Partner, Crowell & Moring
Ellen Steen is a partner specializing in environmental and natural resources law. She has represented a broad range of industrial, mining, timber, and agricultural clients in matters involving the Clean Water Act, Clean Air Act, Endangered Species Act, Superfund, Resource Conservation and Recovery Act ("RCRA"), Emergency Protection and Community Right-to-Know Act ("EPCRA"), Toxic Substances Control Act ("TSCA"), Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), and the National Environmental Policy Act ("NEPA").
Ellen's litigation practice has included a wide range of cases concerning the scope of EPA's regulatory authority (both challenging and defending EPA regulations), as well as enforcement actions by EPA and citizens groups. She has litigated Clean Water Act cases involving National Pollutant Discharge Elimination System ("NPDES") permitting, including storm water permitting, as well as section 404 wetlands ("dredge and fill") permitting, antidegradation policies, the total maximum daily load ("TMDL") program, state water quality certification requirements, and Endangered Species Act consultation in connection with EPA action under the Clean Water Act. Some of the more significant policy-related Clean Water Act cases include the successful challenge to aspects of EPA's NPDES regulations for concentrated animal feeding operations ("CAFOs"), Waterkeeper Alliance, Inc. v. EPA, 399 F.3d 486 (2nd Cir. 2005), the successful defense of EPA's current general permit for construction-related storm water discharges, Texas Independent Royalty Producers and Owners Ass'n v. EPA, 410 F.3d 964 (7th Cir. 2005), and on-going litigation concerning EPA's 2008 revised CAFO rules, National Pork Producers Council, et al. v. EPA, No. 08-61093 (5th Cir.), and administrative reporting exemption from EPCRA release reporting requirements, Waterkeeper Alliance, et al. v. EPA, No. 09-1017 (D.C. Cir.). Ellen has defended against numerous administrative and judicial enforcement actions under the Clean Water Act and other environmental laws, including citizens' suits alleging violations of hazardous substance release reporting requirements, as well as citizen claims for RCRA "imminent and substantial endangerment" and open dumping. She has litigated NEPA cases, defending federal projects from challenges to the adequacy of environmental impact analyses, and has extensive experience in Superfund contribution and cost recovery litigation.
Ellen's regulatory counseling and permitting expertise includes Clean Water Act permitting and compliance (related to both NPDES and section 404 dredge and fill regulation), as well as counseling on a variety of issues concerning the regulation of chemical substances, site remediation under the Superfund National Contingency Plan, hazardous substance release reporting, hazardous waste management, and pesticide regulation. She regularly prepares formal comments and engages in administrative advocacy related to EPA initiatives concerning NPDES permitting rules and permit issuance, water quality standards, effluent limitations guidelines, and TMDLs.
She serves as a vice-chair of the Agricultural Management Committee within the ABA's Section of Environment, Energy, and Resources. She is a member of the bars of the Supreme Court of the United States, various federal appellate courts, the District of Columbia, and North Carolina.
CoFounder, RightsClick
Steven’s extensive background in IP law and policy began as an attorney for the U.S. Senate Judiciary Committee, after which, he served as senior counsel for Policy and International Affairs at the U.S. Copyright Office and then as Chief Intellectual Property Counsel for the Global Intellectual Property Center of the U.S. Chamber of Commerce. Before co-founding RightsClick, he started the IP consultancy Sentinel Worldwide, and teaches copyright law at George Washington University Law School.
Partner, Williams & John LTD
David L. Applegate is a partner of Williams & John Ltd., where he chairs the firm's intellectual property practice group and is a member of the commercial litigation practice group. He focuses his practice on patent, trademark, copyright, trade secret, unfair competition, and business litigation and arbitration, and on U. S. Supreme Court and related amicus brief practice.
Mr. Applegate is a Fellow of Litigation Counsel of America, the Intellectual Property Institute, and the Diversity Law Institute; a Senior Master Member of the Richard Linn American Inn of Court; a Past President of the Chicago Lincoln American Inn of Court; and a Legal Policy Advisor to The Heartland Institute. He is "AV Preeminent" peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for both ethical standards and legal ability, and has been named by his peers for inclusion in Illinois Leading Lawyers and IllinoisSuper Lawyers in both commercial and intellectual property litigation for decades.
Throughout his career, Mr. Applegate has represented corporations and individuals as both plaintiffs and defendants in state and federal litigation at the trial and appellate levels. He has tried multiple cases to verdict in both jury and bench trials nationwide and has argued appeals in the Illinois appellate courts and the U.S. Court of Appeals for the Seventh and Federal Circuits; his amicus brief was cited twice in the U. S. Supreme Court’s 5-4 majority opinion in the Janus case. Mr. Applegate also has extensive commercial arbitration and private mediation experience in both national and international dispute resolution forums, and is a former member of the Chicago International Dispute Resolution Association. In 2001, the U. S. District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association recognized him for his outstanding individual commitment to pro bono service to indigent clients throughout the Northern District of Illinois.
In addition to his legal practice, Mr. Applegate has written and spoken frequently on matters of law and public policy, including on both local and national television and radio. He is an avid collector and amateur historian of original comic strip and editorial cartoon art, and has written extensively in that field as well for over three decades.
Executive Director, Salmon P. Chase Center for Civics, Culture, and Society, The Ohio State University
Professor Lee J. Strang serves as the inaugural executive director of the Salmon P. Chase Center for Civics, Culture, and Society at The Ohio State University.
Initiated in 2023 by the state of Ohio, the Chase Center will be an academic home at Ohio State for teaching, research, and programing on the foundations of the American constitutional order and its impact on society. As executive director, Professor Strang is responsible for organizing the center, overseeing the hiring and appointment of the center’s faculty, developing curriculum, and delivering student and academic programming. He also holds a faculty appointment in the Moritz College of Law at Ohio State.
Professor Strang is a nationally recognized legal scholar who has published dozens of articles in leading journals in the fields of constitutional law and interpretation, property law, and religion and the First Amendment. He co-edits the textbook Federal Constitutional Law, and his most recent book, Originalism’s Promise: A Natural Law Account of the American Constitution is the first book-length, natural law justification for originalism. He currently is writing on civic thought and leadership, and he is finalizing a book on the history of American Catholic legal education (with John M. Breen).
Before joining Ohio State, Professor Strang served as the inaugural director of the University of Toledo’s Institute of American Constitutional Thought & Leadership. He joined the Toledo College of Law faculty in 2008, was granted tenure in 2010, and was named John W. Stoepler Professor of Law & Values in 2015. The University of Toledo awarded Professor Strang its Outstanding Faculty Research and Scholarship Award in 2017. Before that, he was a visiting professor at Michigan State University College of Law. A graduate of the University of Iowa, where he was articles editor of the Iowa Law Review and Order of the Coif, Professor Strang holds an LL.M. degree from Harvard Law School.
Professor Strang has been a visiting scholar at the Georgetown Center for the Constitution and a visiting fellow at the James Madison Program at Princeton University. In 2016, he was appointed to the Ohio Advisory Committee of the U.S. Commission on Civil Rights and reappointed as chair in 2023.
Prior to teaching, Professor Strang served as a judicial clerk for Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit. He was also an associate for Jenner & Block LLP in Chicago, where he practiced in general and appellate litigation.
Professor Strang is a frequent presenter at scholarly conferences. He is the president of the Board of Trustees of Northwest Ohio Classical Academy, Ohio’s first classical charter school. He is also a regular participant in debates at law schools across the country, a contributor to the media, and a speaker to political, civic, and religious groups.
Attorney and Legal Commentator
John Shu is an attorney and legal commentator. His focus areas include constitutional law, securities & corporate law, antitrust law, administrative law, politics, and international affairs. Mr. Shu has lectured and published on a wide variety of issues.
Mr. Shu served President George H.W. Bush and President George W. Bush. He also served Judge Stanley Sporkin, U.S. District Court for the District of Columbia, who was Director of Enforcement at the U.S. Securities & Exchange Commission and General Counsel at the Central Intelligence Agency, and Judge Paul Roney, U.S. Court of Appeals for the Eleventh Circuit, who was Presiding Judge of the Foreign Intelligence Surveillance Court of Review.
Mr. Shu is a member of the National Committee on U.S. -Â China Relations, the Pacific Council on International Policy, and the Foreign Policy Association.
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Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Smith has authored over 40 articles on campaign finance reform, appearing in academic publications such as the Yale Law Journal and Georgetown Law Journal, and popular publications such as The Wall Street Journal, USA Today, and National Review. He has appeared on The O’Reilly Factor, Hardball with Chris Matthews, Bill Moyers Journal, the Lehrer News Hour, Fox News Special Report, ABC News, Washington Journal, and numerous other national and local television and radio programs.
As an FEC Commissioner, Smith won plaudits for his integrity and refusal to put partisan interests ahead of his duties, as well as his steadfast support for free speech. For his honesty and integrity, the Wall Street Journal dubbed him, “the only honorable man in this bordello.” Smith now serves as the Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law at Capital University Law School. He has won numerous awards for his scholarship and teaching, and is a past member of the Advisory Committee to the American Bar Association’s Standing Committee on Election Law. He currently serves on the Editorial Board of the Election Law Journal, and the Editorial Advisory Board of the Harvard Journal of Law and Public Policy. Smith also serves on the Board of Trustees of the Buckeye Institute for Public Policy Studies, is a senior fellow at the Goldwater Institute and is a member of the Board of Scholars of the Mackinac Center for Public Policy. Smith is a cum laude graduate of Harvard Law School and Kalamazoo College and holds an honorary doctorate from Augustana College.
Carmack Waterhouse Professor of Constitutional Law, Georgetown Law
After graduating from Harvard Law School in 1971, Professor Seidman served as a law clerk for J. Skelly Wright of the D.C. Circuit and U.S. Supreme Court Justice Thurgood Marshall. He then was a staff attorney with the D.C. Public Defender Service until joining the Law Center faculty in 1976. He teaches a variety of courses in the fields of constitutional and criminal law. He is co-author of a constitutional law casebook and the author of many articles concerning criminal justice and constitutional law. His most recent books are Silence and Freedom (Stanford 2007), Our Unsettled Constitution: A New Defense of Constitutionalism and Judicial Review (Yale 2001) and Equal Protection of the Laws (Foundation 2002).
Counsel, The Judicial Confirmation Network
Wendy Long is legal counsel to the Judicial Confirmation Network. Until March 2005, she was a litigation partner in the New York office of Kirkland & Ellis LLP. Wendy was a law clerk to U.S. Supreme Court Justice Clarence Thomas and to Judge Ralph Winter of the U.S. Court of Appeals for the Second Circuit in New York. She is a graduate of Northwestern University School of Law, cum laude and Order of the Coif, where she was articles editor of the Northwestern University Law Review, and of Dartmouth College. She previously served as a press secretary in the U.S. Senate, for former U.S. Senator Bill Armstrong (R-Colo.) and former U.S. Senator Gordon Humphrey (R-N.H.).
Director, William E. and Carol G. Simon Center on Religion and t, The Witherspoon Institute
Matthew J. Franck is the Director of the William E. and Carol G. Simon Center on Religion and the Constitution at the Witherspoon Institute in Princeton, New Jersey. He is Professor Emeritus of Political Science at Radford University, in Virginia, where he taught constitutional law, American politics, and political philosophy from 1989 to 2010, and was Chairman of the Department of Political Science from 1995 to 2010. He is also a Visiting Lecturer in Politics at Princeton University.
Professor Franck earned his B.A. in political science from Virginia Wesleyan College, and his M.A. and Ph.D. in political science from Northern Illinois University. He has taught at Marquette University and Southern Illinois University, and was a Fulbright Professor of American Studies at the Graduate School of International Studies, Yonsei University, Seoul, Korea, in 1998, and a Visiting Fellow in the James Madison Program in American Ideals and Institutions at Princeton University, in 2008-09.
He is the author, editor of, or contributor to several books on religious freedom, constitutional law, the Supreme Court, and American politics, and has published essays and reviews in numerous academic journals, as well as many general-interest articles and commentaries in newspapers, magazines, and online, including the Washington Post, First Things, National Review, and Public Discourse, the daily online essay publication of the Witherspoon Institute.
Professor Franck is a regular blogger on National Review Online’s “Bench Memos” page and the “First Thoughts” page at First Things magazine, and has appeared numerous times on Bill Bennett’s “Morning in America” radio show, as well as on CNN, Fox News Channel, NPR, and Relevant Radio.
Partner, Goldstein & Russell PC
Thomas C. Goldstein has argued 28 cases before the Supreme Court, including matters involving federal patent law, class action practice, labor and employment, and disability law. In addition to practicing law, Tom teaches Supreme Court Litigation at Harvard Law School and taught at Stanford Law School as well from 2004-2012.
In the Supreme Court and elsewhere, Mr. Goldstein litigates and advises clients in a broad range of issues. For example, he regularly litigates and lectures on questions of federal patent law. Mr. Goldstein frequently advises clients, litigates, and consults on legislative matters relating to the First Amendment. And he regularly represents parties in questions relating to the game of poker, including its lawfulness as a matter of federal and state law. Tom's clients include plaintiffs, criminal defendants, and major corporations such as BG Group, Home Depot, Humana, IMS Health, Nike, PokerStars, POM Wonderful, and Pemex.
In addition to practicing law, Tom founded, and is the publisher of, SCOTUSblog, which in 2013 became the only weblog ever to receive the Peabody Award for excellence in electronic media. It also won the 2013 Society of Professional Journalists (Sigma Delta Chi) prize for deadline reporting for its coverage of the Supreme Court’s healthcare ruling. In 2010, it became the first blog to receive the American Bar Association’s Silver Gavel Award for fostering the American public’s understanding of law and the legal system.
Tom has been repeatedly recognized as a leading member of the bar. In 2010, The National Law Journal named him one of the 40 most influential lawyers of the decade; Tom notably was ten years younger than any other law firm partner listed. Legal Times named him one of the “90 Greatest Washington Lawyers of the Last 30 Years” and praised him for “transforming the practice” of law before the Supreme Court. He is also included in both of the National Law Journal’s most recent lists of the nation’s 100 most influential lawyers (2006 and 2013). He has been repeatedly recognized as one of the nation’s top appellate advocates. GQ Magazine named him one of the 50 most powerful people in Washington, D.C.
Tom is an elected Fellow of the American Academy of Appellate Lawyers, and a member of the American Law Institute. He is involved with a number of professional organizations. He serves as the vice chair of the Amicus Committee of the ABA’s Intellectual Property Section and previously served for two years on the ABA’s Standing Committee on Amicus Curiae Briefs. In those capacities, he has authored several Supreme Court amicus briefs for the ABA. In addition, Tom serves on the boards of advisors of the Washington Legal Foundation and the Georgetown University Supreme Court Institute.
Before founding Goldstein & Howe in 1999, Tom practiced law at Boies & Schiller, LLP and at Jones Day Reavis & Pogue. Tom left the firm he founded in 2006 to create the Supreme Court Practice at Akin, Gump, Strauss, Hauer & Feld, where he also was a partner and principal co-chair of the firmwide litigation practice. He returned to what is now Goldstein & Russell in 2011.
Tom clerked for the Honorable Patricia M. Wald of the U.S. Court of Appeals for the D.C. Circuit.
Associate Professor of Law, University of Colorado Law School
Scott Moss joined CU Law School in 2007 after six years as an attorney in New York City and three years as a professor at Marquette Law School, where he was the 2007 recipient of the James D. Ghiardi Faculty Award for Outstanding Teaching, Student Body Support, and Scholarship. In New York, Professor Moss was a law clerk to U.S. District Judge Constance Baker Motley and then a plaintiff's employment lawyer at Outten & Golden LLP, the largest plaintiff-side employment law practice in the country, where he litigated individual and class action cases of discrimination, harassment, and minimum/overtime wage violations. He also has argued and briefed appeals of employment cases and has undertaken pro bono projects such as First Amendment right-to-protest litigation with the New York Civil Liberties Union, low-income worker clinics in lower Manhattan, and court-sponsored mediations for pro se litigants. Professor Moss received his J.D. (magna cum laude) in 1998 from Harvard Law School, where he was a Senior Editor of the Harvard Civil Rights-Civil Liberties Law Review; his B.A. (Economics) and M.A. (Media Studies) are from Stanford University. Professor Moss's research interests have included employment law, discrimination, constitutional law, various civil procedure rules, and economic analysis of all of the preceding topics.
B.A., Stanford
M.A., Stanford
J.D., Harvard
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.
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.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/​adviser to the Multi-​National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
This Much Is Clear: The Failure to Recognize Statutory Ambiguity in National Cotton Council v. EPA
Ellen Steen, Jessica A. Hall
The Sixth Circuit recently struck down an EPA Clean Water Act (CWA) regulation that sought...
The Constitutional Challenge to Statutory Damages for Copyright Infringment: Don’t Gore Section 504
Steven M. Tepp
In its 1996 decision in BMW v. Gore, the Supreme Court read the Due Process...
In re Bilski: Letter to the Editor and Response
David L. Applegate
David L. Applegate concludes in “In re Bilski: Business Method Patents Transformed?” (Engage 10, no....
SCOTUScast 7-20-09 featuring Lee Strang
Lee J. Strang
Pleasant Grove City v. Summum
On Wednesday, February 25, the Supreme Court announced its decision in Pleasant Grove City v....
SCOTUScast 7-20-09 featuring John Shu
John Shu
Nijhawan v. Holder
On Monday, June 15, the Supreme Court announced its decision in Nijhawan v. Holder. In...
SCOTUScast 7-19-09 featuring Peter Jaffe
Peter Jaffe
Abuelhawa v. United States
On Tuesday, May 26, the Supreme Court announced its decision in Abuelhawa v. United States....
SCOTUScast 7-19-09 featuring Bradley Smith
Bradley A. Smith
Caperton v. A.T. Massey Coal Company
On Monday, June 8, the Supreme Court announced its decision in Caperton v. A.T. Massey...
The Sotomayor Nomination, Part III
Louis Michael Seidman, Wendy Long, Matthew J. Franck, Thomas C. Goldstein, Scott Moss, David R. Stras, Edward Whelan
Online Debate
On May 26th, President Obama nominated Sonia Sotomayor to replace David Souter as an Associate...
Engage Volume 10, Issue 2, July 2009
*Online-Only Issue* Special Edition: Templeton Debates Making Sense of the Establishment Clause Jeffrey Shulman The...
SCOTUScast 7-15-09 featuring Ilya Shapiro
Ilya Shapiro
Safford Unified School District v. Redding
On Thursday, June 25, the Supreme Court announced its decision in Safford Unified School District...