Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
Senior Partner, Pines Bach LLP
Lester Pines is a Senior Partner in the firm.
A Fellow of the American College of Trial Lawyers, he is a respected civil and criminal litigator and appellate advocate. In his over 40 years of practice, he has appeared in trial and appellate courts throughout Wisconsin, in numerous federal district courts, and before the federal 7th Circuit Court of Appeals. After a recent trial, one of Lester’s clients wrote:
"Seeing you in action was like watching an artist create a classic painting from a blank canvas but instead of paint you used facts, figures and, most importantly, words to achieve a masterpiece in the courtroom."
His wide-ranging civil trial practice encompasses commercial claims, employment disputes, constitutional and civil rights matters, personal injury and intellectual property cases. His criminal defense work has involved many high profile cases, especially involving teachers, police officers and other public employees. He is counsel to Madison Teachers Inc., which represents the employees of the Madison Metropolitan School District.
Recently, Lester was featured in a cover story in Isthmus, a Madison weekly newspaper, " Activist Attorney – Lester Pines draws on faith and family in his practice and beyond."
Recent challenges to the constitutionality of newly enacted laws that Lester brought on behalf of his clients include:
Previously, in cases in which he was appointed by former Wisconsin Governor Jim Doyle, Lester defended Wisconsin’s law creating domestic partnerships for same sex couples and stopped an attempt by then Attorney General J.B. Van Hollen to suppress voting in the 2008 Presidential election.
Among the many cases Lester has argued before the Wisconsin Supreme Court, two in particular have shaped Wisconsin law. In 2010 he represented the Zurich American Insurance Company inMiller v. Hanover Insurance, securing the reversal of a $2,000,000 default judgment against his client and achieving a significant change in Wisconsin law regarding relief from such judgments. In an original action in 1996, he successfully argued the case of Thompson v. Craney, which delineated the constitutionally vested powers of the State Superintendent of Public Instruction and protected them from being altered by the Legislature, which the Wisconsin Supreme Court reaffirmed in 2016 in Coyne v. Walker.
Partner, Eimer Stahl LLP
Ryan is a partner at Eimer Stahl LLP and is based in the firm’s Madison office. He focuses his practice on appellate and complex litigation in a wide variety of areas, including antitrust, constitutional law, corporate law, environmental, ERISA, products liability, and white collar. As part of his practice, Ryan devotes significant time to matters of legal strategy and the art of written and oral advocacy.
Ryan previously served as Chief Deputy Solicitor General of Wisconsin, securing numerous wins in the Supreme Court of the United States, in three federal courts of appeal, and in the state supreme court. Ryan built national, bipartisan coalitions of attorneys general and agencies in support of several lawsuits and briefing efforts, including a Wisconsin-led, 12-state coalition whose suit against the Federal Communications Commission prompted that agency to reverse a major new rule. When he left government, Ryan had a perfect win record in all of his cases to have reached final judgment.
Earlier in his career, Ryan worked in Washington D.C. as an associate in the appellate group of one of the world’s largest law firms.
Ryan also served as a law clerk on the U.S. Supreme Court for the Honorable Antonin Scalia and on the U.S. Court of Appeals for the Ninth Circuit for the Honorable Diarmuid F. O’Scannlain.
Ryan was named to Forbes’ “30 Under 30: Law and Policy” list in 2017. His briefing has won awards from the National Association of Attorneys General and the International Municipal Lawyers Association. He has also won a “best brief” accolade from the State Bar of Wisconsin in the civil category for his written work defending Wisconsin’s right-to-work law.
Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
Senior Partner, Pines Bach LLP
Lester Pines is a Senior Partner in the firm.
A Fellow of the American College of Trial Lawyers, he is a respected civil and criminal litigator and appellate advocate. In his over 40 years of practice, he has appeared in trial and appellate courts throughout Wisconsin, in numerous federal district courts, and before the federal 7th Circuit Court of Appeals. After a recent trial, one of Lester’s clients wrote:
"Seeing you in action was like watching an artist create a classic painting from a blank canvas but instead of paint you used facts, figures and, most importantly, words to achieve a masterpiece in the courtroom."
His wide-ranging civil trial practice encompasses commercial claims, employment disputes, constitutional and civil rights matters, personal injury and intellectual property cases. His criminal defense work has involved many high profile cases, especially involving teachers, police officers and other public employees. He is counsel to Madison Teachers Inc., which represents the employees of the Madison Metropolitan School District.
Recently, Lester was featured in a cover story in Isthmus, a Madison weekly newspaper, " Activist Attorney – Lester Pines draws on faith and family in his practice and beyond."
Recent challenges to the constitutionality of newly enacted laws that Lester brought on behalf of his clients include:
Previously, in cases in which he was appointed by former Wisconsin Governor Jim Doyle, Lester defended Wisconsin’s law creating domestic partnerships for same sex couples and stopped an attempt by then Attorney General J.B. Van Hollen to suppress voting in the 2008 Presidential election.
Among the many cases Lester has argued before the Wisconsin Supreme Court, two in particular have shaped Wisconsin law. In 2010 he represented the Zurich American Insurance Company inMiller v. Hanover Insurance, securing the reversal of a $2,000,000 default judgment against his client and achieving a significant change in Wisconsin law regarding relief from such judgments. In an original action in 1996, he successfully argued the case of Thompson v. Craney, which delineated the constitutionally vested powers of the State Superintendent of Public Instruction and protected them from being altered by the Legislature, which the Wisconsin Supreme Court reaffirmed in 2016 in Coyne v. Walker.
Partner, Eimer Stahl LLP
Ryan is a partner at Eimer Stahl LLP and is based in the firm’s Madison office. He focuses his practice on appellate and complex litigation in a wide variety of areas, including antitrust, constitutional law, corporate law, environmental, ERISA, products liability, and white collar. As part of his practice, Ryan devotes significant time to matters of legal strategy and the art of written and oral advocacy.
Ryan previously served as Chief Deputy Solicitor General of Wisconsin, securing numerous wins in the Supreme Court of the United States, in three federal courts of appeal, and in the state supreme court. Ryan built national, bipartisan coalitions of attorneys general and agencies in support of several lawsuits and briefing efforts, including a Wisconsin-led, 12-state coalition whose suit against the Federal Communications Commission prompted that agency to reverse a major new rule. When he left government, Ryan had a perfect win record in all of his cases to have reached final judgment.
Earlier in his career, Ryan worked in Washington D.C. as an associate in the appellate group of one of the world’s largest law firms.
Ryan also served as a law clerk on the U.S. Supreme Court for the Honorable Antonin Scalia and on the U.S. Court of Appeals for the Ninth Circuit for the Honorable Diarmuid F. O’Scannlain.
Ryan was named to Forbes’ “30 Under 30: Law and Policy” list in 2017. His briefing has won awards from the National Association of Attorneys General and the International Municipal Lawyers Association. He has also won a “best brief” accolade from the State Bar of Wisconsin in the civil category for his written work defending Wisconsin’s right-to-work law.
Chief Economist, The Phoenix Center for Advanced Legal & Economic Public Policy Studies
George S. Ford is the chief economist for the Phoenix Center for Advanced Legal and Economic Public Policy Studies, a nonprofit 501(c)(3) research organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age.
President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
Lawrence J. Spiwak is President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, a non-profit 501(c)(3) organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age. Mr. Spiwak is a prolific scholar whose work is frequently cited by policymakers, major news media and academic journals around the world, and is in the top 1.3%of authors downloaded on the Social Science Research Network. Mr. Spiwak currently serves as the co-chair of the Federal Communications Bar Association’s (FCBA) committee responsible for overseeing the FEDERAL COMMUNICATIONS LAW JOURNAL and is a member of the program committee of the Telecommunications Policy Research Conference (“TPRC”). Mr. Spiwak is also the recipient of the FCBA’s Distinguished Service Award. Prior to joining the Phoenix Center, Mr. Spiwak was a Senior Attorney with the Competition Division in the FCC’s Office of General Counsel from 1994-1998. While in college, Mr. Spiwak was accepted into the Presidential Stay-In School program where he was responsible for delivering classified and confidential material among senior White House and Reagan Administration officials and received a full FBI security clearance. Mr. Spiwak received his B.A. with Special Honors from the George Washington University and his J.D. from the Benjamin N. Cardozo School of Law. Mr. Spiwak is a member in good standing of the bars of New York, Massachusetts, the District of Columbia, and the U.S. Court of Appeals for the D.C. Circuit.
Partner, Bracewell LLP
Jeffrey Holmstead, former assistant administrator of the United States Environmental Protection Agency for Air and Radiation, is one of the nation’s leading climate change lawyers as recognized by Chambers USA (2008-2016) and heads the environmental strategies group (ESG) at Bracewell. The ESG is a multi-disciplinary group that includes environmental and energy attorneys, public policy advocates and strategic communications experts – most of whom have had high-level government experience. Under Jeffrey’s leadership, they work together on a daily basis to advise and defend companies and business groups confronting major environmental and energy-development challenges, both domestically and globally.
From his time in both the government and the private sector, Jeffrey is very familiar with the environmental and energy challenges facing the business community. He advises clients dealing with an increasingly complex regulatory, legal and public relations landscape, drawing on his experience in policy development, administrative and legislative advocacy, litigation and strategic communications. He has worked with clients in a number of industries on issues related to climate change, Clean Air Act policy and enforcement, and energy policy — including the development of new coal-fired power plants, refineries, renewable energy sources, and electric transmission infrastructure.
Jeffrey headed the EPA’s Office of Air and Radiation from 2001 to 2005, longer than anyone in EPA history. During his tenure, he was the architect of several of the agency’s most important initiatives, including the Clean Air Interstate Rule, the Clean Air Diesel Rule, the Mercury Rule for power plants and the reform of the New Source Review program. He also oversaw the development of the Bush Administration’s Clear Skies Legislation and key parts of its Global Climate Change Initiative. Between 1989 and 1993, Jeffrey served on the White House Staff as Associate Counsel to former President George H.W. Bush. In that capacity, he was involved in the passage of the Clean Air Act Amendments of 1990 and the key steps taken to implement those amendments. From 1987 to 1988, he served as a law clerk to Judge Douglas H. Ginsburg on the U.S. Court of Appeals for the District of Columbia.
He received his B.A. from Brigham Young University, summa cum laude, and his J.D. from Yale Law School.
Holland & Hart, Partner
On February 28, 2019, the U.S. Senate confirmed Andrew Wheeler as the fifteenth Administrator of the Environmental Protection Agency. President Donald J. Trump had announced his appointment as the Acting EPA Administrator on July 5, 2018. Mr. Wheeler had previously been confirmed by the U.S. Senate as the EPA Deputy Administrator on April 12, 2018.
Mr. Wheeler has dedicated his career to advancing sound environmental policies. He began his career during the George H. W. Bush Administration as a Special Assistant in EPA’s Pollution Prevention and Toxics office.
He was a Principal and the team leader of the Energy and Environment Practice Group at FaegreBD Consulting, as well as Counsel at Faegre Baker Daniels law firm, where he practiced since 2009. He also served as the Co-chair of the Energy and Natural Resources Industry team across the entire firm.
Prior to his work with the firm, Mr. Wheeler served for six years as the Majority Staff Director and Chief Counsel, as well as the Minority Staff Director, of the Senate Committee on Environment and Public Works. Before his time at the full Senate EPW Committee, Mr. Wheeler served in a similar capacity for six years for the Subcommittee on Clean Air, Climate Change, Wetlands and Nuclear Safety.
Mr. Wheeler is the past Chairman of the National Energy Resource Organization (NERO) and a Stennis Fellow. Mr. Wheeler is also an Eagle Scout.
Mr. Wheeler is from Fairfield, Ohio. He completed his law degree at Washington University in St. Louis, his MBA at George Mason University, and his undergraduate work at Case Western Reserve University in English and Biology.
Vice President, Networks, The Federalist Society for Law and Public Policy Studies
Nathan Kaczmarek is Vice President for Networks at the Federalist Society. He began his legal career in Detroit representing nationwide clients in all phases of healthcare litigation and complex medical malpractice claims. He has since served as a Senior Legal and Policy Advisor in the U.S. House of Representatives and as Counsel for the Subcommittee on Regulatory Affairs and Federal Management in the U.S. Senate. Prior to overseeing the Networks, he was Director of the Practice Groups, the Regulatory Transparency Project, and the Article I Initiative for the Federalist Society.
Nathan holds degrees from Hillsdale College and Thomas M. Cooley Law School. He is a Liaison Representative for The Administrative Conference of the United States. He also serves as Vice President of the Associates of St. John Bosco, a Virginia based non-profit dedicated to Catholic high school and college students.
Partner, Bracewell LLP
Jeffrey Holmstead, former assistant administrator of the United States Environmental Protection Agency for Air and Radiation, is one of the nation’s leading climate change lawyers as recognized by Chambers USA (2008-2016) and heads the environmental strategies group (ESG) at Bracewell. The ESG is a multi-disciplinary group that includes environmental and energy attorneys, public policy advocates and strategic communications experts – most of whom have had high-level government experience. Under Jeffrey’s leadership, they work together on a daily basis to advise and defend companies and business groups confronting major environmental and energy-development challenges, both domestically and globally.
From his time in both the government and the private sector, Jeffrey is very familiar with the environmental and energy challenges facing the business community. He advises clients dealing with an increasingly complex regulatory, legal and public relations landscape, drawing on his experience in policy development, administrative and legislative advocacy, litigation and strategic communications. He has worked with clients in a number of industries on issues related to climate change, Clean Air Act policy and enforcement, and energy policy — including the development of new coal-fired power plants, refineries, renewable energy sources, and electric transmission infrastructure.
Jeffrey headed the EPA’s Office of Air and Radiation from 2001 to 2005, longer than anyone in EPA history. During his tenure, he was the architect of several of the agency’s most important initiatives, including the Clean Air Interstate Rule, the Clean Air Diesel Rule, the Mercury Rule for power plants and the reform of the New Source Review program. He also oversaw the development of the Bush Administration’s Clear Skies Legislation and key parts of its Global Climate Change Initiative. Between 1989 and 1993, Jeffrey served on the White House Staff as Associate Counsel to former President George H.W. Bush. In that capacity, he was involved in the passage of the Clean Air Act Amendments of 1990 and the key steps taken to implement those amendments. From 1987 to 1988, he served as a law clerk to Judge Douglas H. Ginsburg on the U.S. Court of Appeals for the District of Columbia.
He received his B.A. from Brigham Young University, summa cum laude, and his J.D. from Yale Law School.
Holland & Hart, Partner
On February 28, 2019, the U.S. Senate confirmed Andrew Wheeler as the fifteenth Administrator of the Environmental Protection Agency. President Donald J. Trump had announced his appointment as the Acting EPA Administrator on July 5, 2018. Mr. Wheeler had previously been confirmed by the U.S. Senate as the EPA Deputy Administrator on April 12, 2018.
Mr. Wheeler has dedicated his career to advancing sound environmental policies. He began his career during the George H. W. Bush Administration as a Special Assistant in EPA’s Pollution Prevention and Toxics office.
He was a Principal and the team leader of the Energy and Environment Practice Group at FaegreBD Consulting, as well as Counsel at Faegre Baker Daniels law firm, where he practiced since 2009. He also served as the Co-chair of the Energy and Natural Resources Industry team across the entire firm.
Prior to his work with the firm, Mr. Wheeler served for six years as the Majority Staff Director and Chief Counsel, as well as the Minority Staff Director, of the Senate Committee on Environment and Public Works. Before his time at the full Senate EPW Committee, Mr. Wheeler served in a similar capacity for six years for the Subcommittee on Clean Air, Climate Change, Wetlands and Nuclear Safety.
Mr. Wheeler is the past Chairman of the National Energy Resource Organization (NERO) and a Stennis Fellow. Mr. Wheeler is also an Eagle Scout.
Mr. Wheeler is from Fairfield, Ohio. He completed his law degree at Washington University in St. Louis, his MBA at George Mason University, and his undergraduate work at Case Western Reserve University in English and Biology.
Vice President, Networks, The Federalist Society for Law and Public Policy Studies
Nathan Kaczmarek is Vice President for Networks at the Federalist Society. He began his legal career in Detroit representing nationwide clients in all phases of healthcare litigation and complex medical malpractice claims. He has since served as a Senior Legal and Policy Advisor in the U.S. House of Representatives and as Counsel for the Subcommittee on Regulatory Affairs and Federal Management in the U.S. Senate. Prior to overseeing the Networks, he was Director of the Practice Groups, the Regulatory Transparency Project, and the Article I Initiative for the Federalist Society.
Nathan holds degrees from Hillsdale College and Thomas M. Cooley Law School. He is a Liaison Representative for The Administrative Conference of the United States. He also serves as Vice President of the Associates of St. John Bosco, a Virginia based non-profit dedicated to Catholic high school and college students.
Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Jason Torchinsky is a partner at Holtzman Vogel Josefiak PLLC, specializing in campaign finance, election law, lobbying disclosure and issue advocacy groups. Politico recently named him one of the “50 Politicos to Watch,” and in 2007, Campaigns and Elections Magazine named him a “Rising Star of Politics.”
In addition to his practice counseling clients on compliance with campaign finance, ethics laws, lobbying disclosure and election laws, Mr. Torchinsky has served as lead counsel in a number of litigation matters. Representative matters in the redistricting area include Louisiana House of Representatives v. Holder (D.D.C.) (Section 5 pre-clearance action), City of Sandy Springs v. Holder (D.D.C.) (Section 5 bailout action), and Fletcher v. Lamone (D. Md.) (challenging Maryland’s Congressional Districting map). In the campaign finance context, he is currently representing clients in Alliance for America’s Future v. State (Nevada Supreme Court) and Van Hollen v. Federal Election Commission (D.D.C.) (Representing intervenor defendants). He has also represented Virginia candidates in recounts and voter registration challenges before various Virginia Circuit Courts.
Mr. Torchinsky frequently lectures on campaign finance redistricting and ethics related subjects and provides commentary to the media on election related matters.
Prior to joining the firm, Mr. Torchinsky was Counsel to the Assistant Attorney General for the Civil Rights Division at the United States Department of Justice. During the 2004 election cycle, he served as Deputy General Counsel to Bush-Cheney ’04 and Deputy General Counsel to the 2005 Presidential Inaugural Committee.
He holds a B.A. in Government and Public Policy from the College of William and Mary and a J.D. from the College of William and Mary School of Law. He is a member of the Virginia Bar, the District of Columbia Bar, the Republican National Lawyers Association and the Federalist Society.
Associate, Holtzman Vogel Josefiak Torchinsky PLLC
Dennis Polio is an associate with the law firm Holtzman Vogel Josefiak Torchinsky PLLC. Dennis’s practice focuses on First Amendment, redistricting, and election-related litigation and appeals as well as lobbying, ethics, and tax-exempt organizations’ compliance. Dennis regularly co-authors amicus briefs and appellate briefs in the Supreme Court of the United States, the various federal courts of appeals, and state supreme courts. Dennis has also authored and co-authored several articles in academic journals and with the Congressional Research Service in the Library of Congress.
John M. Olin University Professor Emeritus, Georgetown University
Walter Berns is the John M. Olin University Professor Emeritus at Georgetown University and a resident scholar at the American Enterprise Institute. He has taught at the University of Toronto, the University of Chicago (where he earned a Ph.D. in political science), and at Cornell and Yale Universities. His government service includes membership on the National Council on the Humanities, the Council of Scholars in the Library of Congress, the Judicial Fellows Commission, and in 1983 he was the alternate United States representative to the United Nations Commission on Human Rights. He has been a Guggenheim, Rockefeller, and Fulbright Fellow and a Phi Beta Kappa lecturer. He is the author of numerous articles on American government and politics in both professional and popular journals; his many books include In Defense of Liberal Democracy, The First Amendment and the Future of American Democracy, Taking the Constitution Seriously, and Making Patriots. President George W. Bush awarded him the 2005 National Humanities Medal for his scholarship on the history of the constitution.
Partner, O'Melveny & Myers LLP
Walter Dellinger is an influential authority on appellate and Supreme Court decisions, lending his experience as a former Solicitor General and decades of legal knowledge to amicus briefs, a multitude of pro bono clients, and public and private companies involved in bet-the-company litigation. A frequent commentator for the Wall Street Journal, Slate, and major television networks, Walter holds the designation of the Douglas B. Maggs Emeritus Professor of Law at Duke University. He was named one of the 100 Most Influential Lawyers in America by the National Law Journal and recognized with a Lifetime Achievement Award from the American Lawyer.
Walter, who formerly served as O’Melveny’s Diversity and Inclusion Partner, helped convince the US Supreme Court that proponents of Proposition 8, California's ban on same-sex marriage, did not have standing to appeal a court order invalidating it. That ruling, Hollingsworth v. Perry, cleared the way for marriage equality in California and eventually nationwide.
Walter served as Assistant Attorney General and head of the Office of Legal Counsel (OLC) from 1993 to 1996. He was acting Solicitor General for the 1996-97 Term of the US Supreme Court. During that time, Walter argued nine cases before the Court, the most by any Solicitor General in more than 20 years. His arguments included cases dealing with physician-assisted suicide, the line item veto, the cable television act, the Brady Act, the Religious Freedom Restoration Act, and the constitutionality of remedial services for parochial school children.
Walter has served as Special Counsel to the Board of Directors of the New York Stock Exchange in connection with the NYSE’s transformation into a publicly held company and its acquisition of an electronic trading company.
After serving in early 1993 in the White House as an advisor to the President on constitutional issues, Walter was nominated by the President to be Assistant Attorney General. He was confirmed by the Senate in October 1993 and served for three years. As head of the OLC, Walter issued opinions on a wide variety of issues, including: the President's authority to deploy United States forces in Haiti and Bosnia; whether the trade agreements required treaty ratification; and a major review of separation of powers questions. He provided extensive legal advice on questions arising out of the shutdown of the federal government, on national debt ceiling issues, and on loan guarantees for Mexico.
Walter has published articles on constitutional issues for scholarly journals including the Harvard Law Review, the Yale Law Journal, and the Duke Law Journal, and has written for the New York Times, the Washington Post, Newsweek, the New Republic, and the London Times. He has been a visiting professor at the Catholic University of Belgium and has given lectures to university faculties in Florence, Siena, Nuremberg, Copenhagen, Leiden, Utrecht, Tilburg, Mexico, and Rio de Janeiro, and has delivered major lectures at Stanford, Yale, Harvard, Michigan, Berkeley, Penn, Duke, Chicago, and other US law schools. He has testified more than 25 times before committees of Congress.
In private practice, Walter’s arguments before the United States Supreme Court have included Exxon Shipping Co. v. Baker, Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County, Alabama v. North Carolina, Hosanna-Tabor v. EEOC, Heller v. District of Columbia, Jackson v. Birmingham School District, Brown v. Legal Foundation of Washington, US Airways v. Barnett, Utah v. Evans, Hunt v. Cromartie, and Hunt v. Easley. His most notable Court of Appeals and state supreme court arguments include Martha Stewart v. United States, Whiteside v. United States, and Exxon v. Alabama, LCI v. Phillips.
Senior Judge, United States Court of Appeals, Fifth Circuit
Patrick Errol Higginbotham is a federal judge on senior status with the United States Court of Appeals for the 5th Circuit. He joined the court in 1982 after being nominated by President Ronald Reagan.
Wisconsin Election Law Panel
Rick M. Esenberg, Lester A. Pines, Ryan J. Walsh
2020 Wisconsin Lawyers Chapters Conference
On September 1, 2020, the Federalist Society's Wisconsin lawyers chapters hosted their annual conference via...
Wisconsin Election Law Panel
Rick M. Esenberg, Lester A. Pines, Ryan J. Walsh
2020 Wisconsin Lawyers Chapters Conference
On September 1, 2020, the Federalist Society's Wisconsin lawyers chapters hosted their annual conference via...
Topics
The FCC Should Address Distortions of Section 230
That's Debatable is a new blog initiative bringing together legal and policy experts with differing perspectives...
The Law and Economics of Municipal Broadband
George Ford, Lawrence J. Spiwak
Now six months into the COVID pandemic, the Internet has offered Americans a welcome economic,...
Deep Dive Episode 132 – A Conversation with EPA Administrator Andrew Wheeler: New Rule on Guidance Procedures and More
Jeffrey Holmstead, Andrew Wheeler, Nathan Kaczmarek
A Regulatory Transparency Project Webinar
In May, the Environmental Protection Agency announced a new proposed rule to “establish the procedures and requirements...
Deep Dive Episode 132 – A Conversation with EPA Administrator Andrew Wheeler: New Rule on Guidance Procedures and More
Jeffrey Holmstead, Andrew Wheeler, Nathan Kaczmarek
A Regulatory Transparency Project Webinar
In May, the Environmental Protection Agency announced a new proposed rule to “establish the procedures and requirements...
Necessary & Proper Episode 57: Constitution Day Lecture: Inside the Mind of James Madison
Colleen Sheehan
To celebrate Constitution Day, the Rutgers Law School chapter of the Federalist Society hosted Dr....
Topics
RIP Justice Ruth Bader Ginsburg
On Behalf of the Federalist Society: Justice Ginsburg will be best remembered as a legal...
State Court Docket Watch: Fisher v. Hagett and Lay v. Goins
Jason Torchinsky, Dennis W. Polio
In Fisher v. Hagett and Lay v. Goins, a majority of the Supreme Court of...
Can the Death Penalty be Administered Constitutionally? [Archive Collection]
Walter Berns, Walter E. Dellinger, Patrick E. Higginbotham
Second Annual National Lawyers Convention
On September 9-10, 1988, The Federalist Society hosted its second annual National Lawyers Convention at...