Kevin C. Walsh
Professor of Law
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Profile
Professor Kevin C. 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, the University of Chicago Law Review, and the Notre Dame Law Review, 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.
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Presentations
Panelist, "Chief Justice John Marshall," The Role of the Chief Justice in American Constitutionalism, American Enterprise Institute (October 2019)
Presenter, "What Kind of Law Will It Take to Overturn Roe v. Wade in the Short Term?," Annual Conference, Catholic Bar Association (October 2019)
Panelist, "Key Cases of the Term," Supreme Court Preview: October Term 2019, American Constitution Society & Federalist Society (September 2019)
Presenter, "Supreme Court Review: Key Civil Cases in OT 2018," Law Clerk Training, Supreme Court of Virginia & Court of Appeals of Virginia (August 2019)
Presenter, "The Judicial Power of the United States: An Introduction," Teacher Workshop, National Constitution Center (July 2019)
Presenter, "The Judicial Power of the United States: An Introduction," Teacher Workshop, National Constitution Center (July 2019)
Presenter, "John Marshall's Legacy for the Vocation of Law," Open University, Shepherd's Center of Richmond (May 2019)
Presenter, "John Marshall: Hidden Hero of National Union," The Life and Legacy of John Marshall: A Symposium, Mosby Heritage Area Association (April 2019)
Moderator, "King of Crimes: The Treason Trial of Aaron Burr," Premiere Screening, John Marshall Foundation (April 2019)
Presentations Prior to 2019
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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
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Professional Experience
Professor of Law (2015 - present)
University of Richmond School of Law, Richmond, VAAssociate Professor of Law (2012 - 2015)
University of Richmond School of Law, Richmond, VAAssistant Professor of Law (2009 - 2012)
University of Richmond School of Law, Richmond, VAVisiting Assistant Professor of Law (2007 - 2009)
Villanova University School of Law, Villanova, PAAssociate (Litigation, IP, and Antitrust) (2004 - 2007)
Hunton & Williams LLP, Richmond, VALaw Clerk to the Honorable Antonin Scalia (2003 - 2004)
Supreme Court of the United States, Washington, DCLaw Clerk to the Honorable Paul V. Niemeyer (2002 - 2003)
U.S. Court of Appeals for the Fourth Circuit
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Presentations
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Publications
Journal Articles
Severability, Separation of Powers, and Agency Design, 2018 Jotwell: The Journal of Things We Like (Lots) 1 (2018).
The "Irish Born" One American Citizenship Amendment, 13 Duke Journal of Constitutional Law & Public Policy 57 (2018).
Kennedy’s Last Term: A Report on the 2017–2018 Supreme Court, First Things 25 (with Marc DeGirolami) (2018).
Adversity and Non-Contentiousness, 2017 Jotwell: The Journal of Things We Like (Lots) 1 (2017).
Enduring Originalism, 105 Georgetown Law Journal 97 (with Jeffrey Pojanowski) (2017).
Judicial Departmentalism: An Introduction, 58 William & Mary Law Review 1713 (2017).
Originalist Law Reform, Judicial Departmentalism, and Justice Scalia, 84 University of Chicago Law Review 2311 (2017).
The Limits of Reading Law in the Affordable Care Act Cases, 92 Notre Dame Law Review 1997 (2017).
"A Less Corrupt Term," Supreme Court Round-up for OT 2016, First Things (with Marc DeGirolami) (2017).
Equity, the Judicial Power, and the Problem of the National Injunction, 2016 Jotwell: The Journal of Things We Like (Lots) 446 (2016).
Glimpses of Marshall in the Military, 50 University of Richmond Law Review 69 (2016).
The Court After Scalia, 266 First Things 45 (2016).
Addressing Three Problems in Commentary on Catholics at the Supreme Court by Reference to Three Decades of Catholic Bishops' Amicus Briefs, 26 Stanford Law & Policy Review 411 (2015).
Expanding Our Understanding of Narrowing Precedent, 2015 Jotwell: The Journal of Things We Like (Lots) 326 (2015).
In the Beginning There Was None: Supreme Court Review of State Criminal Prosecutions, 90 Notre Dame Law Review 1867 (2015).
Judge Posner, Judge Wilkinson, and Judicial Critique of Constitutional Theory, 90 Notre Dame Law Review 633 (2014).
Observations on MacDonald v. Moose, 65 South Carolina Law Review 951 (2014).
Building the Federal Judiciary, 2013 Jotwell: The Journal of Things We Like (Lots) 186 (2013).
Posner on Realist Judging, 2013 Jotwell: The Journal of Things We Like (Lots) 216 (2013).
The Anti-Injunction Act, Congressional Inactivity, and Pre-Enforcement Challenges to 5000A of the Tax Code, 46 University of Richmond Law Review 823 (2012).
The Ghost That Slayed the Mandate, 64 Stanford Law Review 55 (2012).
There Is No New General Common Law of Severability, 91 Texas Law Review See Also 49 (2012).
Procedural Values and the Mechanics of Federal Appeals, 2011 Jotwell: The Journal of Things We Like (Lots) 77 (2011).
Partial Unconstitutionality, 85 New York University Law Review 738 (2010).
Frames of Reference and the "Turn to Remedy" in Facial Challenge Doctrine, 36 Hastings Constitutional Law Quarterly 667 (2009).
The Science, Law, and Politics of Fetal Pain Legislation, 115 Harvard Law Review 2010 (2002).
Case Comment: INS v. St. Cyr, 115 Harvard Law Review 477 (2001).
KDM ex rel. WJM v. Reedsport School District, 114 Harvard Law Review 954 (2001).
Book ReviewsWithout Evidence: Joel Richard Paul's John Marshall, Law and Liberty (December 2018).
Blog PostsBeveridge Loved It; Roane Hated It; Few Today Understand McCulloch Properly, Building Blocks For Liberty (March 2019).
The New Anti-Catholicism, First Things (January 2019).
Magazines/Trade PublicationsHealth Care: Why Jurisdiction Matters, 24 Richmond Law 17 (2011).
Newspaper ArticlesOpinion: Convervatives, Don't Put Too Much Hope in the Next Justice, The New York Times (with Marc DeGirolami) (July 2018).
Additional PublicationsEverything But the Merits: Analyzing the Procedural Aspects of the Healthcare Litigation Allen Chair Symposium University of Richmond Law Review (November 2011).
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In the News
John Marshall (C-SPAN)
Thu., Mar. 4, 2021Three Post-Trump Vacancies Will Allow Biden To Place His Stamp On Maryland’s Federal Trial Court (The Baltimore Sun)
Fri., Jan. 29, 202110 years and many lawsuits later, battles over religion and birth control coverage just keep getting messier (Deseret News)
Sun., May. 3, 2020How We Got Here: Episode 5 (NBC 12)
Mon., Dec. 16, 2019Hidden No More (Richmond Magazine)
Tue., Feb. 19, 2019The awesomeness of Sen. Marie Hirono is why immigrants should be allowed to run for president (The Inquirer)
Thu., Oct. 4, 2018Trump shouldn't be sure Kavanaugh will derail ACA (Law360)
Mon., Jul. 16, 2018Op-ed: Conservatives, don't put too much hope in the next justice (The New York Times)
Mon., Jul. 2, 2018They fought over the last Obamacare lawsuit, but they agree this one is nonsense (Huffington Post)
Thu., Jun. 14, 2018Gay wedding cakes and obstructing justice (Richmond's Morning News - 1140 WRVA-AM)
Tue., Dec. 5, 2017A less corrupt term (First Things)
Sun., Oct. 1, 2017What Virginia law says about removing Richmond's Confederate statues (CBS6)
Thu., Aug. 17, 2017The life and legacy of John Marshall (AudioBoom)
Thu., May. 25, 2017Trump travel ban in court on Monday: what can you expect? (NBC12)
Wed., May. 3, 2017Trump administration files notice to appeal Maryland ruling on revised travel ban (Chicago Tribune)
Fri., Mar. 17, 2017Department of Justice sues Culpeper for denying mosque permit (WVTF Public Radio)
Tue., Dec. 13, 2016'Jackie' deposition expected to play role during two-week trial (The Daily Progress)
Sun., Oct. 16, 2016Former law clerk remembers Justice Antonin Scalia as demanding boss, family man (NewsWorks)
Mon., May. 2, 2016Op-ed: McAuliffe's clever execution ploy would create bad law (Richmond Times-Dispatch)
Tue., Apr. 19, 2016Legal scholars weigh in on abortion safety regulations before Supreme Court (Life Site News)
Thu., Mar. 3, 2016University of Richmond law professor reflects on lessons from Justice Scalia (NBC12)
Thu., Feb. 18, 2016For Antonin Scalia, faith and work did not conflict (Catholic News Agency)
Mon., Feb. 15, 2016Circuit court says nuns have to sign form to provide contraception (Zenit)
Wed., Jul. 15, 2015Supreme Court justices stop playing nice (Politico)
Fri., Jun. 26, 2015Gay marriage ruling a foregone conclusion? (Politico)
Tue., Apr. 28, 2015The glass house in Richmond (HamptonRoads.com)
Sun., Apr. 5, 2015Podcast: The Constitutional Debate over RFRA Laws (Yahoo News)
Thu., Apr. 2, 2015Against Lethal Injection Secrecy in Virginia (Richmond Times Dispatch)
Sat., Feb. 14, 2015Face of Supreme Court case hates Obama, Obamacare (Politico.com)
Fri., Feb. 6, 2015Attorney in Hobby Lobby case will lecture (The Hutchinson News)
Wed., Aug. 27, 2014Obamacare Just Got Dealt An Incredible Blow; Here's What Could Happen Next (Business Insider, Yahoo! Finance)
Wed., Jul. 23, 2014Ruling on contraceptives deals setback to health law (Richmond Times-Dispatch)
Mon., Jun. 30, 2014Court to hear gay marriage ban arguments today (The Virginian-Pilot, FindLaw)
Tue., May. 13, 2014Little Sisters of the Poor Ask Appeals Court to Protect Them From Obamacare HHS Mandate (LifeNews.com)
Mon., Feb. 24, 2014Little Sisters Continue Legal Fight Against HHS Mandate (National Catholic Register)
Wed., Jan. 29, 2014Chesterfield couple at center of Virginia marriage equality fight (NBC 12)
Fri., Jan. 24, 2014Supreme Court Takes Up Controversial Abortion Protest Case (KNEB)
Wed., Jan. 15, 2014Nuns Claim US Is 'Blind' to Obamacare Contraceptive Implications (Yahoo! Good Morning America)
Mon., Jan. 6, 2014Ruling by Supreme Court Justice Sotomayor sets off another battle over Obamacare (The Washington Times, GOPUSA)
Wed., Jan. 1, 2014Abp. Lori urges 'creative resistance' to HHS mandate (The Catholic Virginian)
Mon., Nov. 11, 2013Supreme Court asked to revive Virginia's anti-sodomy law (The Washington Post)
Sun., Aug. 18, 2013John Roberts, the high court's chief peacemaker (Politico)
Thu., Jun. 27, 2013The DOMA decision ripple effect (Politico)
Wed., Jun. 26, 2013Supreme Court rules Va. can deny out-of-state FOIA use (Richmond Times-Dispatch)
Tue., Apr. 30, 2013Will Supreme Court punt on gay marriage? (Politico)
Tue., Mar. 26, 2013FOIA case with Henrico roots heads to Supreme Court (Richmond Times-Dispatch)
Mon., Feb. 18, 2013Is the 4th Circuit veering back to the center? (NC Policy Watch)
Wed., Feb. 13, 2013Debate continues on birth control insurance (Rappahannock News)
Tue., Feb. 12, 2013Live Updates: Inauguration Day 2013 (ABC News)
Mon., Jan. 21, 2013Full House to vote on local gay judge (Richmond Times-Dispatch and Individual.com)
Tue., Jan. 15, 2013SCOTUS orders appeals court to hear Liberty University health care lawsuit (Politico)
Mon., Nov. 26, 20124th Circuit shedding conservative reputation (Richmond Times-Dispatch)
Mon., Nov. 19, 2012Justice Elena Kagan: Overlooked turncoat on health care law? (Politico)
Thu., Jul. 5, 2012Supreme Court healthcare ruling leaks have DC buzzing: Who is the culprit? (The Hill)
Wed., Jul. 4, 2012Experts eat crow after healthcare ruling (The Hill)
Sat., Jun. 30, 2012Roberts Straddles Ideological Divide (The Wall Street Journal and FOX 10 Phoenix)
Thu., Jun. 28, 2012Roberts's health ruling seen as tactical (The Hill)
Thu., Jun. 28, 2012Overnight Health: Supreme Court to rule Thursday (The Hill)
Mon., Jun. 25, 2012How the Sausage Is Made (National Journal)
Thu., Jun. 7, 2012Congress Gets Rough Treatment at Supreme Court (Bloomberg Businessweek, CBS News, and The Huffington Post)
Sat., Mar. 31, 2012Supreme Court Takes Up Healthcare in Secrecy (Chicago Tribune)
Fri., Mar. 30, 2012Legal experts say court likely to uphold health law (Politico)
Thu., Mar. 22, 2012Politico's Pro Health Care Breakfast Briefing (Politico)
Thu., Mar. 22, 2012Pennsylvania Lawmakers Mine Discontent on Health-Care Law (Bloomberg Businessweek)
Tue., Mar. 20, 2012Health law faces its biggest test (Politico)
Sun., Mar. 11, 2012Religious liberty and Obama's retreat (Richmond Times Dispatch)
Sun., Feb. 12, 2012New Lawsuit Challenges Obama Contraception Rule (ABC News)
Thu., Feb. 9, 2012Doomsday forecasts aside, changes coming in 2012 (Richmond Times-Dispatch)
Sun., Jan. 1, 2012