Judge, U.S. Court of Appeals for the Third Circuit
Hon. Jennifer Mascott served as Associate Professor of Law and Director of the Separation of Powers Institute at The Catholic University of America’s Columbus School of Law before her appointment to the federal bench. On July 16, 2025, President Donald J. Trump nominated her to the U.S. Court of Appeals for the Third Circuit (Delaware), and she was confirmed on October 9, 2025.
Prior to her confirmation, Judge Mascott wrote extensively in administrative and constitutional law, statutory interpretation, and the separation of powers. Her scholarship—published in leading journals including the Stanford Law Review, Notre Dame Law Review, and Supreme Court Review—was cited by the U.S. Supreme Court and multiple federal courts. She also contributed Supreme Court commentary for NBC Universal.
Before joining Catholic Law, she was an Assistant Professor and Co-Director of The C. Boyden Gray Center at George Mason University’s Antonin Scalia Law School. In 2022 she became co-author of Beermann, Cass & Diver’s Administrative Law: Cases and Materials (9th ed.). In 2023 she received the Justice Joseph Story Award for excellence in scholarship, teaching, and advancing the rule of law.
Judge Mascott also served as a Council Member of the ABA’s Administrative Law Section and as a Public Member of the Administrative Conference of the United States. She frequently testified before Congress on executive power, regulatory reform, and judicial jurisdiction, and participated in multiple Supreme Court confirmation hearings.
From 2019 to 2021, she took leave from academia to serve as Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel and later as Associate Deputy Attorney General, where she argued federal cases and assisted with Justice Amy Coney Barrett’s confirmation. Earlier in her career, she clerked for Justice Clarence Thomas and for then-Judge Brett M. Kavanaugh on the D.C. Circuit.
Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.
Partner, Dechert LLP
Michael H. McGinley, Global Co-Chair of the Securities and Complex Litigation practice group at Dechert, focuses his practice on high-stakes litigation, specifically appellate and complex commercial matters. Mr. McGinley has experience representing clients at every level of the federal judiciary, as well as in numerous federal agencies and state courts. In early 2025, he argued three cases before the United States Supreme Court in a span of four months.
He has litigated a wide range of issues, including federal jurisdiction, Chevron deference, federalism, preemption, antitrust, arbitration, labor law, tort law, antidumping and trade-remedy disputes, securities and corporate law, contract rights, voting rights, free speech, religious freedom and many other constitutional issues. Mr. McGinley also regularly advises individual, corporate and government clients on strategic, criminal defense, and regulatory matters.
Prior to joining Dechert, Mr. McGinley served as Associate Counsel and Special Assistant to the President in the White House Counsel's Office, where his primary responsibilities included the review of major legislative and regulatory actions and the confirmation of judicial nominees, including Justice Gorsuch. During his time in the White House, Mr. McGinley worked closely with the Department of Justice, the Office of Management and Budget, a number of federal agencies, and various congressional committees. He also previously served as a law clerk to Justice Samuel A. Alito, Jr. of the Supreme Court of the United States and to then-Judge Neil M. Gorsuch, of the United States Court of Appeals for the Tenth Circuit.
Mr. McGinley has been ranked by Chambers USA in Band 1 for appellate litigation in Pennsylvania and recognized by The Legal 500 for his expertise in financial services litigation, general commercial disputes, and international litigation. He was named an “Appellate MVP of the Year” for 2025 by Law360, and his appellate victories helped earn Dechert a place on the National Law Journal’s “Appellate Hot List” in 2025. Mr. McGinley is named among the Financial Times’ Top 10 “Most Innovative Legal Practitioners in North America” as part of the FT’s Innovative Lawyers Awards 2025 for North America.
Mr. McGinley is an elected member of the American Law Institute. He was appointed by the President to the governing Council of the Administrative Conference of the United States, which is an independent agency charged with convening experts from the public and private sectors to recommend improvements to administrative process and procedure. He also serves as the Co-Chair of the American Bar Association’s Administrative Rulemaking Committee.
Assistant Attorney General, Civil Division, United States Department of Justice
Brett A. Shumate was sworn in as the Civil Division’s 36th Assistant Attorney General on June 11, 2025. He previously served in the Civil Division from 2017 to 2019 as the Deputy Assistant Attorney General for the Federal Programs Branch. Prior to rejoining the Department, Mr. Shumate was a partner at Jones Day in Washington, D.C.
Mr. Shumate clerked for Judge Edith H. Jones on the United States Court of Appeals for the Fifth Circuit. He graduated from Wake Forest University School of Law and Furman University.
Deputy Secretary of Agriculture, U.S. Department of Agriculture
Judge Stephen Alexander Vaden was appointed as the Deputy Secretary of the U.S. Department of Agriculture on July 7, 2025. Alongside Secretary Brooke L. Rollins, Deputy Secretary Vaden leads the Department’s operations and implements policies that support America’s food and farm systems. A native of Union City, Tennessee, Deputy Secretary Vaden brings expertise in agricultural policy, law, and rural development. Previously, he served as a judge on the U.S. Court of International Trade and as General Counsel of USDA. Throughout Deputy Secretary Vaden’s time as General Counsel, he led successful Supreme Court litigation, advanced regulatory reform, and supported the implementation of the 2018 Farm Bill. He is a graduate of Yale Law School and Vanderbilt University. A public servant with strong agricultural roots, Deputy Secretary Vaden is committed to revitalizing rural America and ensuring an abundant, affordable, and safe U.S. food supply.
Partner, Dechert LLP
Michael H. McGinley, Global Co-Chair of the Securities and Complex Litigation practice group at Dechert, focuses his practice on high-stakes litigation, specifically appellate and complex commercial matters. Mr. McGinley has experience representing clients at every level of the federal judiciary, as well as in numerous federal agencies and state courts. In early 2025, he argued three cases before the United States Supreme Court in a span of four months.
He has litigated a wide range of issues, including federal jurisdiction, Chevron deference, federalism, preemption, antitrust, arbitration, labor law, tort law, antidumping and trade-remedy disputes, securities and corporate law, contract rights, voting rights, free speech, religious freedom and many other constitutional issues. Mr. McGinley also regularly advises individual, corporate and government clients on strategic, criminal defense, and regulatory matters.
Prior to joining Dechert, Mr. McGinley served as Associate Counsel and Special Assistant to the President in the White House Counsel's Office, where his primary responsibilities included the review of major legislative and regulatory actions and the confirmation of judicial nominees, including Justice Gorsuch. During his time in the White House, Mr. McGinley worked closely with the Department of Justice, the Office of Management and Budget, a number of federal agencies, and various congressional committees. He also previously served as a law clerk to Justice Samuel A. Alito, Jr. of the Supreme Court of the United States and to then-Judge Neil M. Gorsuch, of the United States Court of Appeals for the Tenth Circuit.
Mr. McGinley has been ranked by Chambers USA in Band 1 for appellate litigation in Pennsylvania and recognized by The Legal 500 for his expertise in financial services litigation, general commercial disputes, and international litigation. He was named an “Appellate MVP of the Year” for 2025 by Law360, and his appellate victories helped earn Dechert a place on the National Law Journal’s “Appellate Hot List” in 2025. Mr. McGinley is named among the Financial Times’ Top 10 “Most Innovative Legal Practitioners in North America” as part of the FT’s Innovative Lawyers Awards 2025 for North America.
Mr. McGinley is an elected member of the American Law Institute. He was appointed by the President to the governing Council of the Administrative Conference of the United States, which is an independent agency charged with convening experts from the public and private sectors to recommend improvements to administrative process and procedure. He also serves as the Co-Chair of the American Bar Association’s Administrative Rulemaking Committee.
Executive General Counsel, First Liberty Institute
Hiram Sasser is Executive General Counsel for First Liberty Institute, where he oversees First Liberty’s litigation and media efforts. Sasser’s practice focuses on First Amendment and other constitutional and civil rights issues relating to religious liberty. Sasser served as co-counsel in seven victories before the United States Supreme Court, including Groff v. DeJoy (landmark case overturning the “de minimis cost” test for Title VII in place almost 50 years), Kennedy v. Bremerton (landmark case overturning 50 years of Establishment Clause precedent), Carson v. Makin (overturning 40 years of Maine’s discrimination against parents choosing faith-based schools), American Legion v. American Humanist Association (landmark case ending Establishment Clause attacks on veterans’ memorials with religious imagery), Klein v. Oregon Bureau of Labor and Industries (granted, vacated, and remanded (twice) in religious wedding service case), and Sause v. Bauer (summary reversal revoking qualified immunity for police who ordered a citizen not to pray in her own home).
In addition to his legal duties, Sasser develops, coordinates, and implements successful media strategies on behalf of his clients. This includes numerous appearances on ABC, NBC, CBS, Fox News, CNN, and the BBC as well as being heard on various radio stations throughout the United States, Asia, Africa, and Europe.
In 2016, Sasser took a leave of absence to serve a temporary assignment as the Chief of Staff for the Attorney General of Texas. He currently serves as an Adjunct Professor of Law at both The University of Texas at Austin School of Law (teaching Religious Liberty) and Oklahoma City University School of Law (teaching Civil Rights Procedure).
Partner, Dechert LLP
Michael H. McGinley, Global Co-Chair of the Securities and Complex Litigation practice group at Dechert, focuses his practice on high-stakes litigation, specifically appellate and complex commercial matters. Mr. McGinley has experience representing clients at every level of the federal judiciary, as well as in numerous federal agencies and state courts. In early 2025, he argued three cases before the United States Supreme Court in a span of four months.
He has litigated a wide range of issues, including federal jurisdiction, Chevron deference, federalism, preemption, antitrust, arbitration, labor law, tort law, antidumping and trade-remedy disputes, securities and corporate law, contract rights, voting rights, free speech, religious freedom and many other constitutional issues. Mr. McGinley also regularly advises individual, corporate and government clients on strategic, criminal defense, and regulatory matters.
Prior to joining Dechert, Mr. McGinley served as Associate Counsel and Special Assistant to the President in the White House Counsel's Office, where his primary responsibilities included the review of major legislative and regulatory actions and the confirmation of judicial nominees, including Justice Gorsuch. During his time in the White House, Mr. McGinley worked closely with the Department of Justice, the Office of Management and Budget, a number of federal agencies, and various congressional committees. He also previously served as a law clerk to Justice Samuel A. Alito, Jr. of the Supreme Court of the United States and to then-Judge Neil M. Gorsuch, of the United States Court of Appeals for the Tenth Circuit.
Mr. McGinley has been ranked by Chambers USA in Band 1 for appellate litigation in Pennsylvania and recognized by The Legal 500 for his expertise in financial services litigation, general commercial disputes, and international litigation. He was named an “Appellate MVP of the Year” for 2025 by Law360, and his appellate victories helped earn Dechert a place on the National Law Journal’s “Appellate Hot List” in 2025. Mr. McGinley is named among the Financial Times’ Top 10 “Most Innovative Legal Practitioners in North America” as part of the FT’s Innovative Lawyers Awards 2025 for North America.
Mr. McGinley is an elected member of the American Law Institute. He was appointed by the President to the governing Council of the Administrative Conference of the United States, which is an independent agency charged with convening experts from the public and private sectors to recommend improvements to administrative process and procedure. He also serves as the Co-Chair of the American Bar Association’s Administrative Rulemaking Committee.
Executive General Counsel, First Liberty Institute
Hiram Sasser is Executive General Counsel for First Liberty Institute, where he oversees First Liberty’s litigation and media efforts. Sasser’s practice focuses on First Amendment and other constitutional and civil rights issues relating to religious liberty. Sasser served as co-counsel in seven victories before the United States Supreme Court, including Groff v. DeJoy (landmark case overturning the “de minimis cost” test for Title VII in place almost 50 years), Kennedy v. Bremerton (landmark case overturning 50 years of Establishment Clause precedent), Carson v. Makin (overturning 40 years of Maine’s discrimination against parents choosing faith-based schools), American Legion v. American Humanist Association (landmark case ending Establishment Clause attacks on veterans’ memorials with religious imagery), Klein v. Oregon Bureau of Labor and Industries (granted, vacated, and remanded (twice) in religious wedding service case), and Sause v. Bauer (summary reversal revoking qualified immunity for police who ordered a citizen not to pray in her own home).
In addition to his legal duties, Sasser develops, coordinates, and implements successful media strategies on behalf of his clients. This includes numerous appearances on ABC, NBC, CBS, Fox News, CNN, and the BBC as well as being heard on various radio stations throughout the United States, Asia, Africa, and Europe.
In 2016, Sasser took a leave of absence to serve a temporary assignment as the Chief of Staff for the Attorney General of Texas. He currently serves as an Adjunct Professor of Law at both The University of Texas at Austin School of Law (teaching Religious Liberty) and Oklahoma City University School of Law (teaching Civil Rights Procedure).
Breakout Panel 4 - Is Humphrey’s Executor Still Relevant?
Jenn L. Mascott, Michael McGinley, Jed Shugerman, Brett Shumate, Stephen Alexander Vaden
ERBXII
Earlier this year Judge Jones and Judge Willett released dueling opinions on the applicability of...
Litigation Update: OKPLAC, Inc. v. Statewide Virtual Charter School Board
Michael McGinley, Hiram Sasser
After Carson v. Makin (2023) --a U.S. Supreme Court case holding that Maine may not...
Litigation Update: OKPLAC, Inc. v. Statewide Virtual Charter School Board
Michael McGinley, Hiram Sasser
After Carson v. Makin (2023) --a U.S. Supreme Court case holding that Maine may not...