoted in Texas' abortion law and the precedent it could set, plus AOC vs. establishment Dems, NewsNation (Sept. 1, 2021).
- Quoted in Pourquoi la loi très restrictive au Texas menace le droit à l'avortement aux Etats-Unis, Le Monde (Sept. 2, 2021).
- Guest on On Balance - NewsNation to discuss Texas abortion case (Sept. 2, 2021).
- Quoted in Texas abortion ban turns citizens into "bounty hunters", CBS News (Sept. 3, 2021).
- Guest on KURV Radio to Discuss Texas Abortion Case (Sept. 3, 2021).
- Quoted in 'Heartbeat bill' is huge victory for conservatives, Midland Reporter-Telegram (Sept. 3, 2021).
- Quoted in Texas braces for emergence of 'abortion bounty hunters', MSN (Sept. 4, 2021).
- Quoted in Texas braces for emergence of 'abortion bounty hunters', The Telegraph (Sept. 4, 2021).
- Quoted in GoDaddy is cutting off Texas Right to Life's abortion 'whistleblowing' website, The Grio (Sept. 4, 2021).
- Quoted in COVID vaccination status increasingly determines treatment under American legal system, Just the News (Sept. 5, 2021).
- Quoted in Justice Department exploring ways to challenge Texas' abortion ban, U.S. Attorney General Merrick Garland says, The Texas Tribune (Sept. 6, 2021).
- Quoted in What the Media Got Wrong About the Supreme Court's Texas Abortion Decision, Mediaite (Sept. 6, 2021).
- Quoted in A twist in the new unprecedented Texas abortion law: "There's no one to sue", France24 (Sept. 7, 2021).
- Guest on France 24 to discuss Texas Supreme Court Abortion Case (Sept. 7, 2021).
- Quoted in What's legal, what's not under the new Texas abortion law, The Washington Times (Sept. 8, 2021).
- Quoted in Two Cheers For The Texas Heartbeat Act, First Things (Sept. 9, 2021).
- Quoted in Courts vaccine mandates raise concerns over delays in constitutionality, Law.com (Sept. 9, 2021).
- Quoted in 'Scheme to nullify the Constitution:' Department of Justice sues Texas over 6-week abortion ban, Houston Chronicle (Sept. 9, 2021).
- Guest on On Balance with Leland Vittert to discuss Biden forcing vaccines; Justice Dept. sues Texas (Sept. 9, 2021).
- Quoted in Texas lawmakers' novel approach to skirting Roe v. Wade leaves abortion rights advocates without a legal playbook, The Texas Tribune (Sept. 10, 2021).
- Quoted in Are coronavirus vaccine mandates unconstitutional? Here's what a legal expert says, Silive.com (Sept. 10, 2021).
- Quoted in White House: Companies that flout Biden's vaccine mandate face 'significant' fines, The Washington Times (Sept. 10, 2021).
- Quoted in Biden Administration may be overreaching with its plan to force private businesses to have vaccine mandates in place, Click2Houston (Sept. 10, 2021).
- Interviewed on NBC 10 News (Philadelphia) about OSHA Vaccine Mandate (Sept. 10, 2021).
- Interviewed on Fox 44 (Waco) about OSHA Vaccine Mandate (Sept. 10, 2021).
- Interviewed on NewsNation about OSHA Vaccine Mandate (Sept. 10, 2021).
- Interviewed on KPRC 2 (Houston) about vaccine mandate (Sept. 10, 2021).
- Quoted in Biden's vaccine push wins cautious business support as political opponents fume, The Washington Post (Sept. 11, 2021).
- Quoted in Unvaccinated Texans have a choice, but choices come with consequences, Houston Chronicle (Sept. 11, 2021).
- Quoted in Biden gets tough on unvaccinated 'minority' with mandates, pivots from Afghanistan mess, The Washington Times (Sept. 11, 2021).
- Quoted in Opponents of the Texas Abortion Ban Are Struggling to Find Defendants They Can Sue To Prevent Its Enforcement, Reason (Sept. 13, 2021).
- Quoted in Will employer vaccine mandate survive? OSHA would act under little-used statutory provision, ABA Journal (Sept. 13, 2021).
- Interviewed on the Cheddar News About Texas Abortion Law (Sept. 13, 2021).
- Interviewed on WNYW Fox 5 New York About Vaccine Mandate (Sept. 13, 2021).
- Guest on Rod Arquette Show To Discuss Justice Breyer and Court Packing (Sept. 13, 2021).
- Quoted in Texas abortion ban likely return supreme court experts say, USA Today (Sept. 13, 2021).
- Guest on Fox News - Sunday Night in America with Trey Gowdy - To Discuss Vaccine Mandates (Sept. 13, 2021).
- Quoted in Fact check: Are Biden's vaccine mandates 'unlawful'?, CNN (Sept. 19, 2021).
- Quoted in Pharma and Life Sciences, Bloomberglaw (Sept. 19, 2021).
- Guest on the Michael Berry Show to Discuss Mississippi Abortion Case (Sept. 20, 2021).
- Quoted in Abortion laws on Down syndrome hit the courts, The Washington TImes (Sept. 26, 2021).
- Quoted in Meet the two 'yahoos' suing over Texas' new abortion law, WFAA (Sept. 28, 2021).
- Guest on WFAA's Y'all-itics Podcast to Discuss Texas Abortion Law (Sept. 28, 2021).
- Quoted in Supreme Court to take on guns, abortion in upcoming term, The Wahsington Times (Sept. 29, 2021).
- Quoted in The Justice Department will argue against Texas' abortion law Friday. Here's what you need to know, The Texas Tribune (Sept. 30, 2021).
- Interviewed on KRLD Radio About Texas Abortion Case (Oct. 1, 2021).
- Quoted in Joe Biden Admin Begins Bid to Overturn Texas Abortion Law, Newsweek (Oct. 1, 2021).
- Quoted in ANALYSIS: Supreme Court begins new term highlighted by direct challenge to Roe v Wade abortion rights, Fox News (Oct. 4, 2021).
- Quoted in Texas has all but banned abortion. But a Mississippi law could be what ends Roe v. Wade, The Texas Tribune (Oct. 5, 2021).
- Quoted in Texas' near-total abortion ban is temporarily blocked by a federal judge, spurring the state to quickly appeal, The Texas Tribune (Oct. 5, 2021).
- Quoted in Final Say: Supreme Court Takes Up Controversial Cases, 740 KTRH (Oct. 6, 2021).
- Quoted in Texas Doctor Tries to Move Fight Over Abortion Ban to Chicago, Bloomberg (Oct. 6, 2021).
- Interviewed on KTRH Radio Houston about Supreme Court Term (Oct. 6, 2021).
- Quoted in Federal judge orders Texas to suspend law banning most abortions, WFAA (Oct. 6, 2021).
- Interviewed on KXAN (NBC Affiliate in Austin) on S.B. 8 Ruling (Oct. 7, 2021).
- Interviewed on NewsNation About S.B. 8 Ruling (Oct. 7, 2021).
- Quoted in Abortions resume in some Texas clinics after judge halts law, KHOU-11 (Oct. 7, 2021).
- Quoted in Federal judge temporarily blocks Texas' abortion law, what's next? KXVV (Oct. 7, 2021).
- Quoted in Federal judge orders Texas to suspend new abortion law, state quickly appeals ruling, KXAN (Oct. 7, 2021).
- Guest on KHOU (CBS Affiliate) To Discuss S.B. 8 Ruling (Oct. 8, 2021).
- Guest on KPRC (Houston NBC Affiliate) to Discuss S.B. 8 Ruling (Oct. 8, 2021).
- Guest on KXXV (ABC Affiliate Waco) to Discuss S.B. 8 Ruling (Oct. 8, 2021).
- Guest on WFAA (ABC Affiliate in Dallas) To Discuss S.B. 8 Ruling (Oct. 8, 2021).
- Quoted in Despite the Injunction Against the Texas Abortion Ban, Clinics That Resume Their Usual Services Could Face 'Crippling Liability', Reason (Oct. 8, 2021).
- Quoted in Appeals court allows Texas abortion law to resume, stopping federal judge's order to block its enforcement, The Texas Tribune (Oct. 8, 2021).
- Quoted in John Roberts is no longer the leader of his own court. Who, then, controls it?, The Guardian (Oct. 11, 2021).
- Quoted in Gov. Abbott orders 'no entity in Texas' can mandate COVID-19 vaccines for employees, KXAN (Oct. 11, 2021).
- Quoted in 'Gorsuch wants to do horrible things': Right-wing justices battle for control of Supreme Court, Rawstory (Oct. 11, 2021).
- Quoted in The governor of Texas bars Covid vaccine mandates, The New York Times (Oct. 11, 2021).
- Guest on KPRC 2 (NBC Affiliate) to Discuss Governor's Prohibition of Vaccine Mandate (Oct. 12, 2021).
- Quoted in Vaccine Mandates and Jacobson v. Massachusetts: A Closer Look, RealClear Politics (Oct. 12, 2021).
- Interviewed on KXAN (NBC Austin Affiliate) About COVID Vaccine Mandate Ban (Oct. 12, 2021).
- Guest on KPRC 2 (NBC Affiliate) to Discuss Governor's Prohibition of Vaccine Mandate (Oct. 12, 2021).
- Guest on NewsNation to Discuss Texas Ban on Vaccine Mandates (Oct. 12, 2021).
- Guest on On Balance with Leland Vittert to Discuss Texas vaccine mandates (Oct. 12, 2021).
- Quoted in Why Abbott's Ban On Vaccine Mandates Is Likely Doomed In Court, The National Memo (Oct. 14, 2021).
- Quoted in Journalist Katie Couric says she withheld part of Justice Ginsburg's 2016 interview to protect her, ABA Journal (Oct. 14, 2021).
- Quoted in Biden's Federal Employee Vaccine Mandate Only Applies to Executive Branch, Not to Congress, Judiciary, CNS News (Oct. 18, 2021).
- Guest on KXAN - State of Texas In Depth - To Discuss Vaccine Mandates (Oct. 18, 2021).
- Quoted in U.S. Supreme Court considers taking up abortion providers' challenge to Texas' near-total ban on the procedure, The Texas Tribune (Oct. 18, 2021).
- Quoted in SCOTUS considers expediting request to hear Texas abortion case, orders quick responses, ABA Journal (Oct. 19, 2021).
- Quoted in Biden admin. to allow Gitmo detainee to testify in foreign criminal probe, The Washington Times (Oct. 20, 2021).
- Quoted in U.S. Supreme Court will consider Texas' near-total abortion ban on an expedited timeline. The law remains in effect for now, The Texas Tribune (Oct. 22, 2021).
- Quoted in Doug Wilder accuses Kamala Harris of illegal campaigning with church ad for McAuliffe, The Washington Times (Oct. 22, 2021).
- Guest on Bloomberg Law Podcast to Discuss Supreme Court Commission (Oct. 25, 2021).
- Quoted in Citing racism, Rutgers removes name of former Supreme Court justice, an alumnus, from building, The College Fix (Oct. 26, 2021).
- Quoted in It's Amy Coney Barrett's Supreme Court Now, The New York Times (Oct. 29, 2021).
- Quoted in The Supreme Court will hear arguments over Texas' near-total abortion ban Monday. Here's what you need to know. The Texas Tribute (Oct. 29, 2021).
- Quoted in Supreme Court to hear first of two appeals on abortion rights, with arguments Monday over Texas' six-week ban, Fox News (Oct. 31, 2021).
- Quoted in Key U.S. Supreme Court justices express concern about Texas abortion law's enforcement, The Texas Tribune (Nov. 1, 2021).
- Quoted in Analysis: Wide array of opponents prepare to fight Biden vaccine mandate, Reuters (Nov. 3, 2021).
- Guest on the Ian Swanson Show To Discuss the S.B. 8 Cases - NewsRadio 1110 KFAB (Nov. 3, 2021).
- Quoted in Biden's private employer COVID-19 vaccine mandate unprecedented, legal scholars say, The Washington Times (Nov. 4, 2021).
- Interviewed on Fox 26 KRIV (Houston Affiliate) about S.B. 8 Arguments (Nov. 4, 2021).
- Quoted in Biden vaccine mandate issued for private employers: Jan. 4 deadline for workers to get shots, The Washington Times (Nov. 4, 2021).
- Guest on CBS Radio to Discuss OSHA Vaccine Mandate (Nov. 6, 2021).
- Guest on BBC World Service to Discuss OSHA Vaccine Mandate (Nov. 6, 2021).
- Guest on the Michael Berry Show to Discuss OSHA Vaccine Mandate (Nov. 8, 2021).
- Quoted in Scott Stewart wasn't well known in the antiabortion world. Now he's leading the charge to overturn Roe at the Supreme Court, The Washington Post (Nov. 9, 2021).
- Quoted in Why American Jews Shouldn't Fear the Overturning of a Landmark Religious-Freedom Case, Mosaic (Nov. 17, 2021).
- Quoted in OSHA has 'suspended activities' related to Biden's vaccine mandate, The Washington Times (Nov. 17, 2021).
- Quoted in Attorney Who Will Argue Against Roe V. Wade Previously Worked For Justice Clarence Thomas, Trump Admin, Christianity Daily (Nov. 25, 2021).
- Quoted in Biden admin will not enforce vaccine deadline imposed on federal workers, Just the News (Nov. 29, 2021).
- Quoted in Abortion case tests Supreme Court's rightward shift after Trump, Roll Call (Nov. 29, 2021).
- Quoted in Why Officials Should Reserve Judgment in Criminal Cases, The Dispatch (Nov. 30, 2021).
- Quoted in Trump's Supreme Court picks Amy Coney Barrett and Brett Kavanaugh could decide the fate of Roe v. Wade, Business Insider (Dec. 1, 2021).
- "Feelings run high": Two hours of tense debate on an issue that divides the court and the country, SCOTUSblog (Dec. 1, 2021).
- Guest on the Michael Berry Show to discuss Dobbs v. Mississippi (Dec. 1, 2021).
- Guest on the Ian Swanson Show to discuss Dobbs v. Mississippi (Dec. 1, 2021).
- ABA Council Devises Diversity Proposal for the Second Time This Year Once Again Seeking Public Comment, Law.com (December 2, 2021).
- Guest on Voice of America to discuss Dobbs v. Mississippi (Dec. 3, 2021).
- Guest on Corporate Counsel Business Journal's In House Warrior podcast to discuss SCOTUS Term (Dec. 3, 2021).
- Quoted in Justice Department sues Texas over new redistricting maps, AP News (Dec. 6, 2021).
- Quoted in If The Supreme Court Whiffs On Abortion, They'll Blow Up The Conservative Legal Movement, The Federalist (Dec. 7, 2021).
- Quoted in State judge declares Texas abortion law unconstitutional — but does not stop it from being enforced, The Texas Tribune (Dec. 9, 2021).
- Quoted in Texas abortion law: U.S. Supreme Court rules to allow future challenges, KXAN (Dec. 10, 2021).
- Quoted in Could California use language in Texas' new abortion law to ban assault weapons?, KXAN (Dec. 13, 2021).
- Guest on KXAN (Austin NBC Affiliate) to discuss California gun control proposal (Dec. 14, 2021).
- Interviewed on KRBC 2 (NBC Affiliate in Abilene) About Texas Abortion Decision (Dec. 14, 2021).
- Interviewed on KLBK 13 (CBS Affiliate in Lubbock) About California Gun Laws (Dec. 14, 2021).
- Quoted in Experts explains what's next as lawsuit over Heartbeat Law is with Federal Appeals Court, FOX 29 (Dec. 16, 2021).
- Quoted in Abortion-rights supporters see no clear path to victory on Texas law, UPI (Dec. 16, 2021).
- Quoted in AG Paxton sues Biden admin over Head Start vaccine, mask requirements, KXAN (Dec. 16, 2021).
- Quoted in FDA lifts restriction on getting abortion pills by mail. What does this mean for Texas?, KVUE (Dec. 17, 2021).
- Guest on KXAN (Austin NBC Affiliate) To Discuss Texas Challenge to Vaccine Mandate (Dec. 17, 2021).
- Guest on News 4 San Antonio (NBC Affiliate) To Discuss Texas Fetal Heartbeat Law (Dec. 17, 2021).
- Quoted in FDA will permanently allow abortion pills by mail. But that remains a crime in Texas, Fort Worth Star-Telegram (Dec. 20, 2021).
- Quoted in Roberts' reference to memos of Blackmun on Roe v. Wade raises questions about SCOTUS justices' private papers, ABA Journal (Dec. 23, 2021).
49 Presentations
- Corpus Linguistics and the Second Amendment, University of Chicago Federalist Society Chapter (Jan. 12, 2021).
- Debate on the Constitutional Issues in Impeachment 2.0, Notre Dame Federalist Society Chapter (Feb. 9, 2021).
- Debate on California v. Texas, University of Pennsylvania Federalist Society Chapter (Feb. 11, 2021).
- Textualism after Bostock, University of Virginia Federalist Society Chapter (Feb. 12, 2021).
- Debate on ABA Model Rule 8.4(g), New York Law School Federalist Society Chapter (Feb. 16, 2021).
- Debate on Roman Catholic Diocese v. Cuomo, University of Texas Federalist Society Chapter (March 11, 2021).
- Debate on ABA Model Rule 8.4(g), St. John's Federalist Society Chapter (March 16, 2021).
- Textualism, Heritage Clerkship Academy (March 25, 2021).
- The Future of the Roberts Court, Washington & Lee University Federalist Society Chapter (March 25, 2021).
- Common Good Originalism, NYU Federalist Society (April 15, 2021).
- 1st Amendment, 2nd Amendment, and 3D-Printed Guns, American University Federalist Society Chapter (April 20, 2021).
- ABA Model Rule 8.4(g), Duquesne Federalist Society Chapter (April 22, 2021).
- The Past, Present, and Future of the Roberts Court, University of San Diego - Osher Institute (May 21, 2021).
- Panel on Legal Writing, Scribes (May 25, 2021).
- Interview with Judge Danny Boggs, Central Kentucky Federalist Society Chapter (May 28, 2021).
- Modern Establishment Clause Law, Tikvah Fund (June 2, 2021).
- Supreme Court Roundup, Heritage Foundation (July 8, 2021).
- How My Grandparents' Experience During the Holocaust Shaped My Views on the First Amendment, Heritage Foundation (July 16, 2021).
- The 3-3-3 Roberts Court, Houston Pachyderm Club (Aug. 17, 2021).
- Presentation on the Obamacare Litigation, Society of Actuaries (Aug. 18, 2021).
- Why did my law school drop its name?, John Marshall Federalist Society Chapter (Aug. 31, 2021).
- Free Speech on Campus, Toledo Law School Federalist Society Chapter (Sept. 14, 2021).
- The Constitutionality of ABA Model Rule 8.4(g), Toledo Federalist Society Lawyers Chapter (Sept. 14, 2021).
- The Entire Constitution in 1 Hour, South Texas College of Law Houston Federalist Society (Sept. 15, 2021).
- California v. Texas - Cato Constitution Day, Cato Institute (Sept. 17, 2021).
- Supreme Court Roundup, Boston University Federalist Society Chapter (Sept. 20, 2021).
- The Importance of Free Speech on Campus, University of New Hampshire Federalist Society Chapter (Sept. 20, 2021).
- Supreme Court Roundup, Boston College Federalist Society Chapter (Sept. 21, 2021).
- Presentation on the Roberts Court, Suffolk Law School Federalist Society Chapter (Sept. 21, 2021).
- Supreme Court Roundup, SMU Federalist Society Chapter (Sept. 23, 2021).
- Supreme Court Roundup, South Texas College of Law (Sept. 27, 2021).
- Supreme Court Roundup, American University Federalist Society Chapter (Sept. 28, 2021).
- Discussion of S.B. 8, South Texas College of Law (Sept. 30, 2021).
- Supreme Court Roundup, Columbia Law School Federalist Society Chapter (Oct. 4, 2021).
- Vaccine Mandates and Jacobson, The Heritage Foundation (Oct. 7, 2021).
- The Constitutionality of ABA Model Rule 8.4(g), St. Mary's Federalist Society Chapter (Oct. 19, 2021).
- Jacobson, Lochner, Mandates, and Lockdowns, The Cato Institute (Oct. 20, 2021).
- 1st Amendment, 2nd Amendment, and 3D-Printed Guns, University of Kentucky Federalist Society Chapter (Oct. 27, 2021).
- Recap of S.B. 8 Oral Arguments, Texas Tech Federalist Society Chapter (Nov. 1, 2021).
- COVID and Vaccine Mandates, Utah Valley University (Nov. 4, 2021).
- The 3-3-3 Supreme Court: Abortions and Guns, BYU Federalist Society (Nov. 4, 2021).
- George Mason University Alumni Lunch, Federalist Society National Lawyers Convention (Nov. 11, 2021).
- Corpus Linguistics & Heller, Wake Forest Federalist Society Chapter (Nov. 17, 2021).
- Public Health, Pandemics, and the Rule of Law, George Mason Law & Economics Center (Nov. 20, 2021).
- Fighting Antisemitism by Protecting Religious Liberty, The Heritage Foundation (Dec. 6, 2021).
- Supreme Court Roundup, Florida Courts (Dec. 10, 2021).
- 100 Supreme Court Cases Everyone Should Know, Florida Courts (Dec. 17, 2021).
- The Pandemic and the Second Amendment, Houston Bar Association (Dec. 17, 2021).
- Feddie Night Festivus: Blackman vs. Everybody!, The Federalist Society (Dec. 23, 2021).
7 Commentaries
- We were left with a show trial, Politico Magazine (Feb. 13, 2021).
- Conservative Justices Warn Kavanaugh and Barrett Lack 'Fortitude', Newsweek (July 6, 2021).
- The Supreme Court Could Not 'Block' Texas' Fetal Heartbeat Law, Newsweek (Sept. 3, 2021).
- Biden's Vaccine Mandate Is Counterproductive and Likely Illegal, Newsweek (Sept. 13, 2021).
- In Texas Abortion Case, Kavanaugh and Barrett Caved to Judicial Supremacy, Newsweek (Nov. 2, 2021).
- Fighting Antisemitism by Protecting Religious Liberty, The Heritage Foundation (Nov. 16, 2021).
- The Roberts Court Is Poised To Unravel Roe v. Wade's Precedential 'Paradox', Newsweek (Dec. 2, 2021).
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