Judge, United States Court of Appeals, Ninth Circuit
Judge Carlos Bea serves as a judge on the United States Court of Appeals for the Ninth Circuit. He received his Bachelor's Degree from Stanford University in 1956 and his J.D. from Stanford Law School in 1958. Judge Bea was born in San Sebastian, Spain, and immigrated with his family to Cuba in 1939. In 1952, he represented Cuba on the Cuban National basketball team in the Helsinki Olympics. Judge Bea became a naturalized citizen of the United States in 1958. He engaged in private practice in San Francisco, principally in the area of civil trials (jury and non-jury), from 1959-75 at Dunne, Phelps & Mills and from 1975-90 at Carlos Bea, A Law Corporation. He taught courses in civil litigation advocacy at Hastings College of Law and Stanford Law School. From 1990 to 2003, Judge Bea served as a judge of the San Francisco Superior Court. He was nominated by President George W. Bush to the United States Court of Appeals for the Ninth Circuit and was confirmed in 2003.
Judge Bea and his wife Louise reside in San Francisco, where they raised their four sons, Sebastian, Alexander, Nicholas, and Dominic.
Garwood Visiting Professor and Visiting Fellow, James Madison Pr, Cleveland-Marshall College of Law
David F. Forte is Professor of Law at Cleveland State University, where he was the inaugural holder of the Charles R. Emrick, Jr.- Calfee Halter & Griswold Endowed Chair. This fall, Professor Forte will be the Garwood Visiting Professor at Princeton University in the Department of Politics, and Visiting Fellow at the James Madison Program in American Ideals and Institutions. He holds degrees from Harvard College, Manchester University, England, the University of Toronto and Columbia University.
During the Reagan administration, Professor Forte served as chief counsel to the United States delegation to the United Nations and alternate delegate to the Security Council. He has authored a number of briefs before the United States Supreme Court, and has frequently testified before the United States Congress and consulted with the Department of State on human rights and international affairs issues. His advice was specifically sought on the approval of the Genocide Convention, on world-wide religious persecution, and Islamic extremism. He has appeared and spoken frequently on radio and television, both nationally and internationally. In 2002, the Department of State sponsored a speaking tour for Professor Forte in Amman, Jordan, and he was also a featured speaker to the Meeting of Peoples in Rimini, Italy, a meeting which gathers over 500,000 people from all over Europe. He has also been called to testify before the state legislatures of Ohio, Kansas, and Idaho as well as the New York City Council. He has assisted in drafting a number of pieces of legislation for the Ohio General Assembly dealing with abortion, international trade, and federalism. He has sat as acting judge on the municipal court of Lakewood Ohio and was chairman of Professional Ethics Committee of the Cleveland Bar Association. He has received a number of awards for his public service, including the Cleveland Bar Association’s President’s Award, the Cleveland State University Award for Distinguished Service, the Cleveland State University Distinguished Teaching Award, and the Cleveland-Marshall College of Law Alumni Award for Faculty Excellence. He served as Consultor to the Pontifical Council for the Family under Pope St. John Paul II and Pope Benedict XVI. In 2003, Dr. Forte was a Distinguished Fulbright Chair at the University of Trento and returned there in 2004 as a Visiting Professor. For the academic year, 2008-2009, Professor Forte was Senior Visiting Scholar at the Center for the Study of Religion and the Constitution in at the Witherspoon Institute in Princeton, New Jersey. He was the Robert E. Henderson Constitution Day Lecturer at the Ashbrook Center at Ashland University, and he has given over 300 invited addresses and papers at more than 100 academic institutions. His work has been cited by the U.S. Supreme Court.
Professor Forte was a Bradley Scholar at the Heritage Foundation, and Visiting Scholar at the Liberty Fund. He has been President of the Ohio Association of Scholars, was on the Board of Directors of the Philadelphia Society, and is also adjunct Scholar at the Ashbrook Center. He has been appointed to the Ohio State Advisory Committee to the U.S. Commission on Civil Rights. He has also been a Civil War re-enactor and a Merit Badge Counselor for the Boy Scouts.
He writes and speaks nationally on topics such as constitutional law, religious liberty, Islamic law, the rights of families, and international affairs. He served as book review editor for the American Journal of Jurisprudence and has edited a volume entitled, Natural Law and Contemporary Public Policy, published by Georgetown University Press. His book, Islamic Law Studies: Classical and Contemporary Applications, has been published by Austin & Winfield. He is Senior Editor of The Heritage Guide to the Constitution (2006), 2d edition (2014), published by Regnery & Co, a clause by clause analysis of the Constitution of the United States.
His teaching competencies include Constitutional Law, the First Amendment, Islamic Law, Jurisprudence, Natural Law, International Law, International Human Rights, the Presidency, and Constitutional History.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Dahr Jamail, Randall Hage Jamail and Robert Lee Jamail Regents C, University of Texas School of Law
Professor Rabban served as counsel to the American Association of University Professors for several years before joining the Texas faculty in 1983. He served as General Counsel of the AAUP from 1998 to 2006 and Chair of its Committee on Academic Freedom and Tenure from 2006 to 2012. His teaching and research focus on labor law, higher education and the law, and American legal history. He is best known for his path-breaking work on free speech in American history. He is the author of Free Speech in Its Forgotten Years, 1870-1920 (Cambridge,1997), which received the Forkosch Prize from the Journal of the History of Ideas for "the best book in intellectual history published in 1997." His many articles have appeared in Yale Law Journal, Stanford Law Review, University of Chicago Law Review and elsewhere. He was a fellow at the Woodrow Wilson International Center for Scholars in Washington, D.C. in 1994-95, and has also been a Visiting Professor at the University of Michigan Law School. His most recent book is Law's History: American Legal Thought and the Transatlantic Turn to History.
John Marshall Harlan II Professor of Law Emerita, New York Law School; Former President, American Civil Liberties Union
Nadine Strossen, New York Law School Professor Emerita and Senior Fellow at FIRE (the Foundation for Individual Rights and Expression), was national President of the American Civil Liberties Union from 1991 to 2008. An internationally acclaimed free speech scholar and advocate, who regularly addresses diverse audiences and provides media commentary around the world, Strossen is also the Host and Project Consultant for Free To Speak, a 3-hour documentary film series distributed on public television in 2023. Her books about free speech include: Free Speech: What Everyone Needs to Know® (Oxford University Press 2023); HATE: Why We Should Resist It with Free Speech, Not Censorship (Oxford University Press 2018); and Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights (Scribner 1995), which was republished with a new Preface in 2024 as part of the NYU Classics Series. Her many honors and awards include the National Coalition Against Censorship’s Judy Blume Lifetime Achievement Award for Free Speech. She serves on the Advisory Boards of several organizations that do free speech work, including: ACLU, Academic Freedom Alliance, Foundation Against Intolerance and Racism (FAIR), Heterodox Academy, National Coalition Against Censorship, and the University of Austin.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Professor of Law, LMU Loyola Law School (Los Angeles)
After graduating from the University of Michigan Law School, Aaron Caplan clerked for the Honorable Betty Binns Fletcher, United States Court of Appeals for the Ninth Circuit. From 1992 to 1998, he worked in the Seattle office of Perkins Coie, where his practice included intellectual property matters and other types of commercial litigation. He also maintained an active pro bono practice that included capital habeas corpus, asylum, death with dignity, and freedom of speech.
In 1998, Caplan became the first full-time staff attorney in more than 20 years for the American Civil Liberties Union of Washington, where his practice included freedom of speech, freedom of religion, gay rights, prisoner's rights, access to government documents and much more. At the ACLU, his litigation included some of the nation’s first decisions on the free speech rights of public school students on the Internet, the first challenge to the federal No Fly List, and the first decision to order the reinstatement of a gay officer discharged under the Don't-Ask-Don't-Tell statute. Professor Caplan joined the Loyola Law School faculty in 2008.
Professor of Law, Catholic University of America
Robert Destro served as Assistant Secretary for the Bureau of Democracy, Human Rights, and Labor (DRL). He has a long history as a human rights advocate and civil rights attorney with expertise in elections, employment, and constitutional law. Destro has served on the faculty at Catholic University’s Columbus School of Law since 1982 and served as its interim dean from 1999 to 2001. He was founding director of the Interdisciplinary Program in Law and Religion and served as the Director of the Institute for Policy Research and Catholic Studies from June 2017 to September 2019. He served as a commissioner on the U.S. Commission on Civil Rights from 1983-1989. His legal work includes collaboration with the Peace Research Institute Oslo in a fifteen-year dialogue among Muslim, Christian, and Jewish leaders in the legal, business, and religious fields in the United States and the Middle East as well as efforts promoting the release of political prisoners and prisoners of conscience in the Middle East. He has served as voting rights counsel for the Ohio Secretary of State and has advocated for the first amendment rights of individuals and organizations.
He earned a B.A. from Miami University, Ohio, and a J.D. from the University of California at Berkeley. He is an active member of the Bar in Ohio and California.
The rest of his bio including his publications are available on the Catholic University Faculty page linked here.
Partner, Graves Garrett LLC
Todd Graves is a lawyer in private practice with the law firm of Graves Garrett. Todd represents individuals and businesses nationwide before federal and state courts and administrative agencies. His areas of expertise include white collar criminal defense, political speech and election law, internal investigations, regulatory compliance, and complex commercial litigation. Todd is admitted to the United States Supreme Court, the Missouri Bar, the Kansas Bar, the Texas Bar, the Iowa Bar, the Federal Courts of Appeals for the Tenth Circuit, the Eighth Circuit and the Sixth Circuit, and the Federal District Courts for the Western District of Missouri, Eastern District of Missouri, the District of Kansas, and the Western District of Michigan.
Todd currently serves as Executive Vice-President of the Pony Express Council of the Boy Scouts of America. He is a member of the Board of Directors of the American Royal Association and a founding board member of the Kansas City Missouri Police Foundation.
Before forming Graves Garrett, Todd served as the United States Attorney for the Western District of Missouri. As United States Attorney, Todd was responsible for prosecuting federal crimes including mail and wire fraud, money laundering, public corruption, health care fraud, child pornography, firearms violations, narcotics trafficking, pharmaceutical diversion, corporate fraud, and terrorism financing. During Graves’ tenure, felony filings doubled.
In addition, Todd was responsible for defending civil lawsuits brought against the United States, handling federal forfeiture actions, and collecting debts and restitution. Todd managed a staff of 120 with headquarters in Kansas City and two branch offices.
Todd also served as a member of the Attorney General’s Advisory Committee, advising the Attorney General on Department of Justice national priorities and policies. Todd participated in drafting Department of Justice policies in corporate investigations including charging, pre-trial diversion, and sentencing. Todd was also a member of the national Executive Working Group, which includes six Department of Justice officials, six state attorneys general, and six district attorneys.
Todd was appointed United States Attorney from his position as Platte County Prosecuting Attorney, an office to which he was elected in 1994 and 1998. At the time of his election in 1994, he was the youngest full-time prosecuting attorney in Missouri. In that position, he oversaw a yearly caseload of approximately 400 felonies, 2500 misdemeanors and 14,000 traffic offenses.
As Prosecuting Attorney and as United States Attorney, Todd actively managed cases and trials under his authority and personally tried numerous jury trials to verdict, including cases of child molestation, drug distribution, murder and capital murder.
Prior to his service as Platte County Prosecuting Attorney, Todd was in private practice with the Bryan Cave law firm. Before joining Bryan Cave, he was an Assistant Attorney General for the State of Missouri.
In 1991, Todd received his law degree and a master’s degree in public administration from the University of Virginia. He received a bachelor’s degree, Summa Cum Laude, from the University of Missouri in 1988.
Raised on a family farm near Tarkio, Missouri, Todd has been married 24 years to his wife, Tracy. The couple has four children, and they reside on a 270 acre farm north of Kansas City that has been in the family since 1867.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Adjunct Professor, George Washington University Law School
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Professor of Law, LMU Loyola Law School (Los Angeles)
After graduating from the University of Michigan Law School, Aaron Caplan clerked for the Honorable Betty Binns Fletcher, United States Court of Appeals for the Ninth Circuit. From 1992 to 1998, he worked in the Seattle office of Perkins Coie, where his practice included intellectual property matters and other types of commercial litigation. He also maintained an active pro bono practice that included capital habeas corpus, asylum, death with dignity, and freedom of speech.
In 1998, Caplan became the first full-time staff attorney in more than 20 years for the American Civil Liberties Union of Washington, where his practice included freedom of speech, freedom of religion, gay rights, prisoner's rights, access to government documents and much more. At the ACLU, his litigation included some of the nation’s first decisions on the free speech rights of public school students on the Internet, the first challenge to the federal No Fly List, and the first decision to order the reinstatement of a gay officer discharged under the Don't-Ask-Don't-Tell statute. Professor Caplan joined the Loyola Law School faculty in 2008.
Professor of Law, Catholic University of America
Robert Destro served as Assistant Secretary for the Bureau of Democracy, Human Rights, and Labor (DRL). He has a long history as a human rights advocate and civil rights attorney with expertise in elections, employment, and constitutional law. Destro has served on the faculty at Catholic University’s Columbus School of Law since 1982 and served as its interim dean from 1999 to 2001. He was founding director of the Interdisciplinary Program in Law and Religion and served as the Director of the Institute for Policy Research and Catholic Studies from June 2017 to September 2019. He served as a commissioner on the U.S. Commission on Civil Rights from 1983-1989. His legal work includes collaboration with the Peace Research Institute Oslo in a fifteen-year dialogue among Muslim, Christian, and Jewish leaders in the legal, business, and religious fields in the United States and the Middle East as well as efforts promoting the release of political prisoners and prisoners of conscience in the Middle East. He has served as voting rights counsel for the Ohio Secretary of State and has advocated for the first amendment rights of individuals and organizations.
He earned a B.A. from Miami University, Ohio, and a J.D. from the University of California at Berkeley. He is an active member of the Bar in Ohio and California.
The rest of his bio including his publications are available on the Catholic University Faculty page linked here.
Partner, Graves Garrett LLC
Todd Graves is a lawyer in private practice with the law firm of Graves Garrett. Todd represents individuals and businesses nationwide before federal and state courts and administrative agencies. His areas of expertise include white collar criminal defense, political speech and election law, internal investigations, regulatory compliance, and complex commercial litigation. Todd is admitted to the United States Supreme Court, the Missouri Bar, the Kansas Bar, the Texas Bar, the Iowa Bar, the Federal Courts of Appeals for the Tenth Circuit, the Eighth Circuit and the Sixth Circuit, and the Federal District Courts for the Western District of Missouri, Eastern District of Missouri, the District of Kansas, and the Western District of Michigan.
Todd currently serves as Executive Vice-President of the Pony Express Council of the Boy Scouts of America. He is a member of the Board of Directors of the American Royal Association and a founding board member of the Kansas City Missouri Police Foundation.
Before forming Graves Garrett, Todd served as the United States Attorney for the Western District of Missouri. As United States Attorney, Todd was responsible for prosecuting federal crimes including mail and wire fraud, money laundering, public corruption, health care fraud, child pornography, firearms violations, narcotics trafficking, pharmaceutical diversion, corporate fraud, and terrorism financing. During Graves’ tenure, felony filings doubled.
In addition, Todd was responsible for defending civil lawsuits brought against the United States, handling federal forfeiture actions, and collecting debts and restitution. Todd managed a staff of 120 with headquarters in Kansas City and two branch offices.
Todd also served as a member of the Attorney General’s Advisory Committee, advising the Attorney General on Department of Justice national priorities and policies. Todd participated in drafting Department of Justice policies in corporate investigations including charging, pre-trial diversion, and sentencing. Todd was also a member of the national Executive Working Group, which includes six Department of Justice officials, six state attorneys general, and six district attorneys.
Todd was appointed United States Attorney from his position as Platte County Prosecuting Attorney, an office to which he was elected in 1994 and 1998. At the time of his election in 1994, he was the youngest full-time prosecuting attorney in Missouri. In that position, he oversaw a yearly caseload of approximately 400 felonies, 2500 misdemeanors and 14,000 traffic offenses.
As Prosecuting Attorney and as United States Attorney, Todd actively managed cases and trials under his authority and personally tried numerous jury trials to verdict, including cases of child molestation, drug distribution, murder and capital murder.
Prior to his service as Platte County Prosecuting Attorney, Todd was in private practice with the Bryan Cave law firm. Before joining Bryan Cave, he was an Assistant Attorney General for the State of Missouri.
In 1991, Todd received his law degree and a master’s degree in public administration from the University of Virginia. He received a bachelor’s degree, Summa Cum Laude, from the University of Missouri in 1988.
Raised on a family farm near Tarkio, Missouri, Todd has been married 24 years to his wife, Tracy. The couple has four children, and they reside on a 270 acre farm north of Kansas City that has been in the family since 1867.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Adjunct Professor, George Washington University Law School
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Paul J. Schierl Professor of Law, University of Notre Dame Law School
Professor Richard W. Garnett teaches and writes in the areas of constitutional law, criminal law, the First Amendment, and law and religion. He is a leading authority on questions and debates regarding religious freedom and church-state relations, and is the founding director of Notre Dame Law School’s Program on Church, State, and Society.
Garnett clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold. He earned his J.D. from Yale Law School in 1995 and his B.A., summa cum laude, from Duke University in 1990. He joined the faculty in 1999 after practicing law in Washington, D.C. with Miller, Cassidy, Larroca & Lewin.
Free Speech & Election Law: Originalism and the First Amendment
Carlos T. Bea, David F. Forte, Erik S. Jaffe, Michael W. McConnell, David Rabban, Nadine Strossen
2016 National Lawyers Convention
Has Originalism played a significant role in the Supreme Court's free speech jurisprudence? One scholar...
Unplugging FERC?: Federal Energy Regulatory Commission v. Electric Power Supply Association - Podcast
Erik S. Jaffe
Federalism & Separation of Powers and Environmental Law & Property Rights Practice Groups Podcast
In a case that could have serious implications about the limits of judicial review, the...
Williams-Yulee v. The Florida Bar - Post-Decision SCOTUScast
Erik S. Jaffe, Brian T. Fitzpatrick
SCOTUScast 5-14-15 featuring Brian Fitzpatrick and Erik Jaffe
On January 20, 2015, the Supreme Court heard oral argument in Williams-Yulee v. The Florida...
Supreme Court Upholds Ban on Judicial Election Fundraising - Podcast
Brian T. Fitzpatrick, Erik S. Jaffe
Free Speech & Election Law Practice Group Podcast
On April 29, the United States Supreme Court issued a 5-4 opinion in Williams-Yulee v....
Walker v. Texas Division, Sons of Confederate Veterans - Post-Argument SCOTUScast
Erik S. Jaffe
SCOTUScast 4-21-15 featuring Erik Jaffe
On March 23, 2015, the Supreme Court heard oral argument in Walker v. Texas Division,...
Williams-Yulee v. The Florida Bar - Post-Argument SCOTUScast
Erik S. Jaffe, Edward Whelan
SCOTUScast 2-5-15 featuring Erik Jaffe and Ed Whelan
On January 20, 2015, the Supreme Court heard oral argument in Williams-Yulee v. The Florida...
Judicial Campaign Fundraising and the Supreme Court: Williams-Yulee v. The Florida Bar - Podcast
Erik S. Jaffe, Edward Whelan
Free Speech & Election Law Practice Group Podcast
On Tuesday, January 20, the Supreme Court heard argument in Williams-Yulee v. The Florida Bar,...
How First Amendment Procedures Protect First Amendment Substance
Aaron H. Caplan, Robert A. Destro, Todd P. Graves, Erik S. Jaffe, Alan B. Morrison, David R. Stras, Eugene Volokh
2014 National Lawyers Convention
While the substance of constitutional rights is always important, it is often the procedures surrounding...
How First Amendment Procedures Protect First Amendment Substance
Aaron H. Caplan, Robert A. Destro, Todd P. Graves, Erik S. Jaffe, Alan B. Morrison, David R. Stras, Eugene Volokh
2014 National Lawyers Convention
While the substance of constitutional rights is always important, it is often the procedures surrounding...
McCullen v. Coakley - Post-Decision SCOTUScast
Erik S. Jaffe, Richard W. Garnett
SCOTUScast 7-3-14 featuring Erik Jaffe and Richard Garnett
On June 26, 2014, the Supreme Court issued its decision in McCullen v. Coakley. This...