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John C. Eastman
Dr. John C. Eastman is a Senior Fellow at the Claremont Institute and Founding Director of the Claremont Institute’s Center for Constitutional Jurisprudence. He previously served as the Henry Salvatori Professor of Law & Community Service at Chapman University’s Dale E. Fowler School of Law, and as the school’s Dean from 2007 to 2010.
Dr. Eastman received his B.A. from the University of Dallas, and an M.A. and Ph.D. in Government from Claremont Graduate School. He completed his studies at the University of Chicago Law School, earning his J.D. in 1995 and immediately took a position clerking for Judge Michael Luttig in the U.S. Court of Appeals for the Fourth Circuit. From 1996 to 1997 he served as a law clerk with the Honorable Justice Clarence Thomas in the United States Supreme Court. After concluding his clerkships, Dr. Eastman took a position with Kirkland & Ellis in Los Angeles until 1999.
Upon leaving Kirkland & Ellis, Dr. Eastman took up his teaching post at Chapman University. He also founded the Center for Constitutional Jurisprudence in 1999, and has served as its Director since that time.
Dr. Eastman is a member of the board of the Claremont Institute and the Public Interest Legal Foundation. He has previously served as the chairman of the board of the National Organization for Marriage and as Chairman of the Federalist Society’s Federalism & Separation of Powers practice group. He is on the Advisory Board for the St. Thomas More Society of Orange County and St. Monica’s Academy. He was recognized by Chapman University as Professor of the Year (2002) and for Faculty Excellence in Scholarly and Creative Activity (2013). Additionally, he received the St. Thomas More Award from Franciscan University (2010) and the J. Reuben Clark Award from the J. Reuben Clark Society of Orange County (2010).
Dr. Eastman is a prolific author, and co-author of a constitutional law textbook, The American Constitutional Order: History, Cases, and Philosophy, 4th Edition (LexisNexis, 2014). A selection of his scholarly publications include “Live by the Executive Pen, Die by the Executive Pen?”, in the Drake Law Review (2017);
“The President’s Pen and the Bureaucrat’s Fiefdom,” in the Harvard Journal of Law & Public Policy (2017); “No Free Lunch, But Dinner and a Movie (and Contraceptives for Dessert)?” in the New York University Journal of Law & Liberty (2016); “Cheating Marriage: A Tragedy in Three Acts,” in the Ave Maria Law Review (Summer 2015); “From Plyler to Arizona: Have the Courts Forgotten about Corfield v. Coryell?” in the University of Chicago Law Review (2013); “The Moral Conditions of Liberty” in Freedom and the Rule of Law (2009); and “Judicial Review of Unenumerated Rights: Does Marbury’s Holding Apply in a Post-Warren Court World?” in the Harvard Journal of Law & Public Policy (2005).
Dr. Eastman has been invited several times to address various committees of Congress, on topics including the Fourteenth Amendment’s limited grant of birthright citizenship, President Obama’s Executive Order on Immigration, and the IRS’s felonious disclosure of tax returns.
In the courtroom, Dr. Eastman has represented twenty parties before the Supreme Court of the United States, including former President Donald Trump. He has also represented amici curiae (friends of the Court) in over 200 cases before the Supreme Court in cases such as Burwell v. Hobby Lobby Stores (2014), Conestoga Wood Specialties Corp. v. Burwell (2014), Harris v. Quinn (2014), National Labor Relations Board v. Noel Canning (2014), National Federation of Independent Business v. Sebelius (2012), Gonzales v. Carhart (2007), and Boy Scouts of America v. Dale (2000).
Dr. Eastman has appeared on ABC, NBC, CBS, Fox News, CNN, BBC World News, and PBS. His writings and commentary on the courts and the constitution have appeared in the New York Times, Wall Street Journal, Washington Post, Los Angeles Times, National Review, the Economist, the Atlantic, Slate, the National Catholic Register, and the ABA Journal.
Articles by John C. Eastman
John C. Eastman responds to Joseph M. Bessette’s examination of Eastman’s post-election memoranda.
Antonin Scalia's lasting effect on jurisprudence.
The Court Will Consider Justice Scalia’s Invitation, Posthumously
A full reconsideration of Auer is now on the Supreme Court’s docket.
The President’s Power to Keep Congress at Work
It might be time to cancel the Senate's August recess.
The Supreme Court vs. The Wild, Wild, West
The 9th Circuit is out on a lawless limb.
The Self-Perpetuating Swamp
The progressive movement's longstanding goal is to create governing agencies that are not accountable to elected officials.
Misdirection by Indictment?
Mueller, Manafort, and Podesta.
The accusations against Trump Jr. are laughably erroneous.
The Politics of Personal Destruction
Calls for civility fall on deaf ears.
President Trump, Meet the Real President Jackson
President Trump, Meet the Real President Jackson
The Constitutionalist Revolution
Washington still doesn't get it.
Abood: The Ghoul Lives to See Another Day
Justice Scalia's absence from the Supreme Court is keenly felt.
Justice Antonin Scalia RIP
John C. Eastman remembers Justice Antonin Scalia.
John C. Eastman and Linda Chavez discuss the 14th Amendment and birthright citizenship.
President Obama is advancing his radical gun-control agenda with nothing more than his executive pen.
Can the States Prevent Immigration of Potential Jihadists? Lessons from the Import-Export Clause
Why Not Choose a Rhinoceros to be Speaker?
Think just anyone can be Speaker of the House? Think again
Down to the Bare Wood
Understanding Clarence Thomas is Ralph Rossum's second study of the jurisprudence of "originalist" Justices on the Supreme Court.
Restoring the general to the general welfare clause
We are a religious people…
We are a religious people.
Judicial review of unenumerated rights
Writ of Error
A review of The Conservative Assault on the Constitution, by Erwin Chemerinsky
Kennedy’s Partial Birth Abortion Decision Invites Long-Overdue Dialogue
John C. Eastman discusses the Supreme Court's decision upholding the 2003 Partial-Birth Abortion Ban Act.
Be Very Wary of Restricting President’s Power
John C. Eastman discusses the Commander in Chief clause and the inherent power of Presidents to conduct surveillance of enemy communications when they are most critically needed.
Examining Justice Clarence Thomas's jurisprudential philosophy.
The lesson drawn by Judge Noon is that the Court should more or less abdicate its responsibility for enforcing the Constitution's limits.