Department of Homeland Security v. Regents of the University of California - Post-Decision SCOTUScast
featuring John C. Eastman, Christopher Hajec, Mario Loyola, and William A. Stock
featuring John C. Eastman, Christopher Hajec, Mario Loyola, and William A. Stock
On June 18, 2020, the Supreme Court released its decision in the case of Department of Homeland Security v. Regents of the University of California. By a vote of 5-4, the judgment of the U.S. Court of Appeals for the Ninth Circuit (DHS v. Regents) was vacated in part and reversed in part, the judgment of the D.C. Circuit (Trump v. NAACP) was affirmed, and various orders of the Second Circuit (Wolf v. Vidal) were vacated, affirmed in part, or reversed in part. All the cases are remanded.
The Chief Justice's opinion for the Court was joined by Justices Ginsburg, Breyer, and Kagan in full, and by Justice Sotomayor as to all but Part IV. Justice Sotomayor concurred in part, concurred in the judgment in part, and dissented in part. Justice Thomas concurred in the judgment in part and dissented in part, joined by Justices Alito and Gorsuch. Justices Alito and Kavanaugh also filed opinions concurring on the judgment in part and dissenting in part. Our expert selection of speakers will discuss the decision and implications for the future.
To discuss the case, on this special panel episode, we have:
Dr. John C. Eastman, Henry Salvatori Professor of Law and Community Service and Director, Center for Constitutional Jurisprudence, Chapman University Fowler School of Law
Christopher Hajec, Director of Litigation at the Immigration Reform Law Institute
Mario Loyola, Senior Fellow at the Competitive Enterprise Institute
William A. Stock, Partner at Klasko Immigration Law Partners, LLP
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Director of Litigation, Immigration Reform Law Institute
Mr. Hajec joined the Immigration Reform Law Institute (IRLI) in 2017 as its Director of Litigation, and is responsible for overseeing IRLI’s public interest litigation. Previously, he has focused his career on constitutional and other civil rights law in the public interest, and has had an abiding concern about the many adverse effects of illegal and excessive legal immigration on American jobs and communities.
At IRLI, in addition to representing plaintiffs in immigration-related civil lawsuits, he has overseen the drafting and filing of nearly 100 briefs, mostly amicus curiae briefs in defense of the Trump administration’s immigration initiatives, which have been subjected to an unprecedented degree of legal assault by well-funded interest groups.
Prior to joining IRLI, Mr. Hajec was an attorney at the Center for Individual Rights (CIR), where he litigated a string of high-profile cases, including the defense of videographer James O’Keefe in suits brought by former ACORN employees, a class action suit on behalf of Asian American students discriminated against by the New York City public schools, and a case that resulted in the U.S. Court of Appeals for the Fifth Circuit’s striking down Texas’s psychologists licensing statute as an overbroad restriction on free speech.
Before CIR, Mr. Hajec was an officer in the Navy Judge Advocate General’s Corps, where he served as a defense counsel before courts-martial and then as Appellate Government Counsel, arguing over 100 appeals before the Navy-Marine Corps Court of Criminal Appeals and the Court of Appeals for the Armed Forces. He received the Navy Commendation Medal for his legal work, and also because of his poor handling of an emergency during a hurricane.
He received his law degree from the University of Pennsylvania Law School and his undergraduate degree, cum laude, from the University of Michigan. He has a Ph.D. in philosophy from the University of Miami, and studied philosophy and sociology at Oxford University.
Senior Fellow for Law, Economics, and Technology, The Heritage Foundation; Professor, Florida International University
Mario Loyola is a Senior Fellow for Law, Economics, and Technology at The Heritage Foundation.
Loyola served in the Trump Administration as Associate Director for Regulatory Reform at the White House Council on Environmental Quality. In that role, he was one of the principal drafters of the One Federal Decision policy, which helped to streamline the permitting and environmental review of large infrastructure projects. While at CEQ, he was a member of the U.S. delegation to the USMCA free trade negotiations with Mexico and Canada, as well as the United Nations conference on biodiversity on the high seas. Loyola initially joined the White House in February 2017 as a Presidential Speechwriter, employing his expertise in many areas of foreign and domestic policy.
After beginning his career in M&A and corporate finance law, Loyola served in the Bush 43 Administration as a special assistant to the Undersecretary of Defense for Policy. He left that position to start writing on national defense issues in magazines such as National Review and The Weekly Standard, reporting from the front lines of the war on terrorism in Lebanon, Israel, and Iraq. He finished the Bush Administration as Foreign and Defense Counsel to the U.S. Senate Republican Policy Committee, then under the chairmanship of Senator Kay Bailey Hutchison of Texas. He subsequently moved to Texas and joined the Texas Public Policy Foundation, where he specialized in energy, environment, and federalism.
Loyola is a frequent contributor to The Wall Street Journal, National Review, and The Atlantic, among others. He teaches environmental and administrative law at Florida International University, where he is Founding Director of the Environmental Finance and Risk Management program in FIU’s prestigious Institute of Environment. He received a bachelor’s degree in European history from the University of Wisconsin–Madison and a J.D. from Washington University School of Law.
Partner, Klasko Immigration Law Partners, LLP
William A. Stock (Bill) is one of the country’s leading immigration lawyers. A founding member of Klasko Immigration Law Partners, LLP, he has practiced immigration law exclusively for over twenty years. His clients include small businesses, medium sized companies, and multinational corporations and their employees, as well as individual clients, investors and researchers.
Bill leads a team of thirty-two attorneys, senior and junior paralegals in obtaining employment-based immigration benefits for clients, such as nonimmigrant visa classification (H-1B, L-1, E-1 and E-2, TN and O-1); permanent residence or “green card” status through Labor Certification or as immigrants of Exceptional or Extraordinary Ability (EB-1, EB-2 and EB-3); investment-based immigration (EB-5); and unusual or complicated matters such as physician J-1 waivers, visas for entrepreneurs, and mandamus or APA review actions brought in federal court.
Bill served as President of the American Immigration Lawyers Association (AILA), the 16,000 member national organization of immigration lawyers in 2017. He has long been active in the association on both a national and state level and has served several terms on the Association’s Board of Governors. In 2000, he received the Association’s Joseph Minsky Award for outstanding accomplishments in immigration law.
Bill is a Senior Editor of AILA’s annual Immigration & Nationality Law Handbook, and is the co-author of the “J Visa Guidebook” from Lexis Publishing. He was an Adjunct Professor at the Villanova University School of Law. He has been included since 2004 in Best Lawyers in America (Woodward/ White Inc.); since 2006 in Chambers Global: The World’s Leading Lawyers for Business (Chambers and Partners), Who’s Who in American Law, and The International Who’s Who of Business Lawyers. Bill is also featured as a 20 top practitioner in the area of Immigration Law by Lawdragon.
A summa cum laude graduate of the University of St. Thomas (St. Paul, MN), (B.A.1990), he received his law degree from the University of Minnesota (J.D., magna cum laude, 1993) where he was a member of the Order of the Coif.