Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Biography
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.
U.S. District Court for the Northern District of Texas
Biography
Reed Charles O'Connor is a federal judge on the United States District Court for the Northern District of Texas. He joined the court in 2007 after being nominated by President George W. Bush.
A native of Houston, Texas, O'Connor graduated from the University of Houston with his bachelor's degree in 1986 and from South Texas College of Law with his J.D. in 1989.
Speaker Information
Joshua Kleinfeld
Professor of Law, Northwestern University Pritzker School of Law
Biography
Joshua Kleinfeld teaches and writes about political, legal, and moral philosophy, criminal law, and criminal procedure. He also practices law in Northwestern's Juvenile Criminal Defense Clinic. He is a full professor with tenure at the Northwestern Pritzker School of the Law and (by courtesy) in Northwestern’s philosophy department. In 2017-18, he was a visiting professor at Harvard and Stanford Law Schools. He is the recipient of the Bator Award, given annually to one American law professor under the age of 40 who has demonstrated "excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact."
In philosophy, Kleinfeld's research focuses on the idea of "embodied ethical life," as developed in the socio-theoretic tradition of Hegel, Weber, and Durkheim. This tradition aims to understand and critique social life by bringing to light the normative ideas implicit in social practices and institutions. In law, this means that the most interesting philosophical concepts are often those reflected or actualized in legal practice – in the law as judges and lawyers think of it and wield it.
In criminal law and procedure, Kleinfeld has developed a theory known as "reconstructivism," which holds that the chief office of criminal law is not to dole out retributive justice, nor to optimize crime and cost control, but to reconstruct a violated normative order in the wake of a crime. This work, which draws on the thought of Hegel, Durkheim, Jean Hampton, and Antony Duff, develops an alternative to retributive and utilitarian theories of criminal law by focusing on the distinctive social function and sense of justice at work in the criminal system.
Kleinfeld is also involved in practical criminal justice reform. In this vein, he defends children accused of homicide in the Northwestern Juvenile Criminal Defense clinic and assists in litigation efforts meant to reform American criminal law through the courts. He has also developed a view of criminal justice reform known as "democratization," which holds that the root of the American criminal justice crisis is a set of bureaucratic attitudes, structures, and incentives divorced from the American public’s concerns and sense of justice, and that the primary solution is to make criminal justice more community-focused and responsive to lay influences. Working with others, he has developed a number of policy proposals meant to reform American criminal justice in a democratic direction.
Kleinfeld holds a JD from Yale Law School, a PhD in philosophy from the Goethe University of Frankfurt (supervised by Axel Honneth, Klaus Günther, and Rainer Forst), and a BA in philosophy from Yale College. He clerked for Judge J. Harvie Wilkinson on the United States Court of Appeals for the Fourth Circuit; Judge Janice Rogers Brown on the United States Court of Appeals for the D.C. Circuit; and President (chief justice) Aharon Barak of the Supreme Court of Israel. He worked as an Associate at Debevoise & Plimpton LLP in Frankfurt, Germany, in the area of corporate criminal law. Before law school, he worked as a Senior Research Analyst at the White House’s Council on Bioethics.
Kennerly Davis has over forty years of experience in corporate management, public service, and the private practice of law. He has held senior executive positions in a Fortune 500 electric and gas company. He has served as Deputy Attorney General for the Commonwealth of Virginia, and as a legislative aide to a U.S. Senator and a U.S. Congressman. He practiced law for 25 years with Hunton Andrews Kurth LLP.
Davis is active in the Federalist Society as a member of the Regulatory Process Working Group of the Regulatory Transparency Project, and as a member of the Execuitve Committee of the Administrative Law and Regulation Practice Group. He is active in the national Alumni Free Speech Alliance, and involved in AFSA-chapter initiatives, including litigation, to publicize and correct the serious legal problems created by university Diversity, Equity, and Inclusion programs and the anonymous bias reporting systems used to enforce those DEI programs.
Davis writes and speaks on a wide variety of topics, including those related to the Founding of America, the natural rights foundation of our Republic, the constitutional rule of law, equal protection and free speech, DEI programs and bias reporting systems, capitalism, regulation and regulatory reform, and economic development. His articles have appeared in The Wall Street Journal, the Washington Examiner, the Richmond Times-Dispatch, The Federalist Society Review, the FedSoc Blog, Real Clear Energy, Townhall, the Daily Caller, reports of the Center for Strategic & International Studies, and other publications. He appears frequently on radio, podcasts, and television.
Davis graduated with honors from Cornell University with an A.B. degree in Government. He earned an M.A. degree from Pembroke College, Oxford, in Philosophy, Politics, and Economics. He was awarded a J.D. degree from Harvard Law School, and an M.B.A. degree from Virginia Commonwealth University.
Davis lives in Richmond, Virginia. He can be contacted by email: j.kendavis@verizon.net, and by phone: (804) 624-8525.
Judge, United States Court of Appeals, Sixth Circuit
Biography
Amul R. Thapar serves as a judge on the United States Court of Appeals for the Sixth Circuit. His judicial career began in 2007 when President George W. Bush nominated him to serve on the Eastern District of Kentucky, making him the first South Asian Article III judge in American history. In 2017, he became President Donald J. Trump’s first appellate court nominee.
Before joining the bench, Judge Thapar served as the United States Attorney for the Eastern District of Kentucky. While United States Attorney, Judge Thapar worked on the Attorney General’s Advisory Committee (“AGAC”) and chaired the AGAC’s Controlled Substances and Asset Forfeiture subcommittee. He also served on the Terrorism and National Security subcommittee, the Violent Crime subcommittee, and the Child Exploitation working group.
Judge Thapar has worked in private practice, at Williams & Connolly in Washington, D.C., and Squire, Sanders & Dempsey in Cincinnati, Ohio. He also served as an Assistant United States Attorney in both the Southern District of Ohio and the District of Columbia.
Judge Thapar received his undergraduate degree from Boston College and his law degree from the University of California, Berkeley. After graduating, Judge Thapar worked as a law clerk to the Honorable S. Arthur Spiegel of the United States District Court for the Southern District of Ohio, and the Honorable Nathaniel R. Jones of the United States Court of Appeals for the Sixth Circuit.
Judge Thapar has also published in the Yale Law Journal, Michigan Law Review, and Catholic University Law Review. He teaches courses on originalism, the Federalists and Anti-Federalists, and legal writing at Notre Dame Law School, the University of Virginia School of Law, and Vanderbilt Law School.
E. Claiborne Robins Distinguished Chair in Law, University of Richmond School of Law
Biography
Professor Kurt Lash teaches and writes about constitutional law. Founder and director of the Richmond Program on the American Constitution, Professor Lash has published widely on the subjects of constitutional law and constitutional history, including The Fourteenth Amendment and the Privileges or Immunities of American Citizenship (Cambridge University Press, 2014), The Lost History of the Ninth Amendment (Oxford University Press, 2009), and The American First Amendment in the Twenty-first Century: Cases and Materials(with William W. Van Alstyne) (5th ed., Foundation Press, 2014). An elected member of the American Law Institute, Professor Lash’s work has appeared in numerous legal journals including the Stanford Law Journal, Georgetown Law Journal, Virginia Law Review, andNotre Dame Law Review. He has been a visiting professor at Northwestern University School of Law and is the former director of the University of Illinois College of Law Program in Constitutional Theory, History, and Law.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Biography
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Professor Suja A. Thomas's research interests include the Fifth, Sixth, and Seventh Amendment jury provisions, civil procedure, employment law, theories of constitutional interpretation, and consumer issues. She is currently working on two books, one entitled The Missing American Jury: Restoring Its Fundamental Constitutional Role, which Cambridge University Press will publish, and the other, co-authored with Sandra Sperino, entitled Unequal Justice: Why Employment Discrimination Plaintiffs Lose, which Oxford University Press will publish. Her article "Why Summary Judgment is Unconstitutional," published by the Virginia Law Review, has been the basis of arguments in the federal courts and was featured in a piece in The New York Times where her argument was referred to as "perfectly plausible." A panel of the 6th Circuit referred to her historical analysis in that article as "interesting," and her article was the impetus for a symposium of the Iowa Law Review. Professor Thomas's other work has also been influential. Her article on remittitur was the basis of a petition for certiorari to the Supreme Court, and a federal judge has commented that "her caution [regarding the effective elimination of the jury trial right through remittitur] merits evaluation by the federal courts." Also, recently, theWall Street Journal ran an article based on her co-authored article "Employer Costs and Conflicts Under the Affordable Care Act," published by the Cornell Law Review Online.
Professor Thomas earned her bachelor of arts from Northwestern University in mathematics and received her law degree from New York University School of Law. At N.Y.U., she served as an articles editor on the N.Y.U. Law Review, and she received several awards including the Leonard M. Henkin Prize for her note on equal rights under the 14th Amendment, the Mendes Hershman Prize for excellence in writing in the field of property law and the William Miller Memorial Award for outstanding scholarship in the field of municipal law. After graduating from law school and a federal clerkship in Chicago, Professor Thomas practiced law in New York City with Cravath, Swaine & Moore, Vladeck, Waldman, Elias & Engelhard, P.C. and Weil, Gotshal & Manges, LLP.
Professor Thomas began her academic career as a professor at the University of Cincinnati College of Law in 2000 and was a visiting professor at Vanderbilt University Law School in the spring of 2008. She joined the University of Illinois College of Law faculty in the fall of 2008.
Back in the day, Professor Thomas ran several marathons, including Boston, with a personal best of 3:02. She lives in Urbana with her husband Scott and dog Javi.
John P. Murphy Foundation Professor of Law and Associate Dean for External Engagement, University of Notre Dame Law School
Biography
Nicole Stelle Garnett is the John P. Murphy Foundation Professor of Law at Notre Dame Law School, where she also serves as the Associate Dean for External Engagement and directs the Notre Dame Education Law Project. Her teaching and research focus on education law and policy, religious liberty, and topics related to property law (especially land use and urban development policies). In addition to dozens of articles on these subjects, she is the author of Lost Classroom, Lost Community: Catholic Schools' Importance in Urban America (University of Chicago Press, 2014) and Ordering the City: Land Use, Policing and the Restoration of Urban America (Yale University Press, 2009).
Garnett received her B.A. with distinction in Political Science from Stanford University and her J.D. from Yale Law School. After law school, she clerked for the Honorable Morris S. Arnold of the United States Court of Appeals for the Eighth Circuit and for Associate Justice Clarence Thomas of the Supreme Court of the United States. Before joining the law school faculty in 1999, she worked for two years as a staff attorney at the Institute for Justice, a non-profit public-interest law firm in Washington, D.C., where she helped to defend the constitutionality of the nation's first private-school-choice programs.
At Notre Dame, Garnett is a faculty fellow in the Institute for Educational Initiatives, Kellogg Institute for International Studies, Fitzgerald Institute for Real Estate, and deNicola Center for Ethics and Culture. She also is an elected member of the American Law Institute and a Senior Fellow at the Manhattan Institute.
Michael J. Marks Professor of Law, University of Chicago Law School
Biography
M. Todd Henderson is the Michael J. Marks Professor of Law at the University of Chicago Law School. Professor Henderson’s research interests include corporations, securities regulation, and law and economics. He has taught classes ranging from Banking Regulation to Torts to American Indian Law.
Professor Henderson received an engineering degree cum laude from Princeton University in 1993. He worked for several years designing and building dams in California before matriculating at the Law School. While at the Law School, Todd was an editor of the Law Review and captained the Law School's all-University champion intramural football team. He graduated magna cum laude in 1998 and was elected to the Order of the Coif. Following law school, Todd served as clerk to the Hon. Dennis Jacobs of the US Court of Appeals for the Second Circuit. He then practiced appellate litigation at Kirkland & Ellis in Washington, DC, and was an engagement manager at McKinsey & Company in Boston, where he specialized in counseling telecommunications and high-tech clients on business and regulatory strategy.
Professor Suja A. Thomas's research interests include the Fifth, Sixth, and Seventh Amendment jury provisions, civil procedure, employment law, theories of constitutional interpretation, and consumer issues. She is currently working on two books, one entitled The Missing American Jury: Restoring Its Fundamental Constitutional Role, which Cambridge University Press will publish, and the other, co-authored with Sandra Sperino, entitled Unequal Justice: Why Employment Discrimination Plaintiffs Lose, which Oxford University Press will publish. Her article "Why Summary Judgment is Unconstitutional," published by the Virginia Law Review, has been the basis of arguments in the federal courts and was featured in a piece in The New York Times where her argument was referred to as "perfectly plausible." A panel of the 6th Circuit referred to her historical analysis in that article as "interesting," and her article was the impetus for a symposium of the Iowa Law Review. Professor Thomas's other work has also been influential. Her article on remittitur was the basis of a petition for certiorari to the Supreme Court, and a federal judge has commented that "her caution [regarding the effective elimination of the jury trial right through remittitur] merits evaluation by the federal courts." Also, recently, theWall Street Journal ran an article based on her co-authored article "Employer Costs and Conflicts Under the Affordable Care Act," published by the Cornell Law Review Online.
Professor Thomas earned her bachelor of arts from Northwestern University in mathematics and received her law degree from New York University School of Law. At N.Y.U., she served as an articles editor on the N.Y.U. Law Review, and she received several awards including the Leonard M. Henkin Prize for her note on equal rights under the 14th Amendment, the Mendes Hershman Prize for excellence in writing in the field of property law and the William Miller Memorial Award for outstanding scholarship in the field of municipal law. After graduating from law school and a federal clerkship in Chicago, Professor Thomas practiced law in New York City with Cravath, Swaine & Moore, Vladeck, Waldman, Elias & Engelhard, P.C. and Weil, Gotshal & Manges, LLP.
Professor Thomas began her academic career as a professor at the University of Cincinnati College of Law in 2000 and was a visiting professor at Vanderbilt University Law School in the spring of 2008. She joined the University of Illinois College of Law faculty in the fall of 2008.
Back in the day, Professor Thomas ran several marathons, including Boston, with a personal best of 3:02. She lives in Urbana with her husband Scott and dog Javi.
Vice President for Legal Affairs, Mackinac Center for Public Policy
Biography
Patrick Wright is Vice President for Legal Affairs at the Mackinac Center for Public Policy, where he directs the Mackinac Center Legal Foundation. He joined the Center in June 2005 after serving for three years as a Michigan Supreme Court commissioner, a post in which he made recommendations to the court concerning which state appeals court cases it should hear.
Prior to that, Wright spent four years as an assistant attorney general for the State of Michigan, where he gained significant litigation and appellate advocacy experience. He joined the state Attorney General’s Office after one year as a policy advisor in the Senate Majority Policy Office of the Michigan Senate. Wright also spent two years as a law clerk to Hon. H. Russell Holland, a United States district court judge in Alaska.
Wright received his law degree at George Washington University in Washington, D.C. He graduated with honors in 1994. He received his undergraduate degree in political science from the University of Michigan in 1990. In 2025, he was the first public interest attorney to receive the Federalist Society Michigan Lawyers Chapter Grano Award.
Aside from directly representing clients, Wright has filed numerous amicus briefs, including many to the United States Supreme Court. In 2018, the Supreme Court cited his brief on behalf of the Center in the Janus v. AFSCME decision. In addition to being featured in many state publications, he has been published nationally in The Wall Street Journal, The Washington Post, and The Hill. He has appeared on the Sean Hannity Show and was interviewed by Shepard Smith on Fox News.
Wright lives in Midland, Mich., with his wife and sons.
