Media Appearances, Public Speaking, and Commentary from 2020

By Josh Blackman - January 18, 2021 at 08:00AM

Every year, I aim to post my list of accomplishes around the New Year. This year has been quite busy. Here is the belated list.

In 2020, despite the pandemic, my productivity remained at roughly the same level. I published seven law review articles, with one slated to publish in 2021. A few more are in the hopper. I had 290 media hits. And all of the TV appearances were filmed in my home office. That number is higher than 2019 (224), but still lower than 2017 (461) and 2018 (389). To date, the weeks following Trump's inauguration in January 2017 were my busiest time, by far. At the time, none of us knew how to handle this new torrent of a news cycle. Over time, we managed to deal. I am looking forward to (hopefully) a quieter four years.

I also wrote 12 commentaries, including a New York Time op-ed about the impeachment, which was widely read. It is probably the most influential piece I have ever written.

Between January and March, I spoke at 20 events outside of Houston. After March that number dropped to zero. But I managed to speak at about 2 dozen more events by Zoom. I am still impressed how quickly our society adapted to virtual meetings. Such an avulsive change would have been unthinkable a year ago.

I've pasted the list after the jump.

Law Review Articles

1. The "Essential" Free Exercise Clause, 44 Harvard Journal of Law & Public Policy __ (2021).
2. October Term 2019 in Review: Blue June, University of Chicago Law Review Online (Aug. 27, 2020).
3. #Heckled, 18 First Amendment Law Review 1 (2020). 
4. The Right to Code and Share Arms, 83 Law and Contemporary Problems 1 (2020).
5. ABA Model Rule 8.4(g) in the States, 68 Catholic University Law Review 629 (2020).
6. The Once and Future Privileges or Immunities Clause, 25 George Mason Law Review 1207 (2020) (with Ilya Shapiro).
7. Originalism and Stare Decisis in the Lower Courts, 14 NYU Journal of Law & Liberty 44 (2020). 
8. Technology, Social Media, and Professional Ethics, 45 University of Dayton Law Review 63 (2020).

287 Media Appearances

1. Quoted in Impeachment Trial, Divisive Cases Hang Over Chief Justice, Law360 (Jan. 1, 2020).
2. Mentioned in California's New 'Gig Economy' Law Is Dumb. But Is It Unconstitutional?, National Review (Jan. 2, 2020).
3. Quoted in Opinion: Senators now risk indecent exposure of their minds, Washington Post (Jan. 2, 2020).
4. Mentioned in Room with a view: invasive AB 5, Orange County Breeze (Jan. 2, 2020).
5. Quoted in Democrats to demand court to compel former White House counsel Don McGahn to testify, The Washington Times (Jan. 2, 2020).
6. Cited in The gig is up: California's latest destructive regulation is already backfiring, Washington Examiner (Jan. 5, 2020).
7. Mentioned in Harvard professor criticizes conservative scholars while refusing to cite them, The College Fix (Jan. 8, 2020).
8. Mentioned in The Academic Voldemort Principle, American Institute for Economic Research (Jan. 13, 2020).
9. Quoted in 10 years after landmark Citizens United Supreme Court decision, record cash flooding US elections, ABC News (Jan. 20, 2020).
10. Interviewed on KURV Radio about Impeachment Trial (Jan. 20, 2020).
11. Quoted in Supreme Court Declines to Rush Review of Obamacare Appeal (1), Bloomberg Law (Jan. 21, 2020). 
12. Quoted in Trump courts new controversy with travel ban expansion, The Hill (Jan. 23, 2020).
13. Quoted in Law Professor: Trump's Impeachment Threatens 'Virtually Every Elected Official', Law & Crime (Jan. 23, 2020).
14. Quoted in Psychologist warns that impeachment is now damaging America's mental state, Washington Times (Jan. 23, 2020).
15. Quoted in Gregg Jarrett: Under Dems' Trump impeachment justification, Lincoln would've been impeached, Fox News (Jan. 24, 2020).
16. Guest on the Ed Martin Show to discuss the Impeachment Trial (Jan. 23, 2020).
17. Quoted on The Ben Shapiro Show about impeachment (Jan. 23, 2020).
18. Quoted in The Best Defense of Donald Trump, The New Republic (Jan. 24, 2020).
19. Mentioned in The Unspoken Charge That Should Doom Trump: Lawlessness, Bloomberg Opinion (Jan. 25, 2020).
20. Cited on Democrats are misusing impeachment to replicate a parliamentary system, American Thinker (Jan, 25, 2020).
21. Quoted in Trump's Best Defense, New York Times (Jan. 25, 2020).
22. Featured on the Laura Ingraham Show, Fox News Channel (Jan. 25, 2020).
23. Guest on CTV to Discuss Impeachment Trial (Jan. 26, 2020).
24. Quoted in As impeachment trial resumes, key question is: Was a crime committed?, San Francisco Chronicle (Jan. 27, 2020).
25. Guest on WNYC to talk about his recent New York Times op-ed and argue it's not appropriate to impeach a politician for acting in his own political interests (Jan. 27, 2020).
26. Mentioned in Alan Dershowitz Addresses Times Report On Bolton Manuscript In Senate Arguments, Daily Caller (Jan. 27, 2020).
27. Cited in Column: Impeachments rare and that could be Trump's best defense, The Columbus Dispatch (Jan. 28, 2020).
28. Quoted in ICYMI: Dershowitz Obliterates Dems' Case For Removing Trump From Office, The Daily Wire (Jan. 28, 2020).
29. Quoted in Some law students don't want to clerk for Trump's judges. Conservatives are reaping the benefits., The College Fix (Jan. 29, 2020).
30. Mentioned in Echoes being heard from 1973, 1974, The Irish Echo (Jan. 29, 2020).
31. Discussion on The Defense Arguments in Impeachment Trial (Podcast), Bloomberg (Jan. 29, 2020).
32. Guest on Bloomberg Law Podcast—The Defense Arguments in Impeachment Trial (Jan. 29, 2020).
33. Mentioned in Trump Lawyer Alan Dershowitz Compares Lincoln Demanding Civil War Troops be Released to Vote For Him to Ukraine Quid Pro Quo, Newsweek (Jan. 29, 2020).
34. Quoted in Why the Ukraine effort by Donald Trump was not business as usual, The Hill (Jan. 29, 2020).
35. Mentioned in Trump's Best Case against Impeachment, New York Times (Jan. 30, 2020).
36. Mentioned on NYT Podcast "The Argument" regarding impeachment (Jan. 30, 2020).
37. Quoted in Alan Dershowitz's impeachment argument is perfectly logical and that's why liberals are twisting it, Washington Examiner (Jan. 30, 2020).
38. Quoted in Trump and Lincoln: How Politics Influences Decisions, New York Times (Jan. 30, 2020).
39. Quoted in Trump's Impeachment Trial Won't Keep The Chief Justice Away From The State Of The Union, Daily Caller (Feb. 4, 2020).
40. Quoted in Trump's acquittal deals 'deathblow' to impeachment process, scholars say, Washington Times (Feb. 5, 2020).
41. Quoted in House Republicans Looking to Expunge Impeachment, KPRC (Feb. 7, 2020).
42. Discussing expungement of impeachment—KTRH News Radio (Feb. 7, 2020).
43. Quoted in Trump says he's the nation's top cop, a debatable claim, ABC News (Feb. 19, 2020).
44. Quoted in Trump says he's the nation's top cop, a debatable claim, Star Tribune (Feb. 19, 2020).
45. Cited in AI Can't Accurately Predict Case Length And Cost — Yet, Law360 (Feb. 21, 2020).
46. Quoted in Dershowitz was right; slavery reparations are misguided; Orthodox Jews wrong on Trump; etc., The Jewish News of North California (Feb. 21, 2020).
47. Mentioned in The Resistance Starts To Infect Our Courts, The New York Sun (Feb. 25, 2020).
48. Quoted in How Will Trump's Supreme Court Remake America?, New York Times Magazine (Feb. 27, 2020).
49. Guest on KBOB Radio New Mexico to Discuss 100 Cases (March 2, 2020).
50. Quoted in What to Know in Washington: Biden Surges Ahead of Super Tuesday, Bloomberg Government (Mar. 3, 2020).
51. Quoted in Another Obamacare Test Looms for Chief Justice John Roberts (1), Bloomberg Law (Mar. 3, 2020).
52. Guest on KWOS Radio to discuss Supreme Court (Mar. 5, 2020).
53. Quoted in Conservative Justices 'Undermining Democracy,' Judge Says, Law360 (Mar. 10, 2020).
54. Quoted in 'Assault on Democracy': A sitting federal judge takes on John Roberts, Trump and Republicans, Washington Post (March 11, 2020).
55. Mentioned in A Federal Judge Condemned the "Roberts Court's Assault on Democracy." It's About Time., Slate (Mar. 10, 2020).
56. Discussed in A fascinating computer analysis of the linguistic context around the 2nd Amendment, Boing Boing (Mar. 11, 2020).
57. Quoted in Federal judge calls Chief Justice Roberts 'masterpiece of disingenuousness' in law review article, ABA Journal (Mar. 11, 2020).
58. Quoted in Milwaukee federal Judge Lynn Adelman creates stir with article blasting Supreme Court conservatives, Milwaukee Journal Sentinel (Mar. 11, 2020).
59. Guest on the Michael Berry Show (KTRH) to discuss Remain in Mexico Policy (Mar. 11, 2020).
60. Quoted in Gregg Jarrett: Judge who attacked Chief Justice Roberts is a biased liberal flamethrower, Fox News (Mar. 12, 2020).
61. Quoted in Federal judge says Chief Justice John Roberts is 'undermining democracy', CNN Politics (Mar. 12, 2020).
62. Mentioned in Judge who blasted Trump and Supreme Court must be punished for unprofessional behavior, Washington Examiner (Mar. 13, 2020).
63. Quoted in A Conservative Agenda Unleashed on the Federal Courts, New York Times (Mar. 14, 2020).
64. Guest on American Radio Journal to discuss the President's invocation of the Defense Production Act (Mar. 20, 2020).
65. Quoted in Law profs who oppose relaxed grading 'less likely' to say so publicly, prof says, Campus Reform (Mar. 25, 2020).
66. Cited in 'People Are Pissed': Pass/Fail Grading Controversy Roils Law Schools, Law.com (Mar. 25, 2020).
67. Quoted in Law schools' pass/fail decision doesn't ace all tests, Washington Times (March 30, 2020).
68. Quoted in Religious leaders rebel against local gathering rules during pandemic, Washington Times (March 31, 2020).
69. Quoted in 'We're in Uncharted Territory': The Thorny Legal Terrain of Gun Store Closures, The Trace (Apr. 3, 2020).
70. Quoted in With constitutional questions murky, some churches continue to defy restrictions on gatherings, ABC News (Apr. 5, 2020).
71. Quoted in Will a Gun Keep Your Family Safe? Here's What the Evidence Says, The Trace (Apr. 7, 2020).
72. Guest on ABC News (KTRK Channel 13) to Discuss Coronavirus and Religious Liberty (Apr. 9, 2019).
73. Quoted in Coronavirus presents challenge for churches on Easter Sunday, ABC 13 Eyewitness News (Apr. 12, 2020).
74. Quoted in Governments tracking of citizens using coronavirus-related data alarms civil liberty advocates, The Washington Times (Apr. 9, 2020).
75. Quoted in Why Trump's claim that he has 'total' power to restart state economies is false, CNBC (Apr. 13, 2020).
76. Quoted in Trump claims it's his call on when to 'reopen' the country. He's wrong., NBC News (Apr. 13, 2020).
77. Quoted in Religion Triumphs Over Virus Rules, Raising Judge's Profile (2), Bloomberg Law (Apr. 13, 2020).
78. Quoted in Trump says his 'authority is total.' Constitutional experts have 'no idea' where he got that, Washington Post (Apr. 14, 2020).
79. Guest on Bloomberg Law Radio to Discuss President Trump's Executive Powers (Apr. 14, 2020).
80. Quoted in The Trump Bench: Justin Walker, Slate (Apr. 13, 2020).
81. Quote in The controversy over a Trump judge's oddly partisan "religious liberty" opinion, explained, Vox (Apr. 14, 2020).
82. Featured in TIAA Commercial (Apr. 14, 2020).
83. Guest on 710 KURV Radio to Discuss President's Executive Power (Apr. 14, 2020).
84. Guest on NBC Nightly News to Discuss Executive Power (HD) (Apr. 14, 2020)
85. Featured on Coronavirus: President Trump, governors clash over authority to reopen U.S., NBC News (Apr. 14, 2020).
86. Quoted in 'Jarring, unwelcome, and dangerous': Some conservatives are outraged at Trump's claim that his 'authority is total', Business Insider (Apr. 15, 2020).
87. Guest on Bloomberg Law Radio to discuss On Fire Christian Center v. Fischer (Apr. 15, 2020).
88. Quoted in Can Trump Force Congress to Adjourn? Theoretically, Legal Experts Say, but Not Now, National Law Journal (Apr. 15, 2020).
89. Quoted in Judge Justin Walker is a window into McConnell's sway on federal courts, Roll Call (Apr. 17, 2020).
90. Mentioned in Virtual contests allow academic competitions to continue amid coronavirus uncertainty, Greenwich TIme (Apr. 18, 2020).
91. Quoted in Appeals court reinstates limits on medical abortions in Texas, The Hill (Apr. 20, 2020).
92. Quoted in Pandemic ignites dozens of legal battles across nation, Washington Times (Apr. 21, 2020).
93. Quoted in What will change when SCOTUS hears oral arguments by phone?, ABA Journal (Apr. 21, 2020).
94. Cited in McConnell Vows Return To Judicial Confirmations In May, Law360 (Apr. 22, 2020).
95. Quoted in Liberal judges invent constitutional 'right' to literacy, The College Fix (Apr. 25, 2020).
96. Featured on So to Speak podcast: The Constitution in the age of COVID-19 with Professor Josh Blackman (Apr. 28, 2020).
97. Quoted in Freedom Is a Pandemic Casualty in Authoritarian Regimes and Liberal Democracies, Reason (May 1, 2020).
98. Quoted in Trump nominee, once a Supreme Court clerk, still unhappy at how Obamacare ruling played out, CNN Politics (May 3, 2020).
99. Quoted in Supreme Court to break tradition with start of historic teleconference hearings, Washington Times (May 3, 2020).
100. Quoted in Supreme Court livestreams hearings for first time. Three questions., The Christian Science Monitor (May 4, 2020).
101. Guest on The Rio Grande Foundation's Tipping Point New Mexico (May 4, 2020).
102. Quoted in Supreme Court Justices in Texas and Pennsylvania Emphasize That COVID-19 Lockdowns Require Judicial Scrutiny, Reason (May 6, 2020).
103. Cited in Senate Dems Unload On McConnell Protege Up For DC Circ., Law 360 (May 6, 2020).
104. Quoted in The Jared Kushner of the Federal Judiciary, The New Republic (May 7, 2020).
105. Cited in Courtroom access: The "bar line" and "bar section", SCOTUSBlog (May 7, 2020).
106. Quoted in Federal Judge Says Massachusetts Gun Stores Can Reopen Saturday, The Washington Free Beacon (May 7, 2020).
107. Quoted in MATT JONES: Show Him the money, The Daily Independent (May 8, 2020).
108. Quoted in The Supreme Court Hears Trump Financial Records Cases. Here's What's at Stake, Time (May 12, 2020).
109. Interviewed on The Beacon to discuss The Constitution in the Time of the Coronavirus (May 13, 2020).
110. Quoted in Clarence Thomas captivates with 63 questions on Supreme Court livestreams, ABC News (May 15, 2020).
111. Quoted in DC Circ. Pick Plans To Stay In Federalist Society, Law 360 (May 19, 2020).
112. Guest on Legal Scholar: Mail-In Ballots Unlikely in Texas Runoff Elections, News Radio 740 (May 22, 2020).
113. Guest on KTRH's Houston Morning News Discussing mail-in ballots, (May 21, 2020).
114. Quoted in 'Doused With a Bottle of Bleach': A Vision of How Law Schools Will Reopen in the Fall, Law.com (May 27, 2020).
115. Guest on Boise State Public Radio to discuss A Transgender Idaho Inmate's Legal Victory Breaks New Ground, Boise State Public Radio (May 27, 2020).
116. Guest on The Michael Berry Show to Discuss Corona, the Constitution, and the Supreme Court, The Michael Berry Show (May 28, 2020).
117. Guest on Are the Covid 19 Lockdowns Constitutional?, ReasonTV (May 29, 2020).
118. Quoted in GOP Advances Ex-Kavanaugh Clerk Toward DC Circ. Seat, Law360 (June 4, 2020).
119. Quoted in The Complex Debate Over Silicon Valley's Embrace of Content Moderation, The New York Times (June 5, 2020).
120. Quoted in Residents Complain D.C.'s Police Department Creating Bottleneck for Handgun Purchases, Washington Free Beacon, (June 15, 2020).
121.  Quoted in Professor: Left-wing Campuses Are Stifling Free Speech, Intellectual Mission of Universities, The New American (June 15, 2020).
122. Quoted in Gorsuch Draws Rebuke From Right Over LGBT Worker Rights Ruling, Bloomberg News (June 16, 2020).
123. Guest on The Michael Berry Show to Discuss Bostock, The Michael Berry Show (June, 2020).
124. Quoted in With election in mind, Senate fills final court vacancies with Trump nominees, Facing South (June 17, 2020).
125. Quoted in Divided Senate Confirms McConnell Protege To DC Circ., Law360 (June 18, 2020).
126. Guest on AirTalk to discuss DACA and the Legal, the Political and the Personal Dimensions, AirTalk (June 18, 2020).
127. Guest on The Michael Berry Show to Discuss the DACA Case, The Michael Berry Show (June 18, 2020).
128. Guest on NPR All Things Considered to Discuss Chief Justice John Roberts, NPR (June 19, 2020).
129. Quoted in Major Cases Still Pending at Supreme Court Term Could Spill into July, The Washington Times (June 20, 2020).
130. Guest on CTV to Discuss the DACA Case (June 22, 2020).
131. Guest on Conservatives Suffering Buyers' Remorse After Recent SCOTUS Decisions, 740 KTRH NEWSRadio (June 24, 2020).
132. Guest on KTRH to Discuss the Supreme Court Term, KTRH (June 25, 2020).
133. Quoted in Supreme Court LGBT ruling threatens to inundate small business, The Washington Times (June 28, 2020).
134. Quoted in With pivotal votes, Chief Justice John Roberts confounds conservatives and liberals, ABCNews (June 30, 2020).
135. In New Obamacare Case, Supreme Court Can't Strike Down the Whole Law but Should Still Grant Relief, Cato Institute (July 5, 2020).
136. Quoted in John Roberts' swing votes all about politics, court watchers say, The Washington Times (July 5, 2020).
137. Guest on the Michael Berry show to Discuss the recent Tax Return Cases, The Michael Berry Show (July 9, 2020).
138. Quoted in Democrats Come Up Short Again in Bid to Investigate Trump, Bloomberg (July 10, 2020). 
139. Quoted in Supreme Court future becomes pivotal issue in Senate races, The Washington Times (July 12, 2020).
140. Quoted in Law school graduates worried about security, privacy of online bar exam, TheHill.com (July 14, 2020).
141. Guest on Federalist Teleforum on Second Amendment (July 14, 2020).
142. Guest on Bloomberg Law Radio to Discuss Burr Trial and Trump v. Vance, Bloomberg Law (July 13, 2020).
143. Guest on Advisory Opinions Podcast to discuss the Supreme Court Term, Advisory Opinions (July 16, 2020).
144. Quoted in Supreme Court Justices Kavanaugh, Gorsuch Display Independent Streaks, USAToday.com (July 17, 2020).
145. Quoted in Did the Supreme Court grant Trump new powers to reshape immigration and health care? Politico.com (July 22, 2020).
146. Quoted in 11th Circ. Judge Bows Out Of Fla. Felon Voting Rights Case, Law360 (July 22, 2020).
147. Quoted in Roberts Rules, National Review (July 23, 2020).
148. Quoted in Does DACA ruling pose threat to Obamacare? Modern Healthcare (July 24, 2020).
149. Guest on Free Thoughts podcast to discuss 100 Supreme Court cases (July 31, 2020).
150. Featured in Constitutional law professor explains while Neil Gorsuch's 'proud textualist' approach is 'built on quicksand,' AlterNet (July 28, 2020).
151. Guest on the Michael Berry Show to Discuss SCOTUS Leaks, The Michael Berry Show (July 29, 2020).
152. Quoted in Supreme Court Leaks Don't Lead Anywhere Good, Bloomberg Opinion (Aug. 1, 2020).
153. Quoted in The Supreme Court is Leaking. That's a Good Thing, The Washington Post (Aug. 3, 2020).
154. Quoted in More than 150 law school deans want mandated bias training for law students, The College Fix (Aug. 4, 2020).
155. Cited in Pence says Chief Justice John Roberts has been 'a disappointment to conservatives,' CNBC.com (Aug. 6, 2020)
156. Quoted in Why Critics think Trump's executive order on evictions is 'deeply misleading,' The Week (Aug. 6, 2020).
157. Quoted in Pelosi, Mnuchin open door to narrower COVID-19 aid through 2020, Reuters (Aug. 9, 2020)
158. Quoted in Trump signs executive orders enacting $400 unemployment benefit, payroll tax cut after coronavirus stimulus talks stall, USA Today (Aug. 10, 2020).
159. Quoted in Trump just signed an order to give an extra $400 in weekly unemployment benefits. Is that legal?, Fortune (Aug. 10, 2020).
160. Guest on KURV Radio to Discuss President Trump's Four Executive Actions, KRUV Radio (Aug. 10, 2020).
161. Quoted in The top 3 unanswered questions about Trump's executive orders on coronavirus relief, USAToday.com (Aug. 10, 2020).
162. Mentioned on WBAL's The Yuripzy Morgan Show about Trump's Executive Orders, The Yuripzy Morgan Show (Aug. 10, 2020).
163. Quoted in Pro-Police Groups File Suit, Seeking to Paint 'Blue Lives Matter' on New York City Street, Hamodia.com (Aug. 11, 2020).
164. Guest on WBAL's The Yuripzy Morgan Show to Discuss Trump's Executive Actions, The Yuripzy Morgan Show (Aug. 11, 2020).
165. Quoted in Supreme Court ruling on employment discrimination could affect transgender bathroom policies, The Washington Times (Aug. 11, 2020).
166. Cited in COVID-19 and the Costs of Unsteady Administration, Bulwark.com (Aug. 13, 2020).
167. Quoted in Trump's executive orders: can he do that? Capital Press (Aug. 13, 2020).
168. Quoted in USM president's BLM statement and 'antiracism pledge' troubling for many reasons, MaineWire.com (Aug. 13, 2020).
169. Listed as Guest for Dole Institute Fall 2020 Virtual Programs to discuss Kansas in the Supreme Court, WIBW13 (Aug. 28, 2020). 
170. Guest on Unpacking Constitutional Law to discuss the development of constitutional law over the last 2 centuries, Unpacking Constitutional Law (July 31, 2020).
171. Quoted in CDC's Eviction Moratorium Is An Unconstitutional Power Grab, Foundation for Economic Education (Sep. 4, 2020).
172. Quoted in Does the CDC Have the Authority to Ban Evictions as Trump Has Proposed? PJMedia, (Sep. 4, 2020). 
173. Cited in CDC's Eviction Moratorium is Unlawful, Unconstitutional, Competitive Enterprise Institute Blog (Sep. 8, 2020).
174. Quoted in Texas State Bar Defies Attorney General on Anti-Bias Rule, Courthouse News Service (Sep. 10, 2020).
175. Quoted in Texas Bar Drops Proposal To Limit President's Powers, Law360 (Sept. 10, 2020).
176. Quoted in The fourth branch of government is on its way to displacing Congress, The Washington Post (Sep. 11, 2020). 
177. Quoted in Biden and Trump Now Agree: The President Has No Authority to Impose a Nationwide Mask Mandate, Reason.com (Sep. 18, 2020).
178. Guest on Al Jazeera to discuss the passing of Justice Ginsburg, Al Jazeera (Sep. 18, 2020).
179. Quoted in The Most Important Woman Lawyer in the History of the Republic, Politico.com (Sep. 18, 2020).
180. Quoted in Fate of Justice Ruth Bader Ginsburg's Papers Is Unclear, National Law Journal (Sept. 19, 2020).
181. Quoted in Supreme Court Justice Ruth Bader Ginsburg Leaves Behind Lasting Impression, FOXNews 26 (Sep. 19, 2020).
182. Quoted in Arizonan on Trump's Short List for Supreme Court has low profile, Cronkite News (Sep. 19, 2020). 
183. Quoted in Shorthanded High Court Risks Deadlock on Google, Delaware Cases, Bloomberg Law (Sep. 21, 2020).
184. Quoted in Some urge Democrats to expand the Supreme Court if they take power in 2021. Could they do that? USAToday.com (Sep. 21, 2020). 
185. Quoted in Without Ginsburg, Supreme Court Could Rule Three Ways on Obamacare, The New York Times (Sep. 21, 2020).
186. Quoted in Is Kamala Harris the Democrats' secret to stopping Trump's Supreme Court Nominee? Mercury News (Sep. 21, 2020).
187. Guest on KRIV 26 Fox News to Discuss Justice Ginsburg's Legacy, KRIV26 News Houston (Sep. 22, 2020).
188. Guest on the Michael Berry Show to discuss the passing of Justice Ginsburg, The Michael Berry Show (Sep. 21, 2020).
189. Guest on the C4 and Bryan Nehman Show to discuss the passing of Justice Ginsburg, WBAL's the C4 and Bryan Nehman Show (Sep. 21, 2020).
190. Quoted in Supreme Court: Would Trump pick inevitably mean a sharp right turn? The Christian Science Monitor (Sep. 24, 2020).
191. Quoted in Vance, Trump Square Off Over Subpoena at Appellate Court, The Wall Street Journal (Sep. 25, 2020).
192. Quoted in After Ginsburg's Death, high stakes for Texas' legal challenge to the Affordable Care Act, The Texas Tribune (Sep. 25, 2020).
193. Quoted in Is Obamacare in Danger? National Review (Sep. 25, 2020).
194. Quoted in Trump Nominates Conservative Judge Amy Coney Barrett to US Supreme Court, SFChronicle (Sep. 26, 2020).
195. Quoted in How Amy Coney Barrett would Reshape the Court—and the Country, Politico.com (Sep. 26, 2020).
196. Quoted in Trump Nominates Conservative Judge Amy Coney Barrett to US Supreme Court—reaction swift, SFChronicle (Sep. 26, 2020).
197. Guest on the Bob Zadek Show to discuss nomination of Amy Coney Barrett, The Bob Zadek Show (Sep. 27, 2020).
198. Quoted in Ethics opinion helps define ABA guidance on professional misconduct, ABA Journal (Oct. 1, 2020).
199. Guest on KHOW30 to discuss presidential succession, KHOW (Oct. 7, 2020).
200. Quoted in Are Bill De Blasio and Andrew Cuomo Targeting New York City's Jews? Newsweek (Oct. 7, 2020).
201. Quoted in She Never Answered the Question: Pence Presses Harris over Expanding Supreme Court, USAToday.com (Oct. 8, 2020).
202. Guest on the Ross Kaminsky Show to discuss presidential succession, The Ross Kaminsky Show (Oct. 6, 2020).
203. Quoted in Do Cuomo's coronavirus shutdown orders trample the First Amendment? City & State NY (Oct. 9, 2020).
204. Guest on KPCC's AirTalk with Larry Mantle to discuss Barrett Hearing, AirTalk (Oct. 12, 2020).
205. Quoted in While Democrats Argue Barrett Will Kill Obamacare, Legal Experts are Skeptical, The Washington Free Beacon (Oct. 12, 2020).
206. Quoted in Fact-checking Biden's claim that Barrett's SCOTUS confirmation process is "not constitutional," CNN.com (Oct. 13, 2020).
207. Quoted in Joe Biden says Amy Coney Barrett's nomination is unconstitutional. Even the CNN fact check says that is flat out false, the Blaze (Oct. 13, 2020).
208. Guest on the Jim Bohannon Show to discuss the Barrett confirmation hearings, The Jim Bohannon Show (Oct. 12, 2020).
209. Guest on AirTalk KPCC to discuss Day 4 of Amy Coney Barrett confirmation hearings, AirTalk (Oct. 15, 2020).
210. Quoted in 'Blasphemy' is non-halachic Jews name-calling Haredim, Forward (Oct. 15, 2020).
211. Guest on Bloomberg Law Radio to Discuss A Different Way to Rein in the Supreme Court, Bloomberg Law (Oct. 17, 2020).
212. Quoted in Far Rockaway Jewish School Brings Lawsuit over Cuomo's Shutdown, Hamodia (Oct. 18, 2020).
213. Quoted in Judiciary Committee Votes to move Amy Coney Barrett forward for confirmation, The Washington Times (Oct. 22, 2020).
214. Quoted in Hundred of Lawsuits move through courts breaking record before election day, The Washington Times (Oct. 25, 2020).
215. Quoted in Amy Coney Barrett to face election challenges after confirmation, The Washington Times (Oct. 26, 2020).
216. Quoted in The Longest Election Day? Hamodia (Oct. 29, 2020).
217. Quoted in Biden, Putin agree on national mask mandates, The Washington Times (Oct. 30, 2020).  
218. Quoted in Fact Check: Can the President enact a nationwide mask mandate? CNNPolitics.com (Nov. 1, 2020).
219. Quoted in Joe Biden would implement public mask mandate, The Washington Times (Nov. 1, 2020).
220. Quoted in U.S. Supreme Court offers partial victory to Black Lives Matter activist after policeman sues, The Advocate (Nov. 2, 2020).
221. Guest on ABC 13 Houston to Discuss Election, ABC 13 Houston (Nov. 3, 2020).
222. Guest on Al Jazeera English to Discuss Election and Judiciary, Al Jazeera (Nov. 3, 2020).
223. Quoted in Election 2020: Houstonians protests against Trump's calls to stop vote count, ABC13 Houston (Nov. 4, 2020).
224. Guest on KPRC NBC 2 Houston to discuss the election, KPRC2 (Nov. 5, 2020).
225. Guest on ABC13 Houston to discuss Election, ABC13 (Nov. 5, 2020).
226. Quoted in Symposium: The individual plaintiffs in California v. Texas suffer a greater Article III injury than did the individual plaintiffs in NFIB v. Sebelius, SCOTUSBlog (Nov. 5, 2020).
227. Quoted in Law professors weigh in on 2020 election lawsuits in 4 states, KHOU—Houston (Nov. 5, 2020).
228. Quoted in Trump campaign cries foul, files lawsuit over vote counting, The Washington Times (Nov. 5, 2020). 
229. Quoted in The Media Faces a Potential Post-Election Future Without Trump, The New York Times (Nov. 6, 2020).
230. Quoted in Law professors weigh in on President Trump's legal battle, KHOU Houston (Nov. 7, 2020).
231. Quoted/Guest on ABC13 Election law expert says Pres. Donald Trump legal challenges won't succeed, ABC13 Houston (Nov. 7, 2020).
232. Guest on Bloomberg Businessweek, Trump Lawsuits Won't Change Election Outcome: Professor, Bloomberg (Nov. 8, 2020).
233. Quoted in Can Trump overturn US election result? Here's How Likely Desperate Don's chances are, Mirror (Nov. 8, 2020).
234. Guest on France 24 News to Discuss Legal Challenges to Election Results, France 24 News (Nov. 7, 2020).
235. Guest on ABC 13 Houston to Discuss Legal Challenges to Election Results, ABC 13 (Nov. 8, 2020).
236. Guest on Al Jazeera to discuss legal challenges to election results, Al Jazeera (Nov. 8, 2020).
237. Guest on KHOU CBS News to Discuss Legal Challenges to Election, KHOU (Nov. 8, 2020).
238. Quoted in Biden Readies Executive Orders to Reverse Trump Policies, PJMedia (Nov. 8, 2020).
239. Quoted in Obamacare Stakes Rise at Supreme Court as Election Dooms Easy Fix, Bloomberg (Nov. 9, 2020).
240. Quoted in Stock markets rally on Biden presidency, Covid-19 vaccine news, Quartz (Nov. 9, 2020).
241. Quoted in The CDC's Eviction Moratorium Is Neither Necessary Nor Legally Sound, Reason (Dec., 2020).
242. Guest on WBAL's The C4 and Bryan Nehman Show to discuss California v. Texas, The C4 an Bryan Nehman Show (Nov. 10, 2020).
243. Quoted in Supreme Court Hears Case Threatening Obamacare, But It's Unlikely the Justices Will Kill It, CBN News (Nov. 10, 2020).
244. Quoted in Health Care Law Looks Primed to Survive Latest Turn at High Court, Courthouse News Service (Nov. 10, 2020).
245. Quoted in Experts, top Democrats say ACA likely to stand while Republicans slam individual mandate after SCOTUS hearing, FoxNews (Nov. 10, 2020).
246. Quoted in Biden Hopes to Convince Governors to Enact Mask Mandates, Newsmax (Nov. 11, 2020).
247. Quoted in Biden mask mandate: How a national COVID face mask rule would work, USAToday (Nov. 11, 2020).
248. Guest on KPCC AirTalk to discuss California v. Texas, KPCC Air Talk (Nov. 11, 2020).
249. Guest on Voice of America (Russian Service) to Discuss Election Litigation Lawsuits filed, no evidence: Trump administration doesn't believe election truthfulness, golosameriki (Nov. 11, 2020).
250. Guest on FOX KRIV's Houston's Morning Show to discuss election litigation, KRIV (Nov. 12, 2020).
251. Guest on Radio Free Europe (Romania) to Discuss Election Litigation, Radio Free Europe (Nov. 12, 2020).
252. Guest on Radio Free Europe (Serbian) to Discuss Election Litigation, Radio Free Europe (Nov. 13, 2020).
253. Quoted in Justice Alito speech on polarizing issues prompts calls to reform Supreme Court, ABCNews (Nov. 13, 2020).
254. Quoted in Joe Biden's plans for mask mandates nationwide will be an early test of his power of persuasion, CNNPolitics (Nov. 19, 2020).
255. Credited in Judges star in COVID-inspired Hamilton music video, Legal Cheek (Nov. 19, 2020).
256. Quoted in Biden eyes lawsuit to force Trump cooperation with transition team, Washington Times (Nov. 20, 2020).
257. Quoted in U.S. Supreme Court Overturns New York's Strict Limits on Houses of Worship, Hamodia (Nov. 26, 2020).
258. Guest on SCOTUS 101 Podcast to discuss COVID-19 Religious Liberty Litigation (Nov. 26, 2020).
259. Quoted in Gun groups see Supreme Court with Amy Coney Barrett as more sympathetic, The Washington Times (Dec. 2, 2020).
260. Quoted in Supreme Court Rules The Constitution Matters, Even In A Pandemic, The Federalist (Dec. 1, 2020). 
261. Quoted in California's COVID limits on churches in legal jeopardy, CalMatters (Dec. 2, 2020).
262. Guest on the Lawfare Podcast to discuss COVID-19 (Dec. 4, 2020).
263. Quoted in The Supreme Court Didn't Overlook COVID, It Required Equal COVID Rules For Worship, The Federalist (Dec. 1, 2020).
264. Quoted in Houston lawyer helps Supreme Court decision to block executive order that violates First Amendment, Jewish Herald Voice (Dec. 3, 2020). 
265. Quoted in California Churches Stuck in Limbo After Supreme Court Decision, Reason (Dec. 4, 2020).
266. Quoted in How Do You Solve a Problem Like John Durham?, Lawfare (Dec. 4, 2020).
267. Quoted in In election cases, Trump-appointed judges rule against Trump and allies, express skepticism, ABA Journal (Dec. 7, 2020).
268. Quoted in Barrett Inspires New Religious Challenges To COVID-19 Rules, Law360 (Dec. 7, 2020).
269. Quoted in Texas goes to Supreme Court to challenge 'flawed' election results in four swing states, Washington Times (Dec. 8, 2020).
270. Guest on Fox 26 KRIV to discuss election litigation (Dec. 9, 2020).
271. Quoted in Should the Biden administration prosecute Trump?, Law News 360 (Dec. 9, 2020).
272. Quoted in Analysis-Texas tries to overturn the U.S. election result. Can it succeed?, Reuters (Dec. 9, 2020).
273. Quoted in Paxton's election fraud lawsuit is a non-starter but smart politics, legal experts say, Click2Houston (Dec. 9, 2020).
274. Quoted in 'It's a frivolous case': Legal experts weigh in on lawsuit seeking to overturn election results, KHOU 11 (Dec. 10, 2020).
275. Interviewed on KHOU 11 (Houston CBS Affiliate) on Texas Election Litigation (Dec. 11, 2020).
276. Quoted in We Can't "Look Forward" on the Trump Administration's Abuses, Lawfare (Dec. 11, 2020).
277. Quoted in These GOP members of Congress from Virginia, Maryland back Texas suit to overturn election, Washington Post (Dec. 11, 2020).
278. Guest on KRL Radio (Dallas) to discuss Texas Election Case (12/11/20).
279. Quoted in Kevin McCarthy joins TX lawsuit to overturn election. What about other CA lawmakers?, The Fresno Bee (Dec. 11, 2020).
280. Quoted in Regional COVID-19 death toll rises to more than 600, statewide toll nears 24,000, KWTX 10 (Dec. 14, 2020).
281. Guest on
282.  to Discuss Texas Election Case (12/14/20).
283. Quoted in Meet the Three Texas Judges Trump Named to the Fifth Circuit, Texas Monthly (Dec. 15, 2021).
284. Quoted in Supreme Court Tells Lower Court to Reconsider Ruling Upholding New Jersey Limits on Religious Gatherings, Hamodia (Dec. 15, 2020).
285. Quoted in Supreme Court's Cuomo Rebuke Has Nationwide Ripple Effect, Washington Free Beacon (Dec. 16, 2020).
286. Guest on the Michael Berry Show to discuss COVID-19 restrictions on houses of worship (12/16/20).
287. Quoted in Supreme Court declines to hear religious liberty challenge against school closures, Post Millennial (Dec. 18, 2020).
288. Guest on NPR Morning Edition to discuss the new Roberts Court (Dec. 29, 2020).
289. Guest on NPR Morning Edition to discuss the Roberts Court and abortion (Dec. 29, 2020).

 

47 Presentations

1. 1st Amendment, 2nd Amendment, and 3D-Printed Guns,Texas Tech Federalist Society Chapter (Jan. 15, 2020).
2. 1st Amendment, 2nd Amendment, and 3D-Printed Guns, University of Utah Federalist Society Chapter (Jan. 22, 2020).
3. Impeachment and the Constitution, Houston Federal Bar Association (Jan. 23, 2020).
4. Midland County Bar Association (Jan. 24, 2020).
5. Discussion on the ACA Challenge, Willamette Federalist Society Chapter (Jan. 27, 2020).
6. Restoring the Lost Confirmation, University of Oregon Federalist Society Chapter (Jan. 27, 2020).
7. 1st Amendment, 2nd Amendment, and 3D-Printed Guns, UNLV Federalist Society Chapter (Jan. 29, 2020).
8. Debate on the new Obamacare challenge, SMU Federalist Society Chapter (Feb. 3, 2020).
9. Judicial Supremacy, University of Alabama Federalist Society Chapter (Feb. 5, 2020).
10. Judicial Supremacy, Samford University Federalist Society Chapter (Feb. 5, 2020).
11. The Importance of Free Speech on Campus, Indiana University Bloomington Federalist Society Chapter (Feb. 10, 2020).
12. Originalism and Stare Decisis, Student Symposium, University of Virginia Federalist Society Chapter (Feb. 13, 2020).
13. Bioethics and the Supreme Court, Faulkner University Federalist Society (Feb. 17, 2020).
14. Supreme Court Roundup, Texas A&M Federalist Society Chapter (Feb. 19, 2020).
15. The Nondelegation Doctrine, University of Connecticut Federalist Society Chapter (Feb. 24, 2020).
16. 70 Principles of Statutory Interpretation, Heritage Foundation Clerkship Seminar (Feb. 27, 2020).
17. 1st Amendment, 2nd Amendment, and 3D-Printed Guns, University of New Mexico Federalist Society Chapter (March 2, 2020).
18. 100 Supreme Court Cases in 60 Minutes, New Mexico Lawyers Federalist Society Chapter (March 2, 2020).
19. Debate on DACA Rescission, FIU Federalist Society Chapter (March 4, 2020).
20. 100 Supreme Court Cases in 60 Minutes, New Orleans Lawyers Federalist Society Chapter (March 6, 2020).
21. Debate on ABA Model Rule 8.4(g), University of Oklahoma Federalist Society Chapter (March 9, 2020).
22. The Constitution in the Time of Coronavirus, The William F. Buckley Program (May 11, 2020).
23. Corona and the Constitution, Chicago Federalist Society Chapter (May 29, 2020).
24. Coronavirus and the Constitution, Little Rock Federalist Society Chapter (June 2, 2020).
25. Corona and the Constitution, George Washington Federalist Society Chapter (June 21, 2020).
26. RNLA Supreme Court Roundup (July 17, 2020).
27. Supreme Court Roundup, Lawyers for Civil Justice (July 29, 2020).
28. Obamacare and the Presidency, Rendell Summer Teacher Institute on the American Presidency (July 30, 2020). 
29. Reason Supreme Court Roundup (Aug. 6, 2020).
30. Bostock and the Supreme Court, Salt Lake City Federalist Society (Aug. 7, 2020).
31. Blue June, Nashville Federalist Society (Aug. 25, 2020).
32. The future of the conservative legal movement, BYU Federalist Society (Sep. 10, 2020).
33. The Future of the Second Amendment, New Jersey Federalist Society Chapter (Sep. 11, 2020).
34. California v. Texas, Dole Institute of Politics—Constitution Day (Sep. 15, 2020).
35. Blue June, FIU Federalist Society Chapter (Sep. 15, 2020).
36. The Future of the Conservative Legal Movement, Berkeley Federalist Society (Sep. 22, 2020).
37. California v. Texas, Stanford Federalist Society Chapter (Sep. 24, 2020).
38. The Constitutionality of ABA Model Rule 8.4(g), Missouri Federalist Society Chapter (Sep. 25, 2020).
39. 1st Amendment, 2nd Amendment, and 3D Printed Guns, Creighton Federalist Society (Sep. 29, 2020).
40. California v. Texas, Columbia Federalist Society (Oct. 1, 2020).
41. The Confirmation of Amy Coney Barrett, University of Florida Federalist Society (Oct. 8, 2020).
42. The New Constitutional Challenge to Obamacare, Rutgers Camden Federalist Society (Oct. 22, 2020).
43. Stare Decisis on Roberts Court, William & Mary Federalist Society Chapter (Oct. 27, 2020).
44. Presentation on Judges and Social Media, Wisconsin Judicial Conference, (Nov. 6, 2020).
45. The Future of Obamacare, Brooklyn Law School (Nov. 12, 2020).
46. The Future of the Roberts Court, Houston Stonewall Law Association (Dec. 8, 2020).
47. The Constitutionality of ABA Model Rule 8.4(g), Vermont Federalist Society Chapter (Dec. 17, 2020).

 

12 Commentaries

1. The Statutory Authority for Barr's Appointment of Durham as Special Counsel—Lawfare, Lawfare (Dec. 2, 2020) 
2. The individual plaintiffs in California v. Texas suffer a greater Article III injury than did the individual plaintiffs in NFIB v. Sebelius, SCOTUSBlog (Nov. 5, 2020) (with Ilya Shapiro).
3. A Supreme Court Divided Cannot Stand. John Roberts Must Step up or Step Off, Newsweek (Aug. 3, 2020).
4. Gorsuch and Kavanaugh Stake out their Independence from Trump, National Review (July 28, 2020).
5. Justice Gorsuch's Legal Philosophy Has a Precedent Problem, The Atlantic (July 24, 2020).
6. Invisible Majorities: Counting to nine votes in per curiam cases, SCOTUSBlog.com (July 23, 2020).
7. Justice Breyer made it impossible for Congress to impeach territorial officers for accepting bribes, Balkinization (July 14, 2020).
8. Symposium: It must be nice to have John Marshall on your side, SCOTUSblog.com (July 10, 2020).
9. Justice Gorsuch Halfway Textualism Surprises and Disappoints in the Title VII Cases, National Review (June 26, 2020) (with Randy Barnett).
10. Trump Acts Like a Politician. That's Not an Impeachable Offense., The New York Times (Jan. 23, 2020).
11. Trump has the constitutional power to intervene in Roger Stone's sentencing, Washington Post (Feb. 19, 2020).
12. The Mysterious Meaning of the Second Amendment, The Atlantic (Feb. 28, 2020) (with James C. Phillips)

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