Featuring:
Beth Brinkmann, Partner, Covington & Burling
Michael Carvin, Partner, Jones Day
Scott Keller, Solicitor General, Texas
Moderator: Sheldon Gilbert, Director, Center for Judicial Engagement, Institute for Justice
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Partner, Covington & Burling
Beth Brinkmann is an experienced appellate and Supreme Court litigator who has served in high-level positions in the Department of Justice, most recently as Deputy Assistant Attorney General in the Civil Division. She has argued 24 cases before the Supreme Court of the United States. Ms. Brinkmann also has argued in numerous federal and state appellate courts across the country.
As the Civil Division’s top appellate lawyer, she was responsible for supervising much of the federal government’s civil litigation in appellate courts, including constitutional challenges, administrative law issues, intellectual property matters, and national security cases. During her tenure at the DOJ, Ms. Brinkmann presented oral argument in several high-profile court of appeals cases, including the successful defense of the constitutionality of the Affordable Care Act and the government’s victory in federal immigration preemption litigation. She also regularly consulted with trial lawyers for the government on legal arguments and strategy at early phases of litigation, made recommendations on appellate matters to the U.S. Solicitor General, and advised senior leadership of cabinet-level departments and at regulatory agencies regarding litigation risk, legislative proposals, and rulemaking matters.
In his 35 years at the Justice Department and in private practice, Mike Carvin was one of the leading appellate and trial lawyers challenging state and federal regulations on constitutional and statutory grounds, with 10 Supreme Court arguments and numerous high-profile victories. In addition to his numerous cases in the United States Supreme Court, he argued in virtually every federal appeals court. His major cases include the recent constitutional challenge to the Affordable Care Act and the decisions invalidating Sarbanes-Oxley's accounting board, preventing the Justice Department from obtaining monetary relief against the tobacco industry under RICO, overturning the federal government's plan to statistically adjust the census, limiting the Justice Department's ability to create "majority-minority" districts, and upholding Proposition 209's ban on racial preferences in California.
Mike was one of the lead lawyers, and argued before the Florida Supreme Court, on behalf of George W. Bush in the 2000 presidential election Florida recount controversy. He also has represented state governments, financial institutions, telecommunications, and energy companies in "takings," First Amendment, civil rights, and statutory challenges to federal government actions.
President and CEO, The Federalist Society
Sheldon Gilbert is the President and CEO of The Federalist Society. Gilbert has been involved in the conservative and libertarian legal movement since law school, and has served in prominent roles at both nonprofit organizations as well as corporate America.
A longtime constitutional litigator, Gilbert has represented clients through amicus and party briefs in nearly a hundred cases at the U.S. Supreme Court, at both the certiorari and merits stages. Most recently, Gilbert served as Senior Lead Counsel for Strategic Initiatives at Walmart, the world’s largest company, where he led teams providing legal advice related to government enforcement, internal investigations, government relations, public relations, and special projects at the center of law and policy.
Before joining Walmart, Gilbert served as Vice President for Content and Development and Senior Fellow for Constitutional Studies at the National Constitution Center, a congressionally chartered non-partisan center for constitutional education and debate, where he led both fundraising and programming efforts. While at the NCC, Gilbert helped ensure that the Center’s programming and exhibits incorporated constitutional perspectives from experts on both the right and the left, including the launch of the Center’s landmark permanent exhibit on the Civil War and the Reconstruction Amendments.
Prior to the National Constitution Center, Gilbert served as the director of the Institute for Justice’s Center for Judicial Engagement (CJE), where he educated the public about the role of the courts and the Constitution, where he frequently hosted discussions and debates on constitutional issues, and often spoke at Federalist Society lawyer and student chapters across the country.
He was also a litigator with the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce, where he represented the U.S. Chamber in over 400 cases in federal and state courts addressing a wide range of legal issues, from free speech to property rights.
Gilbert is a graduate of the George Washington University Law School where he helped found a first-of-its-kind National Religious Freedom Moot Court, which hosted law students from across the country to debate important, emerging religious liberty issues. After graduating from GWU, he also taught as a professorial lecturer at the school.
A graduate of the University of Utah, Gilbert is a child of the Mountain West, where he was born in a coal mining town in Utah and raised in Idaho near the Grand Tetons. Before going to law school, Gilbert’s diverse interests led him to work in a wide range of roles, from software development project management for a nonprofit, to working in his University’s radiobiology research lab, to volunteer service in Rio de Janeiro, Brazil for his church.
Gilbert is married with four children.
Partner, Lehotsky Keller LLP
The New York Times recognized Scott A. Keller as a “legal heavyweight,” who “is praised by opponents as a formidable advocate.”
Mr. Keller has argued 12 cases before the U.S. Supreme Court and 12 cases before the Texas Supreme Court. He is the only practicing lawyer to have argued at least 10 cases in both courts. Mr. Keller frequently represents parties in high stakes appeals, and he has argued many cases in federal courts of appeals throughout the nation. He has earned individual accolades from Lawdragon 500 Leading Litigators in America, Chambers, Legal 500, The American Lawyer, The National Law Journal, Law360, Super Lawyers, The Best Lawyers in America, and other publications.
Before founding Lehotsky Keller Cohn LLP, Mr. Keller headed Baker Botts LLP’s Supreme Court Practice. He also has significant experience at the highest levels in all three branches of government. Mr. Keller served as the Solicitor General of Texas, the State’s chief appellate litigator. He was U.S. Senator Ted Cruz’s chief counsel on the Senate Judiciary Committee. Mr. Keller was a law clerk for Justice Anthony Kennedy of the Supreme Court of the United States and Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit. He was also a Bristow Fellow in the U.S. Department of Justice’s Office of the Solicitor General.
Mr. Keller represents clients in cases where public communications strategy is crucial, and he has made numerous media appearances in major outlets such as The New York Times, The Wall Street Journal, BBC, Fox News, NPR, and Politico. As a sought after speaker and writer, Mr. Keller’s articles have appeared in the Stanford Law Review, Virginia Law Review, and Texas Law Review. He has also served as an adjunct professor of constitutional litigation, Supreme Court practice, and federal courts at the University of Texas School of Law.
