Constitutional Scholarship Director and Senior Legal Analyst, Pacific Legal Foundation
Anastasia Boden is Director of Constitutional Scholarship at Pacific Legal Foundation, where she leads the organization’s Supreme Court commentary and directs scholarly analysis in support of the firm’s litigation. She has represented entrepreneurs and small businesses nationwide in challenges to onerous licensing regimes, anti-competitive titling restrictions, Certificate of Need (“competitor’s veto”) laws, and other forms of unnecessary red tape that block economic opportunity.
Prior to this role, Anastasia developed nearly a dozen constitutional challenges to Certificate of Need laws across the country, helping spur legislative reform in Montana, Pennsylvania, and West Virginia. Her victories include a ruling invalidating Houston’s busking restrictions, multiple appellate decisions expanding access to the courts for civil rights plaintiffs, and the legislative repeal of Virginia’s happy-hour advertising ban.
Her writings on law and liberty have been featured in USA Today, The Washington Post, The Wall Street Journal, the Los Angeles Times, the Chicago Tribune, Forbes, and more, and she has appeared on Headline News, CBS News, Fox News, ReasonTV, Newsmax, and John Stossel. In 2020, she was featured on Libertarian Party presidential candidate Jo Jorgensen’s Supreme Court shortlist.
Anastasia earned her BA with dean’s honors from the University of California, Santa Barbara, and her JD from Georgetown University Law Center, where she was research assistant to Professor Randy E. Barnett—the “intellectual godfather” of the constitutional challenge to Obamacare. She is the co-creator of the podcast Dissed, about infamous Supreme Court dissents. She authors the biweekly newsletter SCOTUS Scoop and the column, “In Dissent” for SCOTUSblog.
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Principal, Sharon Fast Gustafson, Attorney at Law, PLC
SHARON FAST GUSTAFSON is the immediate past General Counsel of the U.S. Equal Employment Opportunity Commission (EEOC), where she enforced Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act.
Ms. Gustafson graduated with honors from Georgetown Law Center in 1991 and has concentrated her practice in employment law. She worked for four years in the labor and employment law group at Jones, Day in Washington, D.C. Since that time, she has had a broad-based solo practice advising and representing employers and employees in handling all aspects of the employment relationship, in compliance with federal and state workplace laws, and in designing and implementing sound employment policies and practices.
Ms. Gustafson is an experienced litigator in federal and state courts; before administrative agencies, including the EEOC, state and local civil rights offices, and the Department of Labor (DOL) Wage and Hour Division; and in mediation and arbitration. She is admitted to practice in state and federal courts in Virginia, Maryland, and the District of Columbia, and in the United States Supreme Court.
Ms. Gustafson successfully litigated a pregnancy discrimination case, Young v. UPS, 575 U.S. 206 (2015), from EEOC intake to a successful outcome at the U.S. Supreme Court. In 2016, she received the Metropolitan Washington Employment Lawyers Association’s “Lawyer of the Year” award “in recognition of outstanding dedication to Civil Rights, Equality, and Justice.”
Ms. Gustafson represents both employers and employees in matters relating to employment law.
Senior Staff Attorney, Speech, Privacy & Technology Project, ACLU
Brian Hauss is a senior staff attorney with the ACLU’s Speech, Privacy & Technology Project, where he focuses on free expression issues. Since joining the ACLU in 2012, he has litigated cases defending the First Amendment rights of writers, journalists, media organizations, activists, advocacy groups, labor unions and private citizens. He has authored or co-authored numerous Supreme Court amicus curiae briefs on behalf of the ACLU and other groups. He also regularly discusses First Amendment issues in the media and at law schools throughout the country. Brian was a 2021-22 Wasserstein Public Interest Fellow at Harvard Law School. He is a graduate of Yale University and Harvard Law School and served as a law clerk to the Hon. Marsha S. Berzon of the U.S. Court of Appeals for the Ninth Circuit.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Senior Counsel and VP, Appellate Advocacy, Alliance Defending Freedom
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position.
Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He was inducted into the American Academy of Appellate Lawyers and serves as a member of the American Law Institute. His work has resulted in repeated listings in Michigan Super Lawyers and Best Lawyers.
Before entering private practice, Bursch served as a law clerk to the Honorable James B. Loken on the U.S. Court of Appeals for the 8th Circuit. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School, where he served as Chief Note & Comment Editor for the Minnesota Law Review. Prior to that, he attended Western Michigan University, where he received degrees in mathematics and music performance summa cum laude.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Partner, Marzulla Law
Ms. Marzulla served as an Attorney-Advisor and as a trial lawyer prosecuting employment violations in the Civil Rights Division at the U.S. Department of Justice. Later, Nancie joined the law firm of Verner, Liipfert (now DLA Piper), where she litigated complex airline and other civil matters. In 1991, She founded Defenders of Property Rights, where she was involved in high profile takings cases in the Supreme Court, federal courts of appeal, and trial courts. Ms. Marzulla also worked at the International Labor Organization in Geneva, Switzerland doing comparative legal research.
Nancie G. Marzulla is a founding partner of Marzulla Law, ranked as one of the nation’s “Best Law Firms,” and a “Tier One” environmental litigation firm by the U.S. News and World Report. Nancie’s litigation practice concentrates on water rights, takings, and contract claims in the U.S. Court of Federal Claims. She also has extensive experience in handling matters involving property, water, environmental law, Indian tribal claims, development, and natural resources in trial courts, courts of appeal, the Supreme Court, and in international tribunals. Nancie also represents corporate clients in enforcement or permitting disputes with federal regulatory agencies.
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).
President and General Counsel, New Civil Liberties Alliance
NCLA’s President and General Counsel, Mark Chenoweth, has observed the administrative state up close and personal from perches in all four branches of the federal government. Mark served as the first chief of staff to Congressman Mike Pompeo, as legal counsel to Commissioner Anne Northup at the U.S. Consumer Product Safety Commission, as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice, and as a law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
Mark has worked in several different roles in the private sector as well. He began his legal career in D.C. as a regulatory associate at Wilmer, Cutler & Pickering. He then returned to his home state of Kansas to serve as in-house counsel for Koch Industries. Most recently he spent over four years as general counsel of the Washington Legal Foundation.
Mark is a graduate of Yale College and the University of Chicago Law School, where he co-founded the Institute for Justice Clinic on Entrepreneurship and became a Tony Patiño Fellow. Mark has been widely quoted and/or published in newspapers and websites including the New York Times, San Francisco Chronicle, New Hampshire Union Leader, and Metropolitan Corporate Counsel. He has also had recurring op-eds in the Los Angeles Daily Journal, and at Forbes.com.
Attorney, Institute for Justice
Anya Bidwell (née Cherkasova) leads IJ’s Project on Immunity and Accountability (“PIA”). Through this project, Anya works to promote judicial engagement and ensure that government officials are held to account when they violate individuals’ constitutional rights. Anya also serves as an adviser on the American Law Institute’s Restatement of the Law, Constitutional Torts project.
One of Anya’s PIA cases—Gonzalez v. Trevino—was heard by the United States Supreme Court on March 20, 2024. She argued the case for the petitioner, with the goal of convincing the Justices that retaliatory arrests not involving on-the-spot decisions by police officers should be actionable under the First Amendment regardless of probable cause. The decision is expected in June.
This was Anya’s third appearance before the U.S. Supreme Court. She second-chaired Brownback v. King (an excessive force case) and Tennessee Wine & Spirits Retailers Association v. Thomas (a commerce clause case) in November 2020 and January 2019 respectfully.
Before joining IJ, Anya worked for a top national law firm, handling cases in trial and appellate courts. She earned her J.D. with honors from the University of Texas. Two years prior to entering law school, Anya received a master’s degree in Global Policy Studies, also from the University of Texas, and wrote a thesis on asymmetric warfare.
Anya spent her childhood in Ukraine and Kyrgyzstan. At 16, she left her family behind and came to America on a university scholarship. Her upbringing motivated her to study law and become an advocate for a strong, independent judiciary.
Anya’s work has been featured in numerous publications, including the Washington Post, the Wall Street Journal, the New York Times, USA Today, and the Guardian. She is also the host of live recordings of our Short Circuit podcast and a co-producer of our documentary-style podcast Bound by Oath.
Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Mr. Fortney is a co-founder of Fortney & Scott, LLC, a Washington, D.C.-based law firm counseling and advising clients on the full spectrum of work-place related matters, including employment discrimination and labor matters, compliance programs, government contracting, international dispute resolution and counseling matters, and developing strategies for avoiding or responding to workplace-related crises.
Mr. Fortney has a broad-based practice representing and counseling employers and executives in employment and labor matters, including equal employment opportunity requirements, wage and hour matters, federal contractor's affirmative action and non-discrimination obligations, collective bargaining, and workplace health and safety. He brings experience from the public and private sectors in advising clients on these issues, and he frequently represents clients before federal and state agencies, including the U.S. Department of Labor's agencies, the Equal Employment Opportunity Commission, and the National Labor Relations Board.
Mr. Fortney has been widely recognized for his professional accomplishments, including being named one of the leading employment lawyers in Washington, D.C. by the CHAMBERS USAsurvey of America’s Leading Lawyers for Business in all years from 2005 through 2015. He was selected for inclusion in the 2008 through present editions of The Best Lawyers in America, Washington D.C.’s, Washington D.C.’s Best Lawyers, and Super Lawyers. Mr. Fortney was also awarded an AV rating (the highest level) by Martindale-Hubbell.
Before co-founding the firm, Mr. Fortney previously served as the chief legal officer of the U.S. Department of Labor in Washington, D.C. during the term of President George H.W. Bush. As Acting Solicitor of Labor, he was responsible for enforcing over 140 laws regulating the nation's workplaces and managing an agency with 800 attorneys and support staff. He advised Secretaries of Labor Elizabeth Dole and Lynn Martin and the Department of Labor agencies on a broad range of legal, policy, legislative, regulatory and enforcement issues.
Mr. Fortney has testified before the U.S. Congress on several occasions and a state legislative committee on wage and hour matters.
Mr. Fortney is a frequent lecturer and writer on employment-related topics, including appearances on CNN, CBS and Fox News. Mr. Fortney is the co-editor of the Federal Employment Law Insider monthly newsletter, Chapter Editor of The Family and Medical Leave Act (2006) published by BNA Books, co-author of the Military Leave Compliance Kit (2001), published by M. Lee Smith Publishers, and lead author of the Guide to Employee Leave(1997), published by Warren, Gorham & Lamont.
Associate Dean for Academic Affairs, The George Washington University Law School
Aram A. Gavoor is the Associate Dean for Academic Affairs and an internationally recognized scholar in American administrative law, national security, and federal courts. His co-authored work was cited by the U.S. Supreme Court in Department of Commerce v. New York (2019). His scholarship has earned placement in the Florida Law Review, Indiana Law Journal, Ohio State Law Journal, and other law journals. He has briefed and argued over a dozen high-profile public law cases before a majority of the U.S. Courts of Appeals and numerous cases before almost a third of the 94 U.S. District Courts. Associate Dean Gavoor frequently shares his national security, artificial intelligence policy, and federal courts expertise with international news media, including CNN, BBC World News, Wall Street Journal, NBC News, and ABC (Australia) World News. In 2021, the National Law Journal named Associate Dean Gavoor a Rising Star (top 40 under 40) honoree.
Earlier in his career, Associate Dean Gavoor served as Senior Counsel for National Security in the Civil Division of the U.S. Department of Justice, as third-in-rank Counselor to the Administrator of the Office of Information and Regulatory Affairs in the White House Office of Management and Budget, and in private practice. He received the Attorney General's Award for Distinguished Service in 2019, the Civil Division Special Commendation Award in 2020, 2019, and 2018, and a Commendation from the Human Rights and Special Prosecutions Section of the Criminal Division in 2018.
Associate Dean Gavoor previously served on the law school’s part-time faculty from 2008-2017 before accepting a term-limited position as Visiting Associate Professor from 2017-2019. He received GW Law’s Distinguished Adjunct Faculty Teaching Award from the 2020 and 2017 graduating classes. He currently teaches Constitutional Law II, Administrative Law, National Security Law, and Federal Courts.
Partner, Morgan, Lewis & Bockius LLP
Philip A. Miscimarra is the former Chairman of the National Labor Relations Board (NLRB). Phil leads the firm’s NLRB special appeals practice and is co-leader of Morgan Lewis Workforce Change, which manages all employment, labor, benefits, and related issues arising from mergers, acquisitions, startups, workforce reductions, and other types of business restructuring. He represents clients on a wide range of labor and employment issues, with a focus on labor-management relations, business acquisitions and restructuring, and employment litigation. Phil is also a Senior Fellow at the University of Pennsylvania's Wharton School and the Wharton Center for Human Resources. He is admitted in Illinois only, and his practice is supervised by DC Bar members.
Phil was named Chairman of the NLRB by President Donald J. Trump on April 24, 2017, after previously serving as Acting Chairman and a Board Member. He was appointed to the NLRB by President Barack Obama on April 9, 2013, and was approved unanimously by the Senate Committee on Health, Education, Labor, and Pensions on May 22, 2013. He was confirmed by voice vote in the US Senate on July 30, 2013, and served from August 7, 2013, to December 16, 2017. Upon the completion of his term, Phil served on the NLRB longer than 26 other board members over the past 30 years.
Phil is the author or co-author of several books involving labor law issues, including The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change (2d ed. 2010) (by Miscimarra, Turner, Friedman, Callahan, Conrad, Lignowski and Scroggins); The NLRB and Secondary Boycotts (3d ed. 2002) (by Miscimarra, Berkowitz, Wiener and Ditelberg); and Government Protection of Employees Involved in Mergers and Acquisitions (1989 and 1997 supp.) (by Northrup and Miscimarra); and other publications. He has also testified on labor and employment law issues in the United States Congress.
Chambers USA named Phil one of the leading lawyers for employment law in the United States from 2004 to 2012, based on the views of clients, peers, and other industry professionals. He has been described as a "fantastic lawyer" and "prolific writer," with clients admiring his "multilayered abilities and business savvy" and his "high level of integrity."
Deputy Secretary of Labor, U.S. Department of Labor
Keith E. Sonderling was confirmed by the U.S. Senate on March 12, 2025 to be the 38th United States Deputy Secretary of Labor.
As the United States Deputy Secretary of Labor, Sonderling is the second-highest-ranking official and serves as the Department's Chief Operating Officer, overseeing the agency’s $14 billion dollar budget and 16,000 employees. The Deputy Secretary oversees key operational functions such as: strategic planning; budget formulation; financial management; information technology; and human resource management. Additionally, the Deputy Secretary provides the leadership and management of DOL’s agencies necessary to support the Secretary and the Department’s mission.
Prior to becoming Deputy Secretary, he was previously confirmed by the United States Senate to serve as the Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC) from September 2020 until August 2024. He also served as the Commission’s Vice-Chair from 2020-2021.
During his tenure at the EEOC, one of Sonderling’s highest priorities was ensuring that artificial intelligence and workplace technologies are designed and deployed consistent with long-standing laws. He published numerous articles on the benefits and potential harms of using artificial intelligence-based technology in the workplace and spoke globally on artificial intelligence’s impact on the workplace.
Sonderling previously served at the US Department of Labor as the Acting and Deputy Administrator of the U.S. Department of Labor’s Wage and Hour Division from 2017-2020. During his tenure, the Division accomplished back-to-back record-breaking enforcement collections and educational outreach events. Sonderling also oversaw the development and publication of large-scale deregulatory rules and authored numerous Opinion Letters, Field Assistance Bulletins, and All Agency Memorandums. Additionally, he was instrumental in developing the Division’s first comprehensive self-audit program, which collected more than $7 million for nearly eleven thousand workers.
Before his government service, Sonderling was a partner at one of Florida’s oldest and largest law firms, Gunster. At Gunster, he counseled employers and litigated labor and employment disputes. In 2012, then-Governor Rick Scott appointed Sonderling to serve as the Chair of the Judicial Nominating Committee for appellate courts in South Florida. Sonderling was also active in the community, serving on the Board of Directors for Morse Life Health System, the Boca Raton Chamber of Commerce, and Leadership Florida.
Sonderling also serves as a Professional Lecturer in the Law (Adjunct Professor) at George Washington University Law School, teaching employment discrimination.
Sonderling received his B.S., magna cum laude, from the University of Florida and his J.D., magna cum laude, from Nova Southeastern University.
Deputy Secretary of Labor, U.S. Department of Labor
Keith E. Sonderling was confirmed by the U.S. Senate on March 12, 2025 to be the 38th United States Deputy Secretary of Labor.
As the United States Deputy Secretary of Labor, Sonderling is the second-highest-ranking official and serves as the Department's Chief Operating Officer, overseeing the agency’s $14 billion dollar budget and 16,000 employees. The Deputy Secretary oversees key operational functions such as: strategic planning; budget formulation; financial management; information technology; and human resource management. Additionally, the Deputy Secretary provides the leadership and management of DOL’s agencies necessary to support the Secretary and the Department’s mission.
Prior to becoming Deputy Secretary, he was previously confirmed by the United States Senate to serve as the Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC) from September 2020 until August 2024. He also served as the Commission’s Vice-Chair from 2020-2021.
During his tenure at the EEOC, one of Sonderling’s highest priorities was ensuring that artificial intelligence and workplace technologies are designed and deployed consistent with long-standing laws. He published numerous articles on the benefits and potential harms of using artificial intelligence-based technology in the workplace and spoke globally on artificial intelligence’s impact on the workplace.
Sonderling previously served at the US Department of Labor as the Acting and Deputy Administrator of the U.S. Department of Labor’s Wage and Hour Division from 2017-2020. During his tenure, the Division accomplished back-to-back record-breaking enforcement collections and educational outreach events. Sonderling also oversaw the development and publication of large-scale deregulatory rules and authored numerous Opinion Letters, Field Assistance Bulletins, and All Agency Memorandums. Additionally, he was instrumental in developing the Division’s first comprehensive self-audit program, which collected more than $7 million for nearly eleven thousand workers.
Before his government service, Sonderling was a partner at one of Florida’s oldest and largest law firms, Gunster. At Gunster, he counseled employers and litigated labor and employment disputes. In 2012, then-Governor Rick Scott appointed Sonderling to serve as the Chair of the Judicial Nominating Committee for appellate courts in South Florida. Sonderling was also active in the community, serving on the Board of Directors for Morse Life Health System, the Boca Raton Chamber of Commerce, and Leadership Florida.
Sonderling also serves as a Professional Lecturer in the Law (Adjunct Professor) at George Washington University Law School, teaching employment discrimination.
Sonderling received his B.S., magna cum laude, from the University of Florida and his J.D., magna cum laude, from Nova Southeastern University.
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.
A Seat at the Sitting - April 2023
Anastasia P. Boden, Thomas F. Gede, Sharon Fast Gustafson, Brian Hauss, Ilya Somin
The April Docket in 90 Minutes or Less
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
Arizona v. Navajo Nation, Dep. of Interior v. Navajo Nation - Post-Argument SCOTUScast
Thomas F. Gede
Tom Gede
On March 20, 2023, the Supreme Court heard oral argument in the consolodated cases of Arizona...
Courthouse Steps Preview: Tyler v. Hennepin County
John J. Bursch, Tony Francois, Nancie G. Marzulla
The Supreme Court Decides Whether Government Taking of Surplus Proceeds from a Tax-Foreclosure Sale Violates the Fifth Amendment
Geraldine Tyler, a ninety-three-year-old homeowner, owed Hennepin County, Minnesota, nearly $12,700 in delinquent property taxes,...
Courthouse Steps Oral Argument: Groff v. Dejoy
Hiram Sasser
In Groff v. Dejoy the Court is set to address two issues concerning the protections...
Dept. of Ed. v. Brown & Biden v. Nebraska - Post-Argument SCOTUScast
Mark Chenoweth
Mark Chenoweth
On February 28, 2023, the U.S. Supreme Court heard oral argument in two cases challenging the...
Litigation Update: Gonzalez v. Trevino – When the Courts Wrestle with Qualified Immunity
Anya Bidwell
Gonzalez v. Trevino involves an alleged retaliatory conspiracy of city officials from Castle Hills, Texas...
Dubin v. United States - Post-Argument SCOTUScast
John C. Richter
John C. Richter
On February 27, 2023, the United States Supreme Court heard oral argument in Dubin v. United...
Deep Dive Episode 259 - AI & Antidiscrimination: AI Entering the Arena of Labor & Employment Law [Panel Discussion]
David Fortney, Aram A. Gavoor, Philip A. Miscimarra, Keith E. Sonderling
Regulatory Transparency Project's Fourth Branch Podcast
Artificial Intelligence (AI), once the stuff of science fiction, is now more than ever a...
Deep Dive Episode 258 - AI & Antidiscrimination: AI Entering the Arena of Labor & Employment Law [Keynote Address]
Keith E. Sonderling
Regulatory Transparency Project's Fourth Branch Podcast
Artificial Intelligence (AI), once the stuff of science fiction, is now more than ever a...
Gonzalez v. Google LLC - Post-Argument SCOTUScast
Erik S. Jaffe
Erik S. Jaffe
On February 21, 2023, the U.S. Supreme Court heard oral argument in Gonzalez v. Google LLC. After U.S....