Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Partner, Cooper & Kirk PLLC
John Ohlendorf has extensive experience with every aspect of litigation, from arguing discovery disputes and cross-examining trial witnesses to working on appeals at all levels of the state and federal judicial systems. Mr. Ohlendorf has written dozens of briefs in the United States Supreme Court and has argued numerous cases, including appeals in both state and federal court. While much of his career has focused on appellate advocacy, he has also developed deep experience litigating at the trial-court level, consistent with the Firm’s frequent approach of handling a matter over its entire lifespan, from the filing of the complaint to proceedings in the Supreme Court.
Mr. Ohlendorf’s litigation experience is wide-ranging, but it includes a particular focus on constitutional law and suits against the government. He has litigated multiple claims involving the separation of powers, the Appointments Clause, freedom of speech, the Second Amendment, the Due Process Clause, the Equal Protection Clause, and the Takings Clause. He has been heavily involved in over thirty matters defending the right to keep and bear arms, and he was Counsel of Record on an amicus brief in New York State Rifle & Pistol Association v. Bruen, a recent Supreme Court case involving the Second Amendment right to carry a firearm, that was singled out by Justice Kavanaugh during the oral argument as very helpful to his consideration of the case. Mr. Ohlendorf has also litigated many cases involving administrative law and government contracts.
Before coming to Cooper & Kirk, Mr. Ohlendorf clerked for Judge Raymond Gruender of the United States Court of Appeals for the Eighth Circuit, taught at Northwestern University School of Law as an Olin-Searle-Smith Fellow, and then at Georgetown University Law Center as a Visiting Lecturer and Fellow at the Georgetown Center for the Constitution. His articles have been published in the Notre Dame Law Review, the Harvard Journal of Law and Public Policy, National Affairs (with Joel Alicea), the Georgia Law Review, and the Maine Law Review. He received a J.D. from Harvard Law School, magna cum laude, in 2010, where he was an Editor for the Harvard Journal of Law and Public Policy, and graduated with a B.A. from Bethany Lutheran College, summa cum laude, in 2007.
Attorney Specializing in Government Relations
Alec D. Rogers is an attorney specializing in government practice and policy in Washington, DC.
A graduate of James Madison College at Michigan State University and the University of Michigan Law School, he practiced law for several years before spending over a decade on Capitol Hill as a staffer to various Members and Committees.
He has reviewed books for the Washington Times, Hardball Times, The Journal of the American Revolution, and The Weekly Standard, and writes on legal matters in Engage, an online publication of the Federalist Society.
Senior Of Counsel, Covington & Burling LLP and Executive Chairma, The Chertoff Group
Michael Chertoff concentrates in the area of White Collar Defense and Investigations. In recent years, he has handled a series of federal investigations, including complex criminal and civil regulatory matters. He has advised major clients on SEC and Justice Department investigations and successfully served as the independent monitor of a major national healthcare company under criminal and civil investigation.
In addition to his legal work, Mr. Chertoff is Founder and Chairman of The Chertoff Group, a security and risk management firm, where he provides high-level strategic counsel to corporate and government leaders on a broad range of security issues, from risk identification and prevention to preparedness, response and recovery.
In April of 2012, Mr. Chertoff was elected as the new Chairman of the Board of Directors of BAE Systems, Inc. He also sits on the board of directors or board of advisors of a number of companies and nonprofits.
Previously, Mr. Chertoff served as Secretary of the Department of Homeland Security. As Secretary, he led a 218,000 person department with a budget of $50 billion. Mr. Chertoff developed and implemented border security and immigration policy; promulgated homeland security regulations; and spearheaded a national cyber security strategy. He also served periodically on the National Security Council and the Homeland Security Council, and on the Committee on Foreign Investment in the United States.
Prior to his appointment to the Cabinet, Mr. Chertoff served from 2003 to 2005 on the U.S. Court of Appeals for the Third Circuit. Before becoming a federal judge, Mr. Chertoff was the Assistant Attorney General for the Criminal Division of the U.S. Department of Justice. In that position, he oversaw the investigation of the 9/11 terrorist attacks, and formed the Enron Task Force, which produced more than 20 convictions, including those of CEOs Jeffrey Skilling and Kenneth Lay.
Mr. Chertoff’s career includes more than a decade as a federal prosecutor, including service as U.S. Attorney for the District of New Jersey, First Assistant U.S. Attorney for the District of New Jersey, and Assistant U.S. Attorney for the Southern District of New York. As a federal prosecutor, Mr. Chertoff investigated and personally prosecuted significant cases of political corruption, organized crime, and corporate fraud.
From 1994-2001, Mr. Chertoff represented major corporations and individuals in numerous white collar investigations and trials. Among other matters, he successfully represented the nation’s largest hospital company in a four year, multi-jurisdictional criminal and civil investigation, represented major corporations in corruption scandals, and obtained acquittals at trial for individual criminal defendants.
Mr. Chertoff has received numerous awards including the Department of Justice Henry E. Petersen Memorial Award (2006); the Department of Justice John Marshall Award for Trial of Litigation (1987); NAACP Benjamin L. Hooks Award for Distinguished Service (2007); European Institute Transatlantic Leadership Award (2008); and two honorary doctorates. His trial experiences have been featured in over half a dozen books and many news articles.
Partner, Supreme Court Attorney, Cabinet Briard LLP
François-Henri Briard is a Knight of the Legion of Honor, an Officer of the National Order of Merit and a Knight of the Palmes Académiques.
He was a member of the Governing Board of the Bar of the French Supreme Courts (2003-2005).
François-Henri Briard was a trustee of Sarah Lawrence College in New York for eight years. He is President of the Institut Vergennes, a member of the U.S. Supreme Court Historical Society and an honorary member of the Society of the Cincinnati and of the Sons of the American Revolution. He is also an expert with the Federalist Society, a U.S. think tank that focuses on constitutional and judicial issues.
He is a member of the Institute of Consulting Tax Attorneys (IACF) and an associate member of the Academy of Moral Sciences, Letters and Arts of Versailles and Ile de France.
He is a member of the French Navy civilian reserve with the rank of frigate captain and has been awarded a medal by the voluntary military services. On behalf of the Firm, he received the Military Reserve Prize (2011).
Director of Equality and Opportunity Litigation, Pacific Legal Foundation
Joshua directs the litigation for PLF’s Equality and Opportunity Program, where he fights to dismantle unconstitutional barriers to opportunity, freeing individuals to rise based on their choices, character, and ability.
Joshua joined PLF as an attorney in 2007. His litigation practice has covered all PLF subject areas with a particular focus on equality and opportunity. Joshua argued PLF’s 13th case before the United States Supreme Court, Cedar Point Nursery v. Hassid, where the court ruled that a California regulation that allowed union organizers onto private property violated the Fifth Amendment’s Takings Clause. Other litigation highlights of his include ending a decades-long racial quota in Hartford, Connecticut, lifting a ban on boys’ dancing in Minnesota, and vindicating an entrepreneur’s right to start a moving business in Kentucky.
Joshua’s writings have been published by the USA Today, Wall Street Journal, and Washington Post. And his research has been published in journals such as Texas Review of Law & Politics, Alabama Civil Rights & Civil Liberties Law Review, Journal of Civil Rights & Economic Development, and Northern Illinois University Law Review. He has appeared on national television and radio, including PBS Newshour, NPR’s All things Considered, Stossel, and Univision.
Joshua earned his BA with distinction from the University of Wisconsin-Madison with a triple major in political science, international relations, and German. He earned his JD cum laude from Michigan State College of Law where he was on the law review and trial practice institute. Joshua lives in Sacramento, California with his wife and three children. He loves playing chess and rooting for Wisconsin sports teams.
Joshua is a member of the bar only in the state of California.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Former Judge, United States Court of Appeals, Ninth Circuit
Judge Kozinski served as a United States Circuit Judge for the Ninth Circuit from November 1985 until December 2017. He served as Chief Judge from 2007 to 2014. He graduated from UCLA, receiving an A.B. degree in 1972, and from UCLA Law School, receiving a J.D. degree in 1975.
Prior to his appointment to the appellate bench, Judge Kozinski served as Chief Judge of the United States Claims Court, 1982-85; Special Counsel, Merit Systems Protection Board, 1981-82; Assistant Counsel, Office of Counsel to the President, 1981; Deputy Legal Counsel, Office of President-Elect Reagan, 1980-81; Attorney, Covington & Burling, 1979-81; Attorney, Forry Golbert Singer & Gelles, 1977-79; Law Clerk to Chief Justice Warren E. Burger, 1976-77; and Law Clerk to Circuit Judge Anthony M. Kennedy, 1975-76.
Judge Kozinski is married to Marcy Jane Tiffany and has three children: Yale, Wyatt and Clayton, and three grandchildren: Quinn, Owen and Anna.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
Topics
Justice Scalia and Mismatch
It was the oral argument question that launched a thousand progressive blog posts. "Scalia: Black Students...
Spokeo, Inc. v. Robins - Post-Argument SCOTUScast
Erin M. Hawley
SCOTUScast 12-9-15 featuring Erin Hawley
On November 2, 2015, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins. Robins...
Gobeille v. Liberty Mutual Insurance Company - Post-Argument SCOTUScast
John Ohlendorf
SCOTUScast 12-9-15 featuring John Ohlendorf
On December 2, 2015, the Supreme Court heard oral argument in Gobeille v. Liberty Mutual Insurance...
REINING in the Agencies: Oversight of Executive Branch Rulemaking in the 21st Century
Alec D. Rogers
Engage Volume 16, Issue 3
Note from the Editor: This article critiques current procedures for agency rulemaking and proposes an...
Developing The International Response To The Paris Attacks - Podcast
Michael Chertoff, François-Henri Briard
International & National Security Law Practice Group Podcast
The attacks by ISIS on the citizens of Paris and the world have again focused...
Race-Conscious College Admissions: Fisher v. University of Texas - Podcast
Joshua Paul Thompson
Civil Rights Practice Group Podcast
Two years ago, the Supreme Court’s 7-1 ruling in Fisher v. University of Texas required...
Topics
Should States Be Immune From Suit in Courts of Other States?
In a week of several big cases on state legislative redistricting and affirmative action, it'd...
Luis v. U.S. - Post Argument SCOTUScast
John G. Malcolm
SCOTUScast 12-8-15 featuring John Malcolm
On November 10, 2015, the Supreme Court heard oral argument in Luis v. U.S. Luis was indicated...
Pros and Cons: Our Criminal Justice System at Work - Podcast
Alex Kozinski, William G. Otis
Criminal Law & Procedure Practice Group Podcast
Our panelists will discuss the criminal justice system generally, and the role of the prosecutor...
“One Person, One Vote”: Arguments Heard in Evenwel v. Abbott - Podcast
Andrew Grossman
Civil Rights Practice Group Podcast
At issue in Evenwel v. Abbott, argued on December 8, is whether the three-judge district court...