Kevin C. Walsh
Associate Professor of Law
Courses Taught Complex Litigation Constitutional Law Federal Courts Supreme Court Seminar
Profile

Professor Kevin Walsh teaches and writes in the areas of federal jurisdiction and constitutional law. His scholarship focuses on doctrines that define the scope of federal judicial power, and has appeared in the Stanford Law Review, New York University Law Review, and Hastings Constitutional Law Quarterly, among other venues. Prior to joining the Richmond Law faculty in 2009, Professor Walsh was a Visiting Assistant Professor at Villanova University School of Law. He also clerked for Associate Justice Antonin Scalia of the Supreme Court of the United States and for Judge Paul V. Niemeyer of the United States Court of Appeals for the Fourth Circuit.

Presentations
"Frames of Reference and the 'Turn to Remedy' in Facial Challenge Doctrine," Symposium, The Roberts Court: Distinguishing As Applied Versus Facial Challenges in the Midst of Ideological Differences, February 6, 2009, UC Hastings College of the Law, San Francisco, CA.
"Partial Unconstitutionality," Junior Faculty Workshop, Villanova University School of Law, Villanova, PA.
Bar Admissions
Virginia
Maryland
U.S. Courts of Appeals for the Fourth and Sixth Circuits
United States District Court for the Eastern District of Virginia
Professional Experience
Associate Professor of Law (2012-present)
University of Richmond School of Law, Richmond, Va.
Assistant Professor of Law (2009-12)
University of Richmond School of Law, Richmond, Va.
Visiting Assistant Professor of Law (2007-09)
Villanova University School of Law
Associate (Litigation, IP, and Antitrust) (2004-07)
Hunton & Williams LLP, Richmond, VA
Law Clerk (2003-04)
Hon. Antonin Scalia, Supreme Court of the United States
Law Clerk (2002-03)
Hon. Paul V. Niemeyer, U.S. Court of Appeals for the Fourth Circuit
Publications
Articles

There is No New General Common Law of Severability, 91 Texas Law Review See Also 49 (2013). [Journal] [W]

The Anti-Injunction Act, Congressional Inactivity, and Pre-Enforcement Challenges to Section 5000A of the Tax Code, 46 U. Rich. L. Rev. 823 (2012). [Journal] [SSRN] [L] [W] [HEIN]

The Ghost that Slayed the Mandate, 64 Stan. L. Rev. 64 (2012). [Journal] [SSRN] [L] [W] [HEIN]

Partial Unconstitutionality, 85 N.Y.U. L. Rev. 738 (2010). [Journal] [SSRN] [L] [W] [HEIN]

Frames of Reference and the "Turn to Remedy" in Facial Challenge Doctrine, 36 Hastings Const. L.Q. 667 (2009) (invited symposium contribution). [Journal] [L] [W] [HEIN]

Note, The Science, Law, and Politics of Fetal Pain Legislation, 115 Harv. L. Rev. 2010 (2002). [L] [W] [HEIN]

Case Comment, INS v. St. Cyr, 115 Harv. L. Rev. 477 (2001). [HEIN]

Recent Case, KDM ex rel. WJM v. Reedsport School District, 114 Harv. L. Rev. 954 (2001). [W] [HEIN]

In the News

Little Sisters of the Poor Ask Appeals Court to Protect Them From Obamacare HHS Mandate (LifeNews.com)
Mon., Feb. 24, 2014

Little Sisters Continue Legal Fight Against HHS Mandate (National Catholic Register)
Wed., Jan. 29, 2014

Chesterfield couple at center of Virginia marriage equality fight (NBC 12)
Fri., Jan. 24, 2014

Supreme Court Takes Up Controversial Abortion Protest Case (KNEB)
Wed., Jan. 15, 2014

Nuns Claim US Is 'Blind' to Obamacare Contraceptive Implications (Yahoo! Good Morning America)
Mon., Jan. 6, 2014

Ruling by Supreme Court Justice Sotomayor sets off another battle over Obamacare (The Washington Times, GOPUSA)
Wed., Jan. 1, 2014

Abp. Lori urges 'creative resistance' to HHS mandate (The Catholic Virginian)
Mon., Nov. 11, 2013

Supreme Court asked to revive Virginia's anti-sodomy law (The Washington Post)
Sun., Aug. 18, 2013

John Roberts, the high court's chief peacemaker (Politico)
Thu., Jun. 27, 2013

The DOMA decision ripple effect (Politico)
Wed., Jun. 26, 2013

Supreme Court rules Va. can deny out-of-state FOIA use (Richmond Times-Dispatch)
Tue., Apr. 30, 2013

Will Supreme Court punt on gay marriage? (Politico)
Tue., Mar. 26, 2013

FOIA case with Henrico roots heads to Supreme Court (Richmond Times-Dispatch)
Mon., Feb. 18, 2013

Is the 4th Circuit veering back to the center? (NC Policy Watch)
Wed., Feb. 13, 2013

Debate continues on birth control insurance (Rappahannock News)
Tue., Feb. 12, 2013

Live Updates: Inauguration Day 2013 (ABC News)
Mon., Jan. 21, 2013

Full House to vote on local gay judge (Richmond Times-Dispatch and Individual.com)
Tue., Jan. 15, 2013

SCOTUS orders appeals court to hear Liberty University health care lawsuit (Politico)
Mon., Nov. 26, 2012

4th Circuit shedding conservative reputation (Richmond Times-Dispatch)
Mon., Nov. 19, 2012

Justice Elena Kagan: Overlooked turncoat on health care law? (Politico)
Thu., Jul. 5, 2012

Supreme Court healthcare ruling leaks have DC buzzing: Who is the culprit? (The Hill)
Wed., Jul. 4, 2012

Experts eat crow after healthcare ruling (The Hill)
Sat., Jun. 30, 2012

Roberts Straddles Ideological Divide (The Wall Street Journal and FOX 10 Phoenix)
Thu., Jun. 28, 2012

Roberts's health ruling seen as tactical (The Hill)
Thu., Jun. 28, 2012

Overnight Health: Supreme Court to rule Thursday (The Hill)
Mon., Jun. 25, 2012

How the Sausage Is Made (National Journal)
Thu., Jun. 7, 2012

Congress Gets Rough Treatment at Supreme Court (Bloomberg Businessweek, CBS News, and The Huffington Post)
Sat., Mar. 31, 2012

Supreme Court Takes Up Healthcare in Secrecy (Chicago Tribune)
Fri., Mar. 30, 2012

Politico's Pro Health Care Breakfast Briefing (Politico)
Thu., Mar. 22, 2012

Legal experts say court likely to uphold health law (Politico)
Thu., Mar. 22, 2012

Pennsylvania Lawmakers Mine Discontent on Health-Care Law (Bloomberg Businessweek)
Tue., Mar. 20, 2012

Health law faces its biggest test (Politico)
Sun., Mar. 11, 2012

Religious liberty and Obama's retreat (Richmond Times Dispatch)
Sun., Feb. 12, 2012

New Lawsuit Challenges Obama Contraception Rule (ABC News)
Thu., Feb. 9, 2012

Doomsday forecasts aside, changes coming in 2012 (Richmond Times-Dispatch)
Sun., Jan. 1, 2012


Education
A.B., Dartmouth College 1998
M.A., University of Notre Dame 1999
J.D., Harvard Law School 2002
Contact Information
(804) 287-6018
(804) 289-8992 (Fax)
Areas of Expertise
Federal Courts
Constitutional Law
The U.S. Supreme Court