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 Kevin C. Walsh
Kevin C. Walsh
Professor of Law
Courses Taught Constitutional Jurisprudence Constitutional Law Federal Courts First Amendment Law

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.

Presenter, "John Marshall: Hidden Hero of National Union," Hail to the Chief Justice: An Exploration of the Evolution of the Supreme Court, Christopher Newport University, Newport News, Virginia (Oct. 2018).
Presenter, "Supreme Court Review, Civil Cases OT 2017," Law Clerk & Staff Training, Supreme Court of Virginia and Court of Appeals of Virginia, Richmond (Aug. 2018).
Commentator, "Revisiting Contempt: Congress' Arrest Power and the Limits of Liquidation," Junior Scholars Colloquium, Federalist Society, Annapolis (June 2018).
Presenter, "Supreme Court Review: October Term 2017," Judicial Conference of Virginia, Roanoke (May 2018).
Presenter, "Religious Liberty at a Crossroads: An Assessment from Recent Cases," Religious Liberty at a Crossroads: Legal Perspectives, Thomas More College, Institute for Religious Liberty, Crestview Hills, Kentucky (Jan. 2018).

Presenter, "The King of Crimes: The Treason Trial of Aaron Burr," John Marshall Foundation, Richmond (Jan. 2018).

Presenter, Supreme Court Review & Preview, Chesterfield County Republican Committee (Oct. 2017).
Presenter, "John Marshall's Legacy," John Marshall Foundation, Washington, D.C. (Oct. 2017).

Presenter, "John Marshall: Hidden Hero of American Self-Government," Hampton Roads Federal Bar Association, Norfolk, VA (March 2017), University of Richmond Law School (June 2017, October 2017, November 2017), and l'Anson Hoffman Inn of Court, Williamsburg, VA (Oct. 2017).

Panelist, "International and Comparative Law as a Source for Judicial Decisions," The Honourable Society of the Middle Temple, Washington, D.C. (Sept. 2017).
Presenter, Supreme Court Review & Preview, Rotary Club of West Richmond (Aug. 2017).
Presenter, "The Limits of Reading Law in the Affordable Care Act Cases," Federal Courts Symposium, University of Notre Date Law School (Feb. 2017).

Co-presenter, "Tradition and Constitutional Law," The Tradition Project at the Center for Law & Religion, St. John's University School of Law, N.Y. (Oct. 2016).

Presenter, "Hidden Heroism: Self-Help for Self-Government from the Study of John Marshall," James Madison University of Richmond Chapter of Phi Delta Phi (Oct. 2016).

Presenter, "Supreme Court Review," 2016 Law Clerks' Conference, Court of Appeals of Virginia (Aug. 2016).

Presenter, "RFRA Laws and the Constitution," 11th Annual NAACA Conference, Philadelphia (June 2016).

Presenter, "Supreme Court Review," Rotary Club of West Richmond (June 2016).

Presenter, "Dignitary Harm, Religious Institutions, and the New Establishment," Alliance Defending Freedom Summer Academy, Maui, HI (June 2016).

Commentator, "The Past and Future of Religious Free Exercise," Federalist Society, San Francisco (June 2016).

Presenter, "John Marshall Day," The John Marshall Foundation, Richmond (May 2016).

Presenter, "The Unsung Heroism of John Marshall," Tax Court Judicial Conference, Williamsburg, Va. (April 2016).

Debater, "Judicial Departmentalism," Judicial Supremacy v. Departmentalism Law Review Symposium, William & Mary Law School, Williamsburg (Feb. 2016).

Presenter, "Enduring Originalism," Originalism Works-in-Progress Conference of the Center for the Study of Constitutional Originalism, University of San Diego School of Law (Feb. 2016).

Presenter, "Religious Responses to Same-Sex Marriage," AALS Annual Conference/Law & Religion Section, New York (Jan. 2016).

“Personal Foundations of Professional Excellence in the Law: Some Insights from John Marshall, Military Officer," University of Richmond School of Law (Oct. 2015).

"Supreme Court Review: October Term 2014," Judicial Conference of Virginia, Richmond (May 2015).

"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, UC Hastings College of the Law, San Francisco, CA. (Feb. 2009).

"Partial Unconstitutionality," Junior Faculty Workshop, Villanova University School of Law, Villanova, PA.

Bar Admissions
U.S. Courts of Appeals for the Fourth and Sixth Circuits
United States District Court for the Eastern District of Virginia
Professional Experience
Professor of Law (2015-present)
University of Richmond School of Law, Richmond, Va.
Associate Professor of Law (2012-15)
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

The "Irish Born" One American Citizenship Amendment, 15 Duke J. of Const. L. & Pub. Pol’y 57 (2018).

Judicial Departmentalism: An Introduction, 58 Wm. & Mary L. Rev. 1713 (2017).

Enduring Originalism, 105 Geo. L. J. 97 (with Jeffrey Pojanowski) (2017).

Glimpses of John Marshall, 50 U. Rich. L. Rev. 69 (2016).

Observations on MacDonald v. Moose, 65 S.C. L. Rev. 951 (2014).

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

The Ghost that Slayed the Mandate, 64 Stan. L. Rev. 64 (2012). 

Partial Unconstitutionality, 85 N.Y.U. L. Rev. 738 (2010).

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

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]

Additional Publications

Kennedy's Last Term, First Things (2018).

Severability, Separation of Powers, and Agency Design, 2018 Jotwell (Dec. 2018).

A Less Corrupt Term, Supreme Court Round-up for OT 2016, First Things (with Marc DeGirolami) (Oct. 2017).

The Court After Scalia, First Things (2016).

In the News

Hidden No More (Richmond Magazine)
Tue., Feb. 19, 2019

The awesomeness of Sen. Marie Hirono is why immigrants should be allowed to run for president (The Inquirer)
Thu., Oct. 4, 2018

Trump shouldn't be sure Kavanaugh will derail ACA (Law360)
Mon., Jul. 16, 2018

Op-ed: Conservatives, don't put too much hope in the next justice (The New York Times)
Mon., Jul. 2, 2018

They fought over the last Obamacare lawsuit, but they agree this one is nonsense (Huffington Post)
Thu., Jun. 14, 2018

Gay wedding cakes and obstructing justice (Richmond's Morning News - 1140 WRVA-AM)
Tue., Dec. 5, 2017

A less corrupt term (First Things)
Sun., Oct. 1, 2017

In haranguing nominee's faith, Democrats creates new SCOTUS contender
Sun., Sep. 10, 2017

What Virginia law says about removing Richmond's Confederate statues (CBS6)
Thu., Aug. 17, 2017

The life and legacy of John Marshall (AudioBoom)
Thu., May. 25, 2017

Trump travel ban in court on Monday: what can you expect? (NBC12)
Wed., May. 3, 2017

Trump administration files notice to appeal Maryland ruling on revised travel ban (Chicago Tribune)
Fri., Mar. 17, 2017

Department 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, 2016

Former law clerk remembers Justice Antonin Scalia as demanding boss, family man (NewsWorks)
Mon., May. 2, 2016

Op-ed: McAuliffe's clever execution ploy would create bad law (Richmond Times-Dispatch)
Tue., Apr. 19, 2016

Legal experts say the fate of North Carolina's new law governing restroom use by transgender students could be determined by a federal appellate ruling expected any day now in a Virginia case (AP, via U.S. News)
Thu., Mar. 31, 2016

Legal scholars weigh in on abortion safety regulations before Supreme Court (Life Site News)
Thu., Mar. 3, 2016

University of Richmond law professor reflects on lessons from Justice Scalia (NBC12)
Thu., Feb. 18, 2016

For Antonin Scalia, faith and work did not conflict (Catholic News Agency)
Mon., Feb. 15, 2016

Circuit court says nuns have to sign form to provide contraception (Zenit)
Wed., Jul. 15, 2015

Supreme Court justices stop playing nice (Politico)
Fri., Jun. 26, 2015

After Confederate flag decision, will other license plate bans follow?
Wed., Jun. 24, 2015

Gay marriage ruling a foregone conclusion? (Politico)
Tue., Apr. 28, 2015

Podcast: The Constitutional Debate over RFRA Laws (Yahoo News)
Thu., Apr. 2, 2015

The glass house in Richmond (
Sun., Apr. 5, 2015

Against Lethal Injection Secrecy in Virginia (Richmond Times Dispatch)
Sat., Feb. 14, 2015

Face of Supreme Court case hates Obama, Obamacare (
Fri., Feb. 6, 2015

Attorney in Hobby Lobby case will lecture (The Hutchinson News)
Wed., Aug. 27, 2014

Obamacare Just Got Dealt An Incredible Blow; Here's What Could Happen Next (Business Insider, Yahoo! Finance)
Wed., Jul. 23, 2014

Ruling on contraceptives deals setback to health law (Richmond Times-Dispatch)
Mon., Jun. 30, 2014

Court to hear gay marriage ban arguments today (The Virginian-Pilot, FindLaw)
Tue., May. 13, 2014

Little Sisters of the Poor Ask Appeals Court to Protect Them From Obamacare HHS Mandate (
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
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

A.B., Dartmouth College 1998
M.A., University of Notre Dame 1999
J.D., Harvard Law School 2002
Contact Information
Room 209, Law School
(804) 287-6018
(804) 289-8992 (Fax)
Areas of Expertise
Federal Courts
Constitutional Law
The U.S. Supreme Court