Executive Orders: Executive Necessity or Executive Outreach
St. Thomas-MN Student Chapter
1101 Harmon Pl
Minneapolis, MN 55403
Speakers:
- Noel Francisco, Jones Day
- Professor Heidi Kitrosser, Minnesota Law
Speakers:
Partner-in-Charge Washington, Jones Day
Noel Francisco served as the 47th Solicitor General of the United States in the Trump Administration, from 2017 to 2020. He has argued some of the most important cases the Supreme Court has heard in recent years on a wide array of issues.
For example, as Solicitor General, he argued Trump v. Hawaii, where he successfully defended the president's orders restricting travel from countries deemed to present security risks; Janus v. AFSCME, which upheld the First Amendment rights of public employees who decline to join labor unions; Kisor v. Wilkie, which adopted his argument that the "Auer deference doctrine" should be significantly curtailed but retained in its core applications; Apple Inc. v. Pepper, which addressed whether Apple's App Store customers had standing to sue the company for antitrust violations; Knick v. Township of Scott, which held that property owners could sue state and local governments in federal court to vindicate Fifth Amendment takings claims; and Seila Law LLC v. CFPB, which invalidated restrictions on the president's authority to remove the director of the Consumer Financial Protection Bureau.
He also spearheaded the government's general strategy to seek emergency relief in the appellate courts and the Supreme Court when lower courts issued nationwide injunctions against important government programs.
Noel's service as Solicitor General built on his previous tenure at Jones Day, during which he argued McDonnell v. United States, which reversed the federal bribery conviction of the governor of Virginia; NLRB v. Noel Canning, which limited the president's constitutional recess appointments power; and Zubik v. Burwell, which challenged federal insurance coverage regulations that violated Catholic organizations' religious beliefs.
Robins, Kaplan, Miller & Ciresi Professor of Law, University of Minnesota Law School
Professor Heidi Kitrosser joined the University of Minnesota Law School faculty in 2006. She was a visiting professor at the Law School from 2005-06, and an assistant professor at Brooklyn Law School from 2003-2006.
Kitrosser is an expert on the constitutional law of federal government secrecy and on separation of powers and free speech law more broadly. She has written, spoken, and consulted widely on these topics. Her book, Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution, was published in 2015 by the University of Chicago Press. It was awarded the 2014 IIT Chicago-Kent College of Law / Roy C. Palmer Civil Liberties Prize. Kitrosser’s articles have appeared in many venues, including Supreme Court Review, Georgetown Law Journal, Journal of National Security Law and Policy, Minnesota Law Review, and Constitutional Commentary.
Kitrosser is a 2017 Guggenheim Fellow. She is spending the 2017-18 school year using her fellowship to work on a new book about the law and policy of whistleblowing among federal government employees and contractors.
Kitrosser graduated from UCLA in 1992, summa cum laude and Phi Beta Kappa, with a B.A. in political science. She received her J.D. degree from Yale Law School in 1996. During her third year at Yale, she won the Harlan Fiske Stone Prize for best oral argument in the Morris Tyler Moot Court of Appeals.
Following law school, she clerked for Judge William Rea on the District Court for the Central District of California and for Judge Judith Rogers on the U.S. Court of Appeals for the District of Columbia Circuit. She also worked as an associate at the Washington, D.C., office of Jenner & Block.
For more information, download Professor Kitrosser’s
curriculum vitae.