Attorney, Rathje Woodward LLC
Brian Murray is a first-chair trial and appellate lawyer with a nationwide practice, practicing at Rathje Woodward LLC. A former law clerk to Justice Antonin Scalia, he represents companies and individuals in complex commercial litigation, class actions and civil government enforcement and regulatory matters. In addition, Brian has briefed over a hundred appeals, and has personally argued over 30 of them — including cases before the U.S. Supreme Court, nearly every federal court of appeals, and a number of state supreme and intermediate appellate courts. Brian also served as Deputy to the Associate Attorney General for the United States Department of Justice. In this senior leadership office at the DOJ, Brian counseled Department and executive branch principals and helped formulate policies and strategies for investigating, litigating, and resolving civil regulatory and enforcement matters. Brian relies on his deep experience in guiding his clients through pressing legal challenges.
Brian is routinely called upon to present clients’ most complex and business-critical matters to tribunals nationwide. Notable first-chair jury trial wins include a full defense verdict in a sprawling civil rights class action against the City of Chicago. Key appellate wins include a victory at the Supreme Court that changed the course of CERCLA law, and multiple wins in courts across the country for pharmaceutical companies combatting consumer fraud claims related to drug pricing. Other engagements over the last twenty years have included matters involving environmental, consumer fraud, RICO, antitrust, Title VII, the FAA, and other statutory and common-law claims; enforcement litigation involving the False Claims Act, environmental, and constitutional claims; and other complex civil matters.
Brian has taught Complex Litigation and Class Actions at the University of Chicago Law School for almost a decade. He is a member of the Seventh Circuit Bar Association, the Chicago-Lincoln and Robert Jones American Inns of Court, and the Illinois Appellate Lawyers’ Association. His work has been featured in The Wall Street Journal, New York Times, Washington Post, Chicago Tribune, and on PBS’s Chicago Tonight.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Judge, United States Court of Appeals, Fifth Circuit
James C. Ho is a Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit. Before taking the bench on January 4, 2018, he was a partner and co-chair of the national Appellate and Constitutional Law practice group of Gibson, Dunn & Crutcher LLP.
As an appellate litigator for over a decade, including three years as the Solicitor General of Texas, Judge Ho presented 50 oral arguments in federal and state courts nationwide. He won numerous appeals, including three merits cases at the U.S. Supreme Court. He was routinely ranked among the nation’s leading lawyers by Benchmark, Chambers, Law360, The Legal 500, and The National Law Journal, among other publications. His work has been cited favorably by courts at every level of both the federal and state judiciaries. He won a Best Brief Award from the National Association of Attorneys General for every year that he served as solicitor general, and he is the only state solicitor general in history to be invited by the U.S. Supreme Court to express the views of a state.
Judge Ho has served in all three branches of the federal government. On the Senate Judiciary Committee, he served as chief counsel of the Subcommittees on the Constitution and Immigration under Senator John Cornyn. At the Justice Department, he served as Special Assistant to the Assistant Attorney General for Civil Rights and an attorney-advisor at the Office of Legal Counsel. He clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and Justice Clarence Thomas of the U.S. Supreme Court.
His record of public service also includes appointments as vice chair of the Federal Judicial Evaluation Committee in Texas and co-chair of the National Asian Pacific American Bar Association Judiciary Committee, and as a member of the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas, the U.S. delegation to the United Nations Committee on the Elimination of Racial Discrimination, and the Continuity of Government Commission.
In addition, Judge Ho has served as an Adjunct Professor of Law at the University of Texas School of Law, where he taught seminars on U.S. Supreme Court Litigation and Religious Liberty. He has authored numerous articles in respected law reviews nationwide, including an annual feature on exemplary judicial writing for The Green Bag Almanac & Reader. He previously served as senior editor of The Green Bag and as co-editor of Pub. L. Misc.
Judge Ho graduated from Stanford University with honors and a B.A. in Public Policy in 1995, and the University of Chicago Law School with high honors in 1999. Before law school, he was a legislative aide to California State Senator Quentin Kopp. He and his wife Allyson live in Dallas, Texas, with their twin daughter and son.
Author, The Indispensable Electoral College: How the Founders’ Plan Saves Our Country from Mob Rule and Enlightened Democracy: The Case for the Electoral College
Tara Ross is nationally recognized for her expertise on the Electoral College. She is the author of Why We Need the Electoral College (2019), The Indispensable Electoral College: How the Founders’ Plan Saves Our Country from Mob Rule (2017), We Elect A President: The Story of our Electoral College (2016), and Enlightened Democracy: The Case for the Electoral College (2d ed. 2012). She is also the author of She Fought Too: Stories of Revolutionary War Heroines (2019), and a co-author of Under God: George Washington and the Question of Church and State (2008) (with Joseph C. Smith, Jr.). Her Prager University video, Do You Understand the Electoral College?, is Prager’s most-viewed video ever, with more than 60 million views.
Tara often appears as a guest on a variety of talk shows nationwide, and she regularly addresses civic, university, and legal audiences. She’s contributed to several law reviews and newspapers, including the National Law Journal, USA Today, the Washington Examiner, The Hill, The Washington Times, and FoxNews.com. She’s appeared before institutions such as the Cooper Union, Brown University, the Dole Institute of Politics, and Mount Vernon. She’s appeared on Fox News, CSPAN, NPR, and a variety of other national and local shows.
Tara is a retired lawyer and a former Editor-in-Chief of the Texas Review of Law & Politics. She obtained her B.A. from Rice University and her J.D. from the University of Texas School of Law. She resides in Dallas with her husband and children.
Partner, Davis Polk & Wardwell LLP
Kannon is the head of our Supreme Court & Appellate practice. He has argued 39 cases before the U.S. Supreme Court and has argued more than 150 appeals in courts across the country, including every federal court of appeals and numerous state courts.
Kannon is ranked as a “Star Individual” in appellate law by Chambers USA, where a client notes, “It’s hard to think of enough superlatives to describe his talent, his judgment, his ability, his experience – he is as good as it gets.” Legal 500 U.S. recognizes Kannon in its Hall of Fame for appellate work. A client shares, “His work is the best in the business, and he is a wonderful human being in addition to being a world-class appellate litigator.”
In 2024 and 2022, Kannon was a finalist for the American Lawyer’s “Litigator of the Year” award. He was named “Appellate Litigator of the Year” by Benchmark Litigation in 2021 and was a 2026 finalist for that recognition.
Before entering private practice, Kannon served as an Assistant to the Solicitor General at the U.S. Department of Justice.
Judge, United States Court of Appeals, Fifth Circuit
James C. Ho is a Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit. Before taking the bench on January 4, 2018, he was a partner and co-chair of the national Appellate and Constitutional Law practice group of Gibson, Dunn & Crutcher LLP.
As an appellate litigator for over a decade, including three years as the Solicitor General of Texas, Judge Ho presented 50 oral arguments in federal and state courts nationwide. He won numerous appeals, including three merits cases at the U.S. Supreme Court. He was routinely ranked among the nation’s leading lawyers by Benchmark, Chambers, Law360, The Legal 500, and The National Law Journal, among other publications. His work has been cited favorably by courts at every level of both the federal and state judiciaries. He won a Best Brief Award from the National Association of Attorneys General for every year that he served as solicitor general, and he is the only state solicitor general in history to be invited by the U.S. Supreme Court to express the views of a state.
Judge Ho has served in all three branches of the federal government. On the Senate Judiciary Committee, he served as chief counsel of the Subcommittees on the Constitution and Immigration under Senator John Cornyn. At the Justice Department, he served as Special Assistant to the Assistant Attorney General for Civil Rights and an attorney-advisor at the Office of Legal Counsel. He clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and Justice Clarence Thomas of the U.S. Supreme Court.
His record of public service also includes appointments as vice chair of the Federal Judicial Evaluation Committee in Texas and co-chair of the National Asian Pacific American Bar Association Judiciary Committee, and as a member of the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas, the U.S. delegation to the United Nations Committee on the Elimination of Racial Discrimination, and the Continuity of Government Commission.
In addition, Judge Ho has served as an Adjunct Professor of Law at the University of Texas School of Law, where he taught seminars on U.S. Supreme Court Litigation and Religious Liberty. He has authored numerous articles in respected law reviews nationwide, including an annual feature on exemplary judicial writing for The Green Bag Almanac & Reader. He previously served as senior editor of The Green Bag and as co-editor of Pub. L. Misc.
Judge Ho graduated from Stanford University with honors and a B.A. in Public Policy in 1995, and the University of Chicago Law School with high honors in 1999. Before law school, he was a legislative aide to California State Senator Quentin Kopp. He and his wife Allyson live in Dallas, Texas, with their twin daughter and son.
Author, The Indispensable Electoral College: How the Founders’ Plan Saves Our Country from Mob Rule and Enlightened Democracy: The Case for the Electoral College
Tara Ross is nationally recognized for her expertise on the Electoral College. She is the author of Why We Need the Electoral College (2019), The Indispensable Electoral College: How the Founders’ Plan Saves Our Country from Mob Rule (2017), We Elect A President: The Story of our Electoral College (2016), and Enlightened Democracy: The Case for the Electoral College (2d ed. 2012). She is also the author of She Fought Too: Stories of Revolutionary War Heroines (2019), and a co-author of Under God: George Washington and the Question of Church and State (2008) (with Joseph C. Smith, Jr.). Her Prager University video, Do You Understand the Electoral College?, is Prager’s most-viewed video ever, with more than 60 million views.
Tara often appears as a guest on a variety of talk shows nationwide, and she regularly addresses civic, university, and legal audiences. She’s contributed to several law reviews and newspapers, including the National Law Journal, USA Today, the Washington Examiner, The Hill, The Washington Times, and FoxNews.com. She’s appeared before institutions such as the Cooper Union, Brown University, the Dole Institute of Politics, and Mount Vernon. She’s appeared on Fox News, CSPAN, NPR, and a variety of other national and local shows.
Tara is a retired lawyer and a former Editor-in-Chief of the Texas Review of Law & Politics. She obtained her B.A. from Rice University and her J.D. from the University of Texas School of Law. She resides in Dallas with her husband and children.
Partner, Davis Polk & Wardwell LLP
Kannon is the head of our Supreme Court & Appellate practice. He has argued 39 cases before the U.S. Supreme Court and has argued more than 150 appeals in courts across the country, including every federal court of appeals and numerous state courts.
Kannon is ranked as a “Star Individual” in appellate law by Chambers USA, where a client notes, “It’s hard to think of enough superlatives to describe his talent, his judgment, his ability, his experience – he is as good as it gets.” Legal 500 U.S. recognizes Kannon in its Hall of Fame for appellate work. A client shares, “His work is the best in the business, and he is a wonderful human being in addition to being a world-class appellate litigator.”
In 2024 and 2022, Kannon was a finalist for the American Lawyer’s “Litigator of the Year” award. He was named “Appellate Litigator of the Year” by Benchmark Litigation in 2021 and was a 2026 finalist for that recognition.
Before entering private practice, Kannon served as an Assistant to the Solicitor General at the U.S. Department of Justice.
Gay Marriage and the Federal Judicial Nomination Process
David S. Petron, Brian J. Murray
Last year saw momentous advances in civil rights for homosexual persons. First, in Lawrence v....
Nationwide Class Action Litigation (Oklahoma)
Publius
The Oklahoma Supreme Court recently handed down a decision upholding the certification of a nationwide...
Education Policy (New York)
Publius
Campaign for Fiscal Equity Inc. et. al. v. The State of New York, et. al.
The New York Court of Appeals, which is the highest State Court in New York...
Champerty and Maintenance (Ohio)
Publius
The Supreme Court of Ohio applied the state’s common law doctrines of champerty and maintenance...
Extraterritorial Application of State Antitrust Law (Texas)
Publius
In a recent opinion affirming a jury verdict against The Coca-Cola Company and several Coca-Cola...
Tort And Federal Preemption (Florida)
Publius
The Florida state court system recently closed its books on an important tort and federal...
Judicial Interpretation and Separation of Powers (California)
Publius
Scott Co. of California v. United States Fidelity & Guaranty Ins. Co.
A recent California decision respecting the reach of that state’s motion for reconsideration rule presented...
Judicial Recess Appointments: A Survey of the Arguments
Stuart Buck, Brett H. McGurk, James C. Ho, Tara Ross, Kannon K. Shanmugam
This paper considers the President’s power to make recess appointments to the federal judiciary. Part...
Judicial Recess Appointments: A Survey of the Arguments
Stuart Buck, Brett H. McGurk, James C. Ho, Tara Ross, Kannon K. Shanmugam
This paper considers the President’s power to make recess appointments to the federal judiciary. Part...
Bar Watch Bulletin January 2004
2004 Midyear Preview, Tort Reform
--The American Bar Association Midyear Meetings are scheduled from February 5-10 in San Antonio. Once...