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).

Without Evidence: Joel Richard Paul's John Marshall, Law and Liberty (December 2018).

Beveridge Loved It; Roane Hated It; Few Today Understand McCulloch Properly, Building Blocks For Liberty (March 2019).

The New Anti-Catholicism, First Things (January 2019).

Health Care: Why Jurisdiction Matters, 24 Richmond Law 17 (2011).

Opinion: Convervatives, Don't Put Too Much Hope in the Next Justice, The New York Times (with Marc DeGirolami) (July 2018).

Everything But the Merits: Analyzing the Procedural Aspects of the Healthcare Litigation Allen Chair Symposium University of Richmond Law Review (November 2011).