Partner, Millbank LLP
Mr. Katyal, the former Acting Solicitor General of the United States, focuses on appellate and complex litigation. He has argued 54 cases before the Supreme Court of the United States.
He has extensive experience in matters of antitrust, corporate, constitutional, securities, technology, criminal, patent, copyright, trademark, ERISA, products liability, labor, employment and tribal law. In the 2022-23 Supreme Court term, he argued five separate cases (nearly 10% of the docket), including winning the landmark voting case Moore v. Harper, which Judge Michael Luttig described as “the most important case for American democracy in the almost two and a half centuries since America’s founding.” Judge Luttig also said Mr. Katyal’s argument “was the single best oral argument I have ever heard made in the Supreme Court of the United States.” His cases include successfully striking down the Guantanamo military tribunals, successfully defending the constitutionality of the Voting Rights Act and successfully defending the Peace Cross in Maryland. His 2017 win in Bristol Myers Squibb v. Superior Court was a landmark victory for personal jurisdiction law and his 2006 win in Hamdan v. Rumsfeld was described by former Acting Solicitor General Walter Dellinger as “simply the most important decision on presidential power and the rule of law ever. Ever.”
From 2010 to 2011, Mr. Katyal served as Acting Solicitor General of the United States, where he argued several major Supreme Court cases involving a variety of issues, such as his successful defense of the constitutionality of the Voting Rights Act of 1965, his victorious defense of former Attorney General John Ashcroft for alleged abuses in the war on terror, his unanimous victory against eight states who sued the nation's leading power plants for contributing to global warming, and a variety of other matters. As Acting Solicitor General, he was responsible for representing the federal government of the United States in all appellate matters before the US Supreme Court and the Courts of Appeals throughout the nation. He served as Counsel of Record hundreds of times in the US Supreme Court. He was also the only head of the Solicitor General's office to argue a case in the US Court of Appeals for the Federal Circuit, on the important question of whether certain aspects of the human genome were patentable.
After graduating from Yale Law School, Mr. Katyal clerked for The Honorable Guido Calabresi of the US Court of Appeals for the Second Circuit as well as for The Honorable Justice Stephen G. Breyer of the US Supreme Court. He also served in the Deputy Attorney General's Office at the Justice Department as National Security Advisor and as Special Assistant to the Deputy Attorney General during 1998-1999.
Mr. Katyal is a best-selling New York Times author and has published dozens of scholarly articles in law journals (including several in the Harvard Law Review and Yale Law Journal), as well as many op-ed articles in publications such as the New York Times and the Washington Post. He has testified numerous times before various committees of both the US House of Representatives and the US Senate.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Partner, Arnold & Porter
John Elwood is the head of Arnold & Porter’s Appellate and Supreme Court practice. He has argued before the Supreme Court nine times, and appeared before most of the federal courts of appeals. He has successfully argued cases across a broad cross-section of subjects, with particular experience in environmental law, the False Claims Act, government contracting, and federal criminal law
Mr. Elwood’s work has earned him recognition as one of Washington’s top Supreme Court lawyers (Washingtonian, 2013), as one of “a small group of lawyers” with an “outsized influence at the U.S. Supreme Court” (Reuters, 2014), and as one of the country’s most innovative lawyers (Financial Times, 2014). Chambers USA reports that “[t]he much-admired John Elwood is praised for his advocacy skills” (2013), and describes Mr. Elwood as “phenomenal” (2014), “incredibly talented” (2012), and “a much-loved and widely respected lawyer who is quick on his feet” (2010).
Before joining the firm, Mr. Elwood served in senior-level positions in the U.S. Department of Justice. Beginning as an Assistant to the Solicitor General, and continuing with the firm, he has briefed more than 20 merits cases before the Supreme Court of the United States, and has briefed approximately 135 cases at the certiorari stage. As the senior Deputy in the Office of Legal Counsel, he advised the White House and federal agencies on a range of constitutional, statutory, and regulatory issues.
Professor of Law and Assistant Director, Criminal Justice Center, University of Florida Levin College of Law
Professor Stinneford teaches and writes about legal ethics, criminal law, criminal procedure, and constitutional law. His work has been cited by the United States Supreme Court, several state supreme courts and federal courts of appeal, and numerous scholars. It has published in numerous scholarly journals including the Georgetown Law Journal, the Northwestern University Law Review, the Virginia Law Review, the Notre Dame Law Review, and the William & Mary Law Review. The Stanford-Yale Junior faculty forum selected one of his articles as the best paper in the category of Constitutional History, and the AALS Criminal Justice Section named another article as the best paper in its Junior Scholars Paper Competition. In the fall of 2015, he was a Visiting Scholar at the Georgetown Law Center, Center for the Constitution.
Before joining the Florida faculty in 2009, Stinneford clerked for the Hon. James Moran of the United States District Court for the Northern District of Illinois, served as an Assistant United States Attorney, and practiced law with Winston & Strawn in Chicago. Stinneford teaches first-year courses in Criminal Law and Constitutional Law, and upper-level courses in Professional Responsibility, Criminal Procedure, Federal Criminal Law, Law & Literature, and White Collar Crime.
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.
Supreme Court Correspondent, The New York Times
Adam Liptak covers the Supreme Court for The New York Times. Liptak’s column on legal affairs, “Sidebar,” appears every other Tuesday.
A graduate of Yale College and Yale Law School, Liptak practiced law at a large New York City law firm and in the legal department of The New York Times Company before joining the paper’s news staff in 2002.
Liptak was a finalist for the Pulitzer Prize in explanatory reporting in 2009 for “American Exception,” a series of articles examining ways in which the American legal system differs from those of other developed nations. He received the 2010 Scripps Howard Award for Washington reporting for a five-part series on the Roberts Court.
He is the author of “To Have and Uphold: The Supreme Court and the Battle for Same-Sex Marriage.”
His journalism has appeared in The New Yorker, Vanity Fair, Business Week and Rolling Stone, and he has published articles in The Arizona Law Review, The Michigan Law Review and The New York University Annual Survey of American Law.
Liptak has taught courses at Yale, Columbia, the University of Chicago, Washington University in St. Louis, the University of Southern California and U.C.L.A. He is a member of the American Academy of Arts and Sciences.
Associate Chief Counsel for Litigation, U.S. Chamber Of Commerce
Warren Postman is Associate Chief Counsel for Litigation for the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. Mr. Postman has extensive experience handling appellate, trial, and regulatory matters on behalf of American businesses.
Before joining the Chamber, Mr. Postman practiced law with the international law firm of Jones Day. His practice focused on high impact litigation and regulatory counseling, with a particular focus on representing companies in disputes with the federal government.
During the 2008 Term of the Supreme Court of the United States, Mr. Postman clerked for Associate Justice David Souter. He also clerked for Judge William A. Fletcher of the United States Court of Appeals for the Ninth Circuit.
He graduated magna cum laude from Harvard Law School, where he was a member of the Law Review, and also graduated magna cum laude from Brandeis University, where he was a member of Phi Beta Kappa. Born and raised in Vermont, Mr. Postman now lives in Virginia with his wife and two children.
Wayne A. Abernathy, Wild Bells
Wayne A. Abernathy is a former U.S. Treasury Assistant Secretary for Financial Institutions under President George W. Bush, receiving the Alexander Hamilton Award in recognition of his service. In that office he was also a member of the Board of Directors of the Securities Investor Protection Corporation. Prior to his work at the Treasury, Mr. Abernathy served as Staff Director of the Senate Banking Committee, under Chairman Phil Gramm.
Following his service at the Treasury, Mr. Abernathy worked for 15 years on the staff of the American Bankers Association, as Executive Vice President for Financial Institutions Policy and Regulatory Affairs.
Previous experience with the Senate Banking Committee includes serving as Staff Director of the Subcommittee on Securities during 1995-1998. From 1989 until 1994, Mr. Abernathy was a Republican economist for the committee. He previously worked as a senior legislative assistant for Senator Gramm during 1987-1989 and as an economist for the Banking Committee’s Subcommittee on International Finance and Monetary Policy during 1981-1986, under Chairman Jake Garn.
Mr. Abernathy earned his bachelor’s degree in International Studies from The Johns Hopkins University in 1978. In 1980, he received a master’s degree in International Studies from the School of Advanced International Studies of The Johns Hopkins University.
Retired, Winston & Strawn LLP
Jerry Loeser is of counsel in the Chicago office of Winston & Strawn, and his practice focuses on banking regulation. He has extensive experience in counseling financial services clients on, among other things, bank acquisitions, privacy, financial modernization, the USA PATRIOT Act, Basel II and III, lending limits, capital, trust, affiliate transactions, and Federal Reserve, OCC, FDIC, and CFPB regulations.
Prior to working at large corporate law firms, Jerry was chief regulatory and compliance counsel for Comerica Bank, where he also served as senior vice president and deputy general counsel and as general counsel of its retail bank division. Before that, he served as chief regulatory in-house counsel at Wells Fargo & Co. Jerry began his legal career advising the Board of Governors of the Federal Reserve System in Washington, D.C.
Founder, Law Office of Eileen J. O'Connor PLLC
After nearly 30 years as a national tax specialist with the IRS and major accounting firms, Eileen J. O’Connor, now an attorney in private practice, was Assistant Attorney General for the Justice Department’s Tax Division for six years during the administration of President George W. Bush and a member of then-President-elect Trump’s Treasury Department Transition Team. She focuses on federal administrative and tax law.
Senior Attorney, Pacific Legal Foundation
Brian Hodges is a Senior Attorney at PLF’s Pacific Northwest office in Bellevue, Washington. Brian focuses his practice on defending of the right of individuals to make reasonable use of their property, free of unnecessary and oppressive regulations.
In 2013, Brian second-chaired Koontz v. St. Johns River Water Management District before the U.S. Supreme Court, a case that placed constitutional limits on the government’s common practice of demanding that landowners fund unrelated public projects in exchange for a permit approval. And in the 2008 case, Citizens’ Alliance for Property Rights v. Sims, Brian successfully challenged a Seattle-area ordinance that required all rural property owners to dedicate at least half their land as conservation areas as a mandatory condition of any new development without any showing that rural development would impact the environment.
Brian graduated from Seattle University of Law in 2001 with honors. After which, he served as a judicial clerk at the Washington State Court of Appeals, then entered private practice where he focused on appellate advocacy for several years before joining PLF in 2006.
Brian came to the liberty movement by an uncommon route: the arts. Brian played guitar and keyboards in several Seattle-area bands before eventually studying music composition and literature at the University of Washington—earning two Bachelor’s Degrees and a Master of Arts. Through that experience, he came to firmly believe that the goal of art—indeed, the goal of any creative ambition—is to maximize individual freedom and expression, tempered by personal responsibility and ownership, rather than outside oversight or arbitrary restriction. Carrying that philosophy into law school naturally led him to fight for individual rights.
Senior Attorney, Pacific Legal Foundation
Chris Kieser practices in PLF’s property rights and equality before the law practice groups.
His property rights clients include Cedar Point Nursery, which challenged a California regulation requiring them to allow union organizers to invade their private property, as well as Randall and Kimberley Pavlock, who are fighting back against Indiana’s beachfront land grab along Lake Michigan.
Under equality before the law, Chris represents coalitions of Asian-American parents challenging discriminatory admissions policies for selective K-12 schools in New York City; Montgomery County, Maryland; and Fairfax County, Virginia. He also represents a parent organization in Connecticut challenging a racial quota that prevents many Black and Hispanic students from enrolling at the state’s magnet schools.
Chris has published law review articles in the William & Mary Environmental Law Review and the Federalist Society Review. His op-eds have appeared in the New York Daily News, National Review, The Blaze, the Daily Journal, and SCOTUSblog.
Chris clerked for the Honorable Daniel A. Manion of the United States Court of Appeals for the Seventh Circuit and the Honorable Thomas D. Schroeder of the United States District Court for the Middle District of North Carolina. He holds a B.A., cum laude, from the University of Notre Dame, and graduated magna cum laude from Notre Dame Law School in 2013. At Notre Dame, he was an articles editor of the Notre Dame Law Review.
Growing up on Long Island, Chris developed a deep passion for limited government and individual liberty, arguing with his more numerous progressive classmates. This experience made him deeply skeptical that government tinkering at the expense of individual rights ever works, whether it be denying a property owner the use of his land or a student a seat at her desired school because of her race. He chose PLF because it is the national leader in litigation that furthers individual liberty.
When he’s not working, you’re likely to find Chris rooting for the Mets and Fighting Irish or debating some arcane point of law (because apparently that doesn’t happen enough at work).
Chris is currently licensed to practice in California and admitted to practice before the Supreme Court of the United States, the United States Courts of Appeal for the Second, Seventh, and Ninth Circuits, and the U.S. District Courts for the Eastern and Central Districts of California, the Northern District of Indiana, and the Northern District of Illinois.
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