Judicial Usurpation of Executive Powers: The Judiciary’s Resistance to President Trump
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Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Senior Research Fellow, Coin Center
James is Senior Research Fellow at Coin Center. Prior to joining Coin Center, James spent five years in several roles at the Consumer Financial Protection Bureau, the last of which included market monitoring and internal consultation on consumer protection policy issues related to new and emerging payment systems and technologies. James received his Bachelor of Arts in Mathematics and Economics from Oberlin College.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Professor of Law, Vanderbilt Law School
Benjamin Mazur Summer Research Professor of Law Affiliated Faculty, Ford Motor Company Center for Global Citizenship, Northwestern University School of Law
Jide Nzelibe joined Northwestern's faculty as an assistant professor in 2004 became a full Professor in 2008. He served as the Bigelow Teaching Fellow and Lecturer in Law at the University of Chicago before joining Northwestern Law. In addition to his JD from Yale Law School, he also holds an MPA in international relations from Princeton University, where he was awarded a fellowship from the Woodrow Wilson Foundation and a pre-doctoral fellowship from the Ford Foundation. His research and teaching interests include international trade, foreign relations law, public and private international law and contracts.
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
Jeremy A. Rabkin is a Professor Emeritus of Law at the Antonin Scalia Law School, George Mason University. Before joining the faculty in June 2007, he was for over two decades a professor in the Department of Government at Cornell University. Professor Rabkin serves on the board of directors of the Center for Individual Rights, a public interest law firm based in Washington, D.C. Previously he was a board member of the U.S. Institute of Peace and the board of academic advisors of the American Enterprise Institute.
Professor Rabkin’s books include Law Without Nations? (Princeton University Press, 2005). He authored “If You Need a Friend, Don’t Call a Cosmopolitan,” a chapter in Varieties of Sovereignty and Citizenship (Sigal R. Ben-Porath & Rogers M. Smith eds., University of Pennsylvania Press, 2012). His articles have appeared in major law reviews and political science journals and his journalistic contributions in a range of magazines and newspapers, including the Washington Post and the Wall Street Journal.
Professor, University of Minnesota Law School
Ilan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He previously taught at Arizona State University. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, and the Texas Law Review among other journals.
Professor Wurman is the author of a casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 2d ed. 2024). He is also the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). His next book, The Constitution of 1789: A New Introduction, is also forthcoming with Cambridge University Press.
Professor Wurman practices law with the firm Tully Bailey. He has litigated a variety of administrative law and constitutional law cases, including cases involving COVID-19 restrictions, transmission lines, and Appointments Clause challenges. He also devised winning public nuisance theories to force city governments to address the increasingly challenging public camping crises throughout the country.
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Director, Independent Women's Law Center, Independent Women's
Jennifer C. Braceras, a member of the Federalist Society Board of Visitors, is the director of Independent Women’s Law Center and a former member of the U.S. Commission on Civil Rights.
Ms. Braceras is a graduate of the Harvard Law School, where she served as an editor of the Law Review. After law school, she clerked for two federal judges and practiced labor and employment law with the Boston law firm Ropes & Gray.
A long time political columnist and editor, Ms. Braceras's writing has appeared in a variety of publications, including the Wall Street Journal, the Boston Globe, the Hill, and National Review Online. She co-hosts At the Bar, a bimonthly virtual happy hour discussion about issues at the intersection of law, politics, and culture.
Former Associate Justice, Massachusetts Supreme Judicial Court
Judith Cathy Arnold Cowin is a retired justice of the Massachusetts Supreme Judicial Court. She was born in Boston. Cowin received her undergraduate degree from Wellesley College and her J.D. degree from Harvard Law School.
Senior Lecturer on Law, Harvard Law School
Nancy Gertner is a former U.S. federal judge who built her career around standing up for women’s rights, civil liberties and justice for all. Gertner was appointed to the federal bench of the U.S. District Court of Massachusetts by President Bill Clinton in 1994. She retired from the bench in 2011 to teach at Harvard Law School.
Named one of “The Most Influential Lawyers of the Past 25 Years” by Massachusetts Lawyers Weekly, Gertner has written and spoken throughout the U.S., Europe and Asia. She has published widely on sentencing, discrimination, and forensic evidence; women’s rights; and the jury system. Her autobiography, “In Defense of Women: Memoirs of an Unrepentant Advocate,” was published in 2011.
She is a graduate of Barnard College, Columbia University, and holds a M.A in Political Science and J.D. from Yale University. She has received numerous awards, including the Margaret Brent Award from the ABA commission on the status of Women, Massachusetts Bar Association’s Hennessey Award for judicial excellence in 2011; the Morton A. Brody Distinguished Judicial Service Award from Colby College in 2010; the National Association of Women Lawyers’ highest honor, the Arabella Babb Mansfield Award, in 2011,The Women's Bar Association's highest award, The Lelia Robinson Award, in 2012, and, in 2008, the Thurgood Marshall Award from the American Bar Association, Section of Individual Rights and Responsibilities, which recognized her contributions to advancing human rights and civil liberties. The Marshall award has been given to one other woman, Justice Ruth Ginsburg.
In November 2014, she gave the Pope and John lecture at Northwestern University. In October 2014, she was a resident scholar at the Rockefeller Foundation in Bellagio, Italy; In September she gave the keynote address at the 18th Anniversary Celebration of the Jewish Women’s archive (September 14, 2014).
Gertner is presently working on her second book, Incomplete Sentences, concerning the men who she sentenced over her 17 year career as a federal judge. In addition to writing about them, highlighting the unfairness and disproportionality of their sentences, she is assisting in clemency petitions where appropriate.
Drawing on her wide ranging experience in practice and as a judge, Gertner also consults and litigates in civil right cases (she is of counsel to Neufeld, Scheck & Brustin, a civil rights firm in New York City), white collar criminal case (she is of counsel to Fick and Marx, a white collar criminal defense firm in Boston), as well as in employment discrimination and false claims cases.
Drawing on her judicial experience, Gertner engages in mediation and arbitration with Resolutions, LLC. (with Eric Green) and the Southeast Regional Mediation, Arbitration and Compliance Association (with Bill Nettles and Paul Zwier).
Attorney, Allen Harris Law
Samantha Harris is a nationally recognized attorney advising students and faculty on issues of campus due process, Title IX, free speech, and academic freedom. Drawing on more than 15 years at the Foundation for Individual Rights in Education (FIRE), where she served as Vice President for Policy Research, she guides students, faculty, administrators, and attorneys through complex disciplinary and constitutional issues involving free speech, fair hearings, and faculty-student rights.
A graduate of Princeton University and the University of Pennsylvania Law School (Articles Editor, Journal of Constitutional Law), Samantha clerked for the Hon. Jay C. Waldman in the U.S. District Court for the Eastern District of Pennsylvania and began her legal career at Pepper Hamilton LLP. At FIRE, she led efforts to reform campus policies and defended individuals in high-profile Title IX and free speech disputes.
Now at Allen Harris PLLC, a firm focused on Title IX and campus defense, Samantha represents students and professors in investigations, hearings, appeals, and related litigation. Samantha’s practice emphasizes strategic advocacy in campus disciplinary systems and litigation-ready defense in federal court. Her blend of policy experience, legal skill, and media visibility positions her as a leading resource for issues at the intersection of education law and constitutional rights.
U. S. District Court Judge, District of Massachusetts
Nominated by Barack H. Obama on November 30, 2011, to a seat vacated by Nancy Gertner; Confirmed by the Senate on June 4, 2012, and received commission on June 6, 2012.
U. S. Magistrate Judge, U. S. District Court for the District of Massachusetts, 2006-2012
Op-Ed Columnist, The Boston Globe
Jeff Jacoby, who has been a columnist for The Boston Globe since 1994, is a conservative writer with a national reputation.
A native of Cleveland, Jeff has degrees from George Washington University and from Boston University Law School. Before entering journalism, he (briefly) practiced law at the prominent firm of Baker & Hostetler, worked on several political campaigns in Massachusetts, and was an assistant to Dr. John Silber, the president of Boston University. In 1999, Jeff became the first recipient of the Breindel Prize, a major award for excellence in opinion journalism. In 2014, he was included in the “Forward 50,” a list of the most influential American Jews.
Author, Lawyer and Social Critic
Wendy Kaminer, a lawyer and social critic, writes about law, liberty, feminism, religion, and popular culture. Her latest book is Worst Instincts: Cowardice, Conformity and the ACLU, (Beacon Press.) A former Guggenheim fellow and recipient of the Smith College Medal, she is the author of seven previous books, including Free for All: Defending Liberty in America Today; Sleeping with Extra-Terrestrials: The Rise of Irrationalism and Perils of Piety; True Love Waits: Essays and Criticism; It’s All the Rage: Crime and Culture; I’m Dysfunctional, You’re Dysfunctional: The Recovery Movement & Other Self-Help Fashions; and A Fearful Freedom: Women’s Flight from Equality.
Her articles and reviews, dating back to the 1980s, have appeared in numerous publications including The New York Times, The Atlantic Monthly, The Wall Street Journal, The Village Voice, The American Prospect, Dissent, The Nation, The Wilson Quarterly, Free Inquiry, Slate.com, thefreeforall.net and spiked-online.com. Her commentaries have aired on National Public Radio.
Before embarking on her writing career, Ms. Kaminer briefly practiced law, as a criminal defense attorney for the New York Legal Aid Society and a staff attorney in the New York City Mayor's Office. Law has remained one of her primary subjects, and her writings on such apparently disparate topics as feminism, criminal justice, free speech, religion, spirituality, and popular culture are shaped by common concerns for liberty, individualism, ethics, and rationality. A former board member of the American Civil Liberties Union, Kaminer is an ardent civil libertarian and currently serves on the advisory boards of the Foundation for Individual Rights in Education and the Secular Coalition for America. She does not twitter.
Partner, McCarter & English, LLP
Daniel Kelly brings over thirty years of experience to the firm’s government contracts group. His practice combines both counseling and acting as an advocate on behalf of clients doing business in the government marketplace. Dan has knowledge of the government contracting process both on a federal and state level, and the specific laws, regulations, contract clauses and dispute resolution mechanisms in this specialized area. He provides advice and guidance to clients who are in the government supply chain, either as prime contractors, subcontractors or vendors. He reviews government solicitations with clients, prepares proposals, and negotiates teaming arrangements and subcontracts with other suppliers. He helps clients build and enhance their compliance programs. He assists clients in protecting their intellectual property and proprietary information concerning their businesses when doing business with the government. He advocates for clients who wrongfully were passed over for a contract award. He prepares claims arising under government contracts as a result of change orders, delays, and terminations for default or convenience. Dan’s practice extends to a broad spectrum of industries and federal and state authorities for whom they supply research, products and services, including emerging and established biomedical, intelligence, pharma, security, and textile R&D, manufacturing and production houses working under prime and subcontracts, SBIRs, CRADAs, OTAs, and grants for DoD and civilian agencies; Medicare and Medicaid audit and investigation service providers; commercial software developers who modify their software for military applications; professional services providers; and raw materials and component suppliers to large military prime contractors.
Dan is the author of the August 2018 edition Thomson Reuters’ Briefing Papers, which provides a comprehensive review of patent rights under “Other Transaction Agreements” (OTAs) with DoD and NASA. Heavily promoted by Congress, and only partially understood by industry, OTAs are quickly becoming DoD’s and NASA’s contractual vehicle of choice to lure commercial companies to sell the Government their latest and greatest technologies. However, OTAs are not governed by standard government contracts laws and regulations, meaning there are significant changes to the common provisions of ownership and license rights incident to government contracts and grants. The Briefing Paper should be required reading before entities enter into an OTA as a vehicle for developing new technologies for NASA and DoD to ensure their company’s intellectual property efforts are properly protected
In the matters, AdvanceMed Corporation, B-415360,B-415360.2,B-415360.3 (Dec 19, 2017), and AdvanceMed Corporation, B-414373.3 (Jan 10, 2018) Dan and the Government Contracts team at McCarter successfully defended its client Health Integrity, LLC (now Qlarant) against protests launched at the Government Accountability Office challenging awards by the Centers for Medicare and Medicaid Services (CMS) for Medicare and Medicaid audit and program integrity services.
Dan serves on the Board of Directors for NCMA Boston (National Contract Management Association) and NDIA New England (National Defense Industrial Association), and is a frequent speaker at NCMA and NDIA events.
Dan serves as an adjunct member of the faculty at Suffolk University Law School where he has taught Government Contracts.
Dan receives Mentor of the Year Award in recognition of his contributions and support to NCMA Boston Chapter’s 2017-2018 Program Year.
U.S. Attorney, District of Massachusetts
Before his appointment as U.S. Attorney for the District of Massachusetts, Andrew Lelling was a federal prosecutor for over 15 years, serving first in the Civil Rights Division at the Justice Department and later at the U.S. Attorney’s Offices for the Eastern District of Virginia and the District of Massachusetts.
During his time as a prosecutor in the District of Massachusetts, Mr. Lelling served as Senior Litigation Counsel and as an Assistant U.S. Attorney in the Economic Crimes Unit and on the Organized Crime and Drug Enforcement Task Force. He was the lead prosecutor in a number of complex fraud, immigration and international drug trafficking investigations including, most recently, the successful prosecution of one of the largest pyramid schemes ever charged by the Department of Justice, which involved over a million victims worldwide and losses of $3 billion. In addition, Mr. Lelling has prosecuted major drug trafficking organizations, domestic branches of Mexican drug cartels, and global drug traffickers based in Eastern Europe. In his role as the Senior Litigation Counsel, Mr. Lelling developed enforcement policy for criminal prosecutions and trained prosecutors and law enforcement officers on criminal practice.
Before serving as a federal prosecutor, Mr. Lelling was Counsel to the Assistant Attorney General for the Civil Rights Division, focusing on criminal civil rights enforcement, voting rights enforcement actions, and civil investigations of major city police departments. In this role, Mr. Lelling led the Department’s investigation of the 2000 Presidential election in Florida and negotiated human rights issues with the Chinese government. In addition, Mr. Lelling advised on the drafting of the USA PATRIOT Act in the wake of the September 11, 2001, terrorist attacks and led the Department’s task force for responding to backlash crimes.
Before joining the Justice Department, Mr. Lelling was a senior litigation associate at Goodwin Procter in Boston and a litigation associate at LeBoeuf, Lamb, Greene & MacRae in New York. He also clerked for the U.S. District Court Chief Judge B. Avant Edenfield in the Southern District of Georgia.
Mr. Lelling graduated cum laude from University of Pennsylvania Law School in 1994 and received a Bachelor of Arts in Literature & Rhetoric from Binghamton University in 1991. He is a member of the Federalist Society and a former member of the Boston Bar Journal’s Board of Editors.
Practice Group Leader - Complex Trial & Appellate Litigation, Choate Hall & Stewart LLP
For more than thirty years, Joan Lukey has tried complex business litigation, employment and other cases in state and federal court in Massachusetts and New Hampshire and nationwide. She has tried approximately 100 jury trials and a myriad of bench trials and arbitrations in all aspects of business disputes. In addition, she is an accomplished appellate lawyer, having argued approximately 60 federal and state appeals.
Since 1983, Ms. Lukey has been selected by her peers for each edition of The Best Lawyers in America in the areas of business, bet-the-company, commercial, personal injury, employment and First Amendment litigation. She has also been routinely recognized for the last several years in Chambers USA and Chambers Global as a Band One Litigator.
Ms. Lukey is a past President of the prestigious American College of Trial Lawyers, the first woman ever to hold this position. Before joining Choate in 2014, she was a partner at Ropes & Gray in the Complex Business Litigation Practice Group from 2008 until 2014, after almost thirty years as a partner at WilmerHale. She has served twice as a Massachusetts Special Assistant Attorney General and has written extensively on issues of Gubernatorial and Presidential Executive Privilege.
Founding Artistic Director, Commonwealth Shakespeare Company
Steven Maler is the Founding Artistic Director of Commonwealth Shakespeare Company (CSC). At CSC he has been directing Free Shakespeare on the Boston Common productions since 1996, including Love’s Labour’s Lost, King Lear, Twelfth Night, The Two Gentlemen of Verona, Coriolanus, All’s Well That Ends Well, Othello, The Comedy of Errors, As You Like It, A Midsummer Night’s Dream, The Taming of the Shrew, Hamlet, Much Ado About Nothing, Macbeth, Henry V, The Tempest, Julius Caesar, and Romeo & Juliet. In collaboration with Boston Landmarks Orchestra, he directed A Midsummer Night’s Dream, featuring the Overture and Incidental Music of Felix Mendelssohn, as well as concert stagings of The Boys from Syracuse and Kiss Me, Kate at Boston’s iconic Hatch Shell.
In a joint venture between CSC and Google, he most recently directed a Virtual Reality adaption of Hamlet entitled Hamlet 360: Thy Father’s Spirit, which is currently available for viewing on Boston public media producer WGBH’s YouTube channel.
Other CSC works include the critically acclaimed production of Ariel Dorfman’s Death and the Maiden, the world premiere of Jake Broder’s Our American Hamlet, and the world premiere of Robert Brustein’s The Last Will. He directed Peter Eötvös’s operatic treatment of Tony Kushner’s Angels in America (U.S. Premiere) and Thomas Adès’ Powder Her Face, The Turn of the Screw at New Repertory Theatre, Santaland Diaries and Chay Yew’s Porcelain at SpeakEasy Stage Company, Top Girls and Weldon Rising at Coyote Theatre, and The L.A. Plays by Han Ong at A.R.T. His New York City credits include the New York Musical Theatre Festival production of Without You, written by and starring Anthony Rapp. The production has been seen in Boston, Edinburgh, Toronto, London and Seoul.
He received the Elliot Norton Award for Sustained Excellence as well as for Best Production, Twelfth Night;Outstanding Director, A Midsummer Night’s Dream; Best Production, Suburbia; Best Solo Performance, John Kuntz’s Starf***ers (which also won Best Solo Performance Award at New York International Fringe Festival).
His feature film “The Autumn Heart”, starring Tyne Daly and Ally Sheedy, was in the Dramatic Competition at the Sundance Film Festival.
U.S. District Court Judge, District of Massachusetts
Nominated by William J. Clinton on April 4, 1995, to a new seat created by 104 Stat. 5089; Confirmed by the Senate on May 25, 1995, and received commission on May 26, 1995.
Associate Artistic Director, Commonwealth Shakespeare Company
Adam Sanders is the Associate Artistic Director at Commonwealth Shakespeare Company, theater-in-residence at Babson College. He serves as director of the Apprentice Program, and is the director and originator of CSC2, a cohort of early-career actors. Directing credits for CSC include: Romeo and Juliet, A Midsummer Night’s Dream, Julius Caesar (CSC2 Company), Symphonic Shakespeare, (in collaboration with Boston Landmarks Orchestra at the Boston Hatch Shell); co-director: Kiss Me Kate, A Midsummer Night’s Dream, and The Boys From Syracuse (also BLO/Hatch Shell collaborations), co-director/dramaturg: Shakespeare and Leadership (2013 – 2017), and CSCs unprecedented Shakespeare at Fenway performance in 2014; director: Shakespeare and the Law (2017). At Babson College, Adam is the Associate Director of the Sorenson Center for the Arts where he supports the artistic development of undergraduate students within a business focused curriculum. Adam holds a Master of Arts in theater education from Emerson College and is a Master of Business Administration candidate at Babson College.
United States District Judge for the District of Massachusetts
Patti B. Saris is the Chief United States District Judge of the United States District Court for the District of Massachusetts. She is also the former Chair of the United States Sentencing Commission.
U.S. District Court Judge, District of Massachusetts
F. Dennis Saylor IV is a federal judge for the United States District Court for the District of Massachusetts. He joined the court in 2004 after being nominated by President George W. Bush. At the time of appointment, Saylor served as Special Counsel & Chief of Staff to the Assistant Attorney General in the Criminal Division of the U.S. Department of Justice in Washington, DC. Saylor also serves on the United States Foreign Intelligence Surveillance Court. His term runs from May 19, 2011 until May 18, 2018.
U.S. District Court Judge, District of Massachusetts
Douglas Preston Woodlock is a federal judge for the U.S. District Court for the District of Massachusetts. He joined the court in 1986 after being nominated by President Ronald Reagan. At the time of appointment, Woodlock served as Chairman of the Massachusetts Committee for Public Counsel Services.
U.S. District Court Judge, District of Massachusetts
Rya Weickert Zobel is a federal judge of the United States District Court for the District of Massachusetts. She joined the court in 1979 after being nominated by President Jimmy Carter. At the time of her appointment, Zobel was a private practice attorney inMassachusetts.
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.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Partner, Clement & Murphy, PLLC
Erin Murphy is founding partner of Clement & Murphy, PLLC. She is widely recognized as one of the nation’s leading Supreme Court and appellate advocates. She has argued dozens of cases in appellate and trial courts throughout the country, including the Supreme Court and nearly all of the federal courts of appeals. Erin has long been ranked by Chambers & Partners rankings as a leading appellate practitioner, and the National Law Journal has named her one of the nation’s “Outstanding Women Lawyers.” Erin also has an active pro bono practice, through which she has successfully represented many religious organizations and adherents, criminal defendants, asylum applicants, adoptive parents, and more.
Erin is an adjunct professor at her alma mater the Georgetown University Law Center, a member and former officer of the Edward Coke Appellate Inn of Court, and a frequent speaker on topics relating to the Supreme Court and appellate advocacy. In her spare time, Erin serves on the board of directors of Street Law.
Constitutional Scholarship Director and Senior Legal Analyst, Pacific Legal Foundation
Anastasia Boden is Director of Constitutional Scholarship at Pacific Legal Foundation, where she leads the organization’s Supreme Court commentary and directs scholarly analysis in support of the firm’s litigation. She has represented entrepreneurs and small businesses nationwide in challenges to onerous licensing regimes, anti-competitive titling restrictions, Certificate of Need (“competitor’s veto”) laws, and other forms of unnecessary red tape that block economic opportunity.
Prior to this role, Anastasia developed nearly a dozen constitutional challenges to Certificate of Need laws across the country, helping spur legislative reform in Montana, Pennsylvania, and West Virginia. Her victories include a ruling invalidating Houston’s busking restrictions, multiple appellate decisions expanding access to the courts for civil rights plaintiffs, and the legislative repeal of Virginia’s happy-hour advertising ban.
Her writings on law and liberty have been featured in USA Today, The Washington Post, The Wall Street Journal, the Los Angeles Times, the Chicago Tribune, Forbes, and more, and she has appeared on Headline News, CBS News, Fox News, ReasonTV, Newsmax, and John Stossel. In 2020, she was featured on Libertarian Party presidential candidate Jo Jorgensen’s Supreme Court shortlist.
Anastasia earned her BA with dean’s honors from the University of California, Santa Barbara, and her JD from Georgetown University Law Center, where she was research assistant to Professor Randy E. Barnett—the “intellectual godfather” of the constitutional challenge to Obamacare. She is the co-creator of the podcast Dissed, about infamous Supreme Court dissents. She authors the biweekly newsletter SCOTUS Scoop and the column, “In Dissent” for SCOTUSblog.