Stare Decisis and Constitutional Text
Stanford Student Chapter
Speaker:
- Jonathan Mitchell, Solicitor General of Texas
- Professor Michael Toth, Stanford Law
Speaker:
- Jonathan Mitchell, Solicitor General of Texas
- Professor Michael Toth, Stanford Law
Stanford Student Chapter
Speaker:
Speaker:
Former Solicitor General of Texas
Jonathan F. Mitchell is Principal at Mitchell Law PLLC. He received his law degree with high honors from the University of Chicago Law School, where he was an articles editor of The University of Chicago Law Review and a member of the Order of the Coif.
After graduating from law school, Mr. Mitchell clerked for Judge J. Michael Luttig of the U.S. Court of Appeals for the Fourth Circuit and for Justice Antonin Scalia of the Supreme Court of the United States. He then served as an Attorney-Adviser in the Office of Legal Counsel of the United States Department of Justice from 2003 through 2006. After leaving the Department of Justice, Mr. Mitchell served as a Visiting Researcher at Georgetown University Law Center, a Visiting Assistant Professor at the University of Chicago Law School from 2006 through 2008, and an Assistant Professor of Law at George Mason University from 2008 through 2010.
In 2010, Mr. Mitchell was appointed Solicitor General of Texas, a position he held until January 2015. After leaving the Texas Solicitor General’s office, Mr. Mitchell served as the Searle Visiting Professor of Law at the University of Texas School of Law before joining the Hoover Institution as a Visiting Fellow from 2015 to 2016. Mr. Mitchell also served as a Visiting Professor of Law at Stanford Law School before opening his own law firm in 2018.
Mr. Mitchell has published numerous works of scholarship in top-10 law journals, and he has written articles on textualism, national-security law, criminal law and procedure, judicial review and judicial federalism, and the legality of stare decisis in constitutional adjudication.
Mr. Mitchell has argued eight times before the Supreme Court of the United States, and more than 20 times in the federal courts of appeals. He has also argued before Supreme Court of Texas and in numerous trial courts. Mr. Mitchell has authored the principal merits brief in 11 Supreme Court cases, and has written and submitted more than 20 amicus curiae briefs in the Supreme Court.
Mr. Mitchell devised the novel enforcement mechanism in the Texas Heartbeat Act, also known as Senate Bill 8, which avoids pre-enforcement judicial review by prohibiting government officials from enforcing the statute and empowering private citizens to bring lawsuits against those who violate it. This produced an end-run around Roe v. Wade and allowed Texas and other states to impose pre-viability abortion bans despite the continued existence of Roe.
Vice President, Legal, Backflip
Michael Toth is Vice President, Legal at Backflip. Michael is a seasoned tech General Counsel with over 15 years of corporate counsel and litigation experience. He is skilled at leading legal and policy teams to executive on high-impact initiatives that deliver tech solutions in dynamic markets. Michael's work has been featured in Bloomberg, Wall Street Journal, the New York Times, Politico, Newsweek, Law 360, and other publications.
Michael has built out full-service legal and regulatory compliance departments, covering contracting, licensing, data privacy and security, employment, and corporate governance. He has represented companies in numerous capital markets transactions and litigated complex commercial cases in private practice. Michael has public-service experience serving a lawyer in the Marine Corps and a senior counsel at the Texas Office of Attorney General. At the Texas AG's office, Michael led the multistate investigation into Google. Michael's work brought together the 49-state coalition that launched a probe in Google's ad tech practices in 2019. Also during his tenure at the Texas AG's office, Michael worked on the opioid multistate and on human trafficking initiatives. In 2018, Michael was appointed to the Austin-based Third Court of Appeals, where he published several opinions on a range of state law issues.
After graduating law school, Michael served on active duty as a lawyer in the United States Marine Corps. A fluent Spanish speaker, Michael completed three overseas legal engagements in South America. Following active duty, Michael was a law clerk for the Honorable Edith H. Jones of the United States Court of Appeals for the Fifth Circuit and for the Honorable Ursula Ungaro of the United States District Court for the Southern District of Florida.
Michael graduated from Stanford University with an honors degree in history and received his law degree and a Masters in history from the University of Virginia. He has published numerous articles on legal topics as well as a book on the early United States Chief Justice Oliver Ellsworth. He lives outside of Austin, Texas, with his wife and three children.