Kevin Walsh

School

  • Columbus School of Law
  • Expertise

  • Federal Jurisdiction
  • Constitutional Law
  • The U.S. Supreme Court
  • Kevin C. Walsh is a professor at The Catholic University of America Columbus School of Law, and co-director of the Law School’s Project on Constitutional Originalism and the Catholic Intellectual Tradition. Professor Walsh teaches federal courts, constitutional law, torts, agency and partnership, and a seminar on law in the Catholic intellectual tradition.

    Professor Walsh’s scholarship focuses on doctrines that define the scope of federal judicial power, and has appeared in the Georgetown Law Journal, Stanford Law Review, New York University Law Review, and the Notre Dame Law Review, among other venues.

    Prior to joining Catholic Law, Professor Walsh taught at the University of Richmond School of Law for thirteen years. He previously practiced law at Hunton & Williams LLP. Professor Walsh clerked for Justice Antonin Scalia on the Supreme Court of the United States and for Judge Paul V. Niemeyer on the United States Court of Appeals for the Fourth Circuit. He is a graduate of Harvard Law School, the University of Notre Dame, and Dartmouth College.

     

    Professional Research and Writing

    Representative Publications

    Kevin C. Walsh, Statutory Jurisdiction and Constitutional Orthodoxy in McCulloch, Cohens, and Osborn, 19 Geo. J. L. & Pub. Pol’y 73 (2021).

    Kevin C. Walsh, Without Evidence: Joel Richard Paul's John Marshall (book review), Law and Liberty (2018).

    Kevin C. Walsh, Originalist Law Reform, Judicial Departmentalism, and Justice Scalia, 84 University of Chicago Law Review 2311 (2017).

    Kevin C. Walsh, Judicial Departmentalism: An Introduction, 58 William & Mary Law Review 1715 (2017).

    Jeffrey A. Pojanowski & Kevin C. Walsh, Enduring Originalism, 105 Georgetown Law Journal 97 (2016).

    Kevin C. Walsh, 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).

    Additional Publications

    Kevin C. Walsh, Beveridge Hated It; Roane Loved It; Few Today Understand McCulloch Properly, Law and Liberty (2019).

    Kevin C. Walsh, Severability, Separation of Powers, and Agency Design, JOTWELL: The Journal of Things We Like (Lots) (2018)

    Kevin C. Walsh, The “Irish Born” One American Citizenship Amendment, 13 Duke Journal of Constitutional Law and Public Policy 57 (2018).

    Marc O. DeGirolami & Kevin C. Walsh, Kennedy’s Last Term: A Report on the 2017–2018 Supreme Court, First Things (2018).

    Marc O. DeGirolami & Kevin C. Walsh, Opinion: Conservatives, Don't Put Too Much Hope in the Next Justice, The New York Times (2018).

    Kevin C. Walsh, The Limits of Reading Law in the Affordable Care Act Cases, 92 Notre Dame Law Review 1997 (2017).

    Kevin C. Walsh, Adversity and Non-Contentiousness, JOTWELL: The Journal of Things We Like (Lots) (2017).

    Marc O. DeGirolami & Kevin C. Walsh, A Less Corrupt Term, Supreme Court Roundup for OT 2016, First Things (2017).

    Kevin C. Walsh, Equity, the Judicial Power, and the Problem of the National Injunction, JOTWELL: The Journal of Things We Like (Lots) (2016).

    Kevin C. Walsh, In the Beginning, There Was None: Supreme Court Review of State Criminal Prosecutions, 90 Notre Dame Law Review 1867 (2015).

    Kevin C. Walsh, Expanding Our Understanding of Narrowing Precedent, JOTWELL: The Journal of Things We Like (Lots) (2015).

    Marc O. DeGirolami & Kevin C. Walsh, Judge Posner, Judge Wilkinson, and Judicial Critique of Constitutional Theory, 90 Notre Dame Law Review 433 (2014).

    Kevin C. Walsh, Observations on MacDonald v. Moose, South Carolina Law Review (2014).

    Kevin C. Walsh, Building the Federal Judiciary, JOTWELL: The Journal of Things We Like (Lots) (2013).

    Kevin C. Walsh, Posner on Realist Judging, JOTWELL: The Journal of Things We Like (Lots) (2013).

    Kevin C. Walsh, There Is No New General Common Law of Severability, Texas Law Review See Also (2013).

    Kevin C. Walsh, The Anti-Injunction Act, Congressional Inactivity, and Pre-Enforcement Challenges to Section 5000A of the Tax Code, Richmond Law Review (2012).

    Kevin C. Walsh, The Ghost that Slayed the Mandate, Stanford Law Review (2012).

    Kevin C. Walsh, Procedural Values and the Mechanics of Federal Appeals, JOTWELL: The Journal of Things We Like (Lots) (2011).

    Kevin C. Walsh, Partial Unconstitutionality, New York University Law Review (2010).

    Kevin C. Walsh, Frames of Reference and the ‘Turn to Remedy’ in Facial Challenge Doctrine, Hastings Constitutional Law Quarterly (2009)

    Kevin C. Walsh, Note, The Science, Law, and Politics of Fetal Pain Legislation, Harvard Law Review (2002).

    Kevin C. Walsh, Case Comment, INS v. St. Cyr, Harvard Law Review (2001).

    Kevin C. Walsh, Recent Case, KDM ex rel. WJM v. Reedsport School District, Harvard Law Review (2001).

    Professional Affiliations
    • Fourth Circuit Judicial Conference, Permanent Member
    • Virginia State Bar, Member (Active)
    • Maryland State Bar, Member (Inactive)
    • Supreme Court of the United States, Admitted to Practice
    • United States Court of Appeals for the Fourth Circuit, Admitted to Practice
    • United States Court of Appeals for the Sixth Circuit, Admitted to Practice
    • United States District Court for the Eastern District of Virginia, Admitted to Practice