Scalia Speaks: Reflections on Law, Faith and Life Well Lived
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Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
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.
Leitner Family Professor of International Law and Co-Founder & Co-Director of the Center on Asian Americans & the Law, Fordham University School of Law
Thomas H. Lee is the Leitner Family Professor of International Law at Fordham, where he teaches civil procedure, constitutional law, federal courts, international law, and the U.S. law of civil-military relations. His meticulously researched and historically-grounded scholarship has argued that the Eleventh Amendment reflected the classical international law principle that only a sovereign state—not its citizens or subjects— has rights against other sovereign states; that the Alien Tort Statute was a national-security peacekeeping statute, not an international human-rights statute, enacted in 1789 when the United States was a militarily weak state; and that the Natural Born Citizen Clause regarding presidential eligibility reflected natural-law principles of membership by descent as well as domestic birthplace. His current research examines the nature of Article III judicial power and the role of the federal courts in American society.
He is Co-Director of the Center on Asian Americans and the Law, Special Counsel at Hughes Hubbard & Reed, and a Member of the American Law Institute. He was Special Counsel to the General Counsel of the U.S. Department of Defense, a Member of the ICSID Panel of Conciliators, Adviser to the Constitutional Court of Korea, and Visiting Professor at Columbia, Harvard, and the University of Virginia law schools, as well as Faculty Director of International and Graduate Studies at Fordham from 2006 to 2019. Before his academic career, Lee clerked for Judge Michael Boudin of the First Circuit and Justice David Souter of the Supreme Court and served as an active-duty U.S. naval cryptology officer, afloat on submarines and surface combatants and ashore in Korea, Japan, and with the National Security Agency. He holds A.B. (summa cum laude), A.M. (Regional Studies—East Asia), and J.D. degrees from Harvard, where he was Articles Chair of the Harvard Law Review and a Ph.D. candidate (ABD) in Government.
Co-Chairman, The Federalist Society for Law and Public Policy Studies
Leonard is Co-Chairman and former Executive Vice President of the Federalist Society, joining the organization over 25 years ago. Since that time he has been instrumental in helping the organization top 70,000, focusing on the growth of lawyers membership, operations and activities advancing limited, constitutional government. In addition to his work at the Society, Leonard has advised President Trump on judicial selection, assisted with the Gorsuch and Kavanaugh Supreme Court selection and confirmation process, and served as a member of the transition team. He also organized the outside coalition efforts in support of the Roberts and Alito U.S. Supreme Court confirmations. Leonard was appointed by President George W. Bush to three terms to the U.S. Commission on International Religious Freedom as chairman. He was also a U.S. Delegate to the UN Council and UN Commission on Human Rights during the Bush Administration. Leonard was the recipient of the 2009 Bradley Prize, along with the other founders and directors of the Federalist Society, for his work in advancing freedom and the rule of law. He is the coeditor of Presidential Leadership: Rating the Best and the Worst in the White House, as well as the author of opinion editorials in the New York Times,The Wall Street Journal, and Washington Post. Leonard holds degrees from Cornell University and Cornell Law School. He presently resides in Northern Virginia, where he and his wife Sally have raised their seven children.
Founder and Partner, Dowd Scheffel PLLC
Matthew Dowd focuses his skills on complex appellate and trial litigation, with an emphasis on patent and intellectual property issues. Through his years of practice, Mr. Dowd has successfully worked on numerous high-stakes and eclectic legal matters, focusing primarily on all stages of complex patent matters (AIA proceedings, litigation, prosecution, and counseling). Mr. Dowd's expertise and leadership are regularly consulted, as he is frequently asked to comment in the press on leading intellectual property issues.
Mr. Dowd has substantial experience with Hatch-Waxman litigation, including all stages of opinion analysis, litigation, and appeals. His technical background in medicinal chemistry is ideally suited for litigating pharmaceutical patents. He has represented clients in a range of trial forums for patent disputes, such as the Eastern District of Texas and the District of Delaware, as well as the Patent Trial and Appeal Board at the USPTO.
He has argued and briefed numerous appeals before the U.S. Court of Appeals for the Federal Circuit and other courts involving issues such as patent law, Hatch-Waxman, administrative law, Fifth Amendment takings, contract claims, government employment issues, and criminal law. In 2018, Mr. Dowd is co-counsel with the Hon. Richard Posner (ret.) of U.S. Court of Appeals for the Seventh Circuit in an appeal before the U.S. Court of Appeals for the Fourth Circuit.
In 2013, Mr. Dowd represented Nobel Laureate James Watson, co-discoverer of the DNA double helix, as amicus curiae in the groundbreaking 2013 Supreme Court gene patent case. Mr. Dowd has over 15 years of experience representing clients before the U.S. Patent and Trademark Office.
Mr. Dowd is also well-known for his successful pro bono representation in the "free-range kids" case. The case was widely reported in the national, local, and international news.
Mr. Dowd attended The George Washington University Law School, graduating with high honors and being awarded Order of the Coif. While attending law school and before, Mr. Dowd worked full-time as a registered patent agent at the renowned IP boutique Sterne, Kessler, Goldstein & Fox.
After law school, Mr. Dowd clerked for the Honorable Paul R. Michel, Chief Judge (ret.) of the U.S. Court of Appeals for the Federal Circuit. While a law clerk, Mr. Dowd gained an insider's perspective on the appellate process. Understanding the appellate process is critical to maximizing success at the earlier stages of a case.
Mr. Dowd is currently appointed as a Professorial Lecturer in Law at The George Washington University Law School. He teaches appellate advocacy and is the coach for the student moot court team for the AIPLA Giles Sutherland Rich Moot Court Competition.
Prior to his legal career, Mr. Dowd spent four years in a Ph.D. program in medical chemistry, studying organic chemistry, pharmacology, and pharmaceutical drug design. During his Ph.D. program, Mr. Dowd's research discovered a novel structure-activity relationship for nicotinic ligands with potential utility in treating Alzheimer's and Parkinson's diseases. Mr. Dowd attended The College of William and Mary, in Williamsburg, VA, and Regis High School in New York City.
Partner, Duane Morris LLP
Brian Pandya is Partner at Duane Morris LLP. A member of the firm’s Trial Practice Group, Brian represents technology, manufacturing, and healthcare companies in high-stakes litigation, arbitrations, investigations and appeals. He has served as lead trial counsel in a range of intellectual property, antitrust, complex commercial and white-collar matters. He also regularly counsels clients on cybersecurity and national security issues, particularly matters concerning emerging technologies and artificial intelligence.
Before joining Duane Morris, Brian served at the U.S. Department of Justice as Deputy Associate Attorney General from 2019-21, where he oversaw investigations and litigation undertaken by the Antitrust Division and Civil Division and served on several high-profile task forces and trial teams. Brian was also previously a litigation and IP partner at another prominent Washington, DC firm.
Brian clerked for Judge Leonard Davis on the United States District Court for the Eastern District of Texas. He is a two-time recipient of the Federal Circuit Bar Association’s Pro Bono Advocacy Award for work on behalf of military veterans and has served as volunteer federal public defender in the Eastern District of Virginia, among many other bar and community engagements.
Brian graduated cum laude from the University of Michigan Law School, where he was articles editor of the Michigan Telecommunications and Technology Law Review, and with honors and high distinction in mechanical engineering from Penn State University, where he received the Ralph Dorn Hetzel Memorial Award.
Clayton J. and Henry R. Barber Professor of Law, Northwestern University Pritzker School of Law and Co-Chairman, Board of Directors, The Federalist Society
STEVEN GOW CALABRESI is the Clayton J. & Henry R. Barber Professor at Northwestern Pritzker School of Law. He has also co-taught in the Fall semester at Yale Law School from 2013 to the present. Calabresi clerked for Justice Antonin Scalia and Judges Robert H. Bork and Ralph K. Winter. He was a Special Assistant to Attorney General Meese from 1985 to 1987 and worked with Ken Cribb as his deputy in 1987 on the second floor of the West Wing of the Reagan White House. Calabresi has written books on presidential power and comparative constitutional law and the origins of judicial review. He and Gary Lawson are the co-editors of a casebook on U.S. Constitutional Law, and Calabresi is also the co-editor of a casebook on comparative constitutional law. He has written over seventy law review articles since 1990.
Professor of Law and Faculty Director for the Georgetown Center for the Constitution, Georgetown University Law Center
Stephanie Barclay is a Professor of Law at Georgetown Law School, and the Faculty Director of the Georgetown Center for the Constitution. Her research focuses on the role our different democratic institutions play in protecting minority rights, particularly at the intersection of free speech and religious exercise. Barclay‘s work is published or is forthcoming in leading journals such as the Harvard Law Review, the Chicago Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal Forum. One of her articles was also selected for the 2020 Stanford/Harvard/Yale Junior Faculty Forum. Her work has been featured in many media outlets, including The New York Times, The Wall Street Journal, The Washington Post, USA Today, Bloomberg BNA, The Hill, and Law 360. And her work has also been cited by the U.S. Supreme Court.
Prior to joining Georgetown, Barclay was twice voted Professor of the Year. Barclay has also litigated constitutional cases at both the trial and appellate level, including before the U.S. Supreme Court. Barclay served as a law clerk to Judge N. Randy Smith on the U.S. Court of Appeals for the Ninth Circuit, and to Justice Neil M. Gorsuch of the U.S. Supreme Court.
Barclay is a Faculty Affiliate at the Constitutional Law Center at Stanford Law School; and she is a Nootbaar Fellow at the Nootbaar Institute on Law, Religion, and Ethics at Pepperdine University. She currently serves as the Chair for the AALS Law and Religion Section and as a Member of the Executive Committee for the AALS Constitutional Law Section. She graduated summa cum laude from BYU Law School, where she was elected to the Order of the Coif. She is completing a Ph.D. in Law at Oxford University as a Clarendon Scholar and a Tang Scholar.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Eric Rassbach is Vice President and Senior Counsel at the Becket Fund for Religious Liberty, where he has served since 2003. He has briefed over 90 cases at the United States Supreme Court and has led or been a part of Becket litigation teams in each of Becket’s pathbreaking victories there, including Hosanna-Tabor, Hobby Lobby, Holt v. Hobbs, Zubik v. Burwell, Agudath Israel of America v. Cuomo, and Fulton v. Philadelphia. In 2020, Eric argued Our Lady of Guadalupe School v. Morrissey-Berru to the Supreme Court, garnering a 7-2 win for his Catholic school clients. Eric has also briefed and argued cases in federal appeals courts and state supreme courts across the nation. Eric has also represented clients in appeals to the European Court of Human Rights in Strasbourg, France and in the highest courts of several other countries.
Eric believes passionately in the right of all people to the full measure of religious liberty and has represented members of almost every religious group present in the United States, including Buddhists, Christians, Hindus, Jains, Jews, Muslims, Native Americans, Santeros, and Sikhs, as well as many governmental entities targeted for accommodating religion.
Eric frequently comments on church-state issues in the media, including the New York Times, the Washington Post, the Wall Street Journal, and other major press outlets. He has published legal scholarship in the Harvard Law Review Forum, the Tennessee Law Review, the Illinois Law Review, the Cato Supreme Court Review, and other legal journals, and often speaks to law school audiences.
Before joining Becket, Eric worked at Baker Botts LLP in Houston, where he worked in international project finance. He also served as a law clerk to United States District Court Judge Lee Rosenthal in Houston, Texas.
Eric graduated from Haverford College with a degree in Comparative Literature, is a member of Fitzwilliam College, University of Cambridge, and is a graduate of Harvard Law School. Eric was a 2012-2013 Wasserstein Public Interest Fellow at Harvard Law School. He is Visiting Professor and Executive Director of The Hugh and Hazel Darling Foundation Religious Liberty Clinic at Pepperdine University Caruso School of Law in Malibu, where he leads students in litigating cases in American courts. He is also an Associated Scholar with the Centre for Religious Freedom at Jagiellonian University in Kraków, Poland. Eric is admitted in Texas, DC, California, and Ireland.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Contributing Editor, The Weekly Standard
Jay Cost is an elections analyst, political historian, and a contributing editor at The Weekly Standard. His most recent book is The Price of Greatness: Alexander Hamilton, James Madison, and the Creation of American Oligarchy.
He received a B.A. with High Distinction in government and history from the University of Virginia and an M.A. in political science from the University of Chicago. He resides in Pennsylvania with his wife and two children.
Vice President, Networks, The Federalist Society for Law and Public Policy Studies
Nathan Kaczmarek is Vice President for Networks at the Federalist Society. He began his legal career in Detroit representing nationwide clients in all phases of healthcare litigation and complex medical malpractice claims. He has since served as a Senior Legal and Policy Advisor in the U.S. House of Representatives and as Counsel for the Subcommittee on Regulatory Affairs and Federal Management in the U.S. Senate. Prior to overseeing the Networks, he was Director of the Practice Groups, the Regulatory Transparency Project, and the Article I Initiative for the Federalist Society.
Nathan holds degrees from Hillsdale College and Thomas M. Cooley Law School. He is a Liaison Representative for The Administrative Conference of the United States. He also serves as Vice President of the Associates of St. John Bosco, a Virginia based non-profit dedicated to Catholic high school and college students.
Former Congressman
Former Congressman Shays was first elected to the House of Representatives in the Connecticut General Assembly where he served from 1975 to 1987. He next served as a member of the United States House of Representatives and represented the 4th District of Connecticut from 1987 to 2009. During his 21 years in Congress, Congressman Shays served on the Government Reform Committee, Financial Services Committee, Budget Committee and the Homeland Security Committee.
Managing Director & Head of Global Policy and Public Investment, DigitalBridge Investment Management
Jonathan S. Adelstein is a Managing Director and Head of Global Policy and Public Investment at DigitalBridge Investment Management. In this role, Mr. Adelstein works with all DigitalBridge portfolio companies on public policy and strategic regulatory matters and reviews policy impacts on potential investments.
Prior to joining DigitalBridge, Mr. Adelstein was President and CEO of the Wireless Infrastructure Association (WIA), where he represented over 200 businesses that build, own, and operate wireless infrastructure, including infrastructure owners, developers, carriers, and professional service firms.
Prior to WIA, Mr. Adelstein was nominated to positions by both President Barack Obama and President George W. Bush and confirmed unanimously for each by the U.S. Senate. Under President Obama, Mr. Adelstein headed the U.S. Department of Agriculture’s Rural Utilities Service as Administrator. There, he led the investment of nearly $7 billion under the Recovery Act in rural broadband and water infrastructure and oversaw a $60 billion loan portfolio in rural electric, telecommunications, and water infrastructure. Under President Obama, Mr. Adelstein was appointed to the White House National Science and Technology Council, which coordinates science and technology policy across the Federal government, and the White House Business Council, leading Council meetings with business leaders across America.
Mr. Adelstein was nominated by President Bush and served as Commissioner of the Federal Communications Commission (FCC) from 2002 to 2009. At the FCC, he worked to achieve bipartisan progress on issues including spectrum auctions, broadband expansion, widening access to the Internet and media diversity.
Before the FCC, Mr. Adelstein served at the U.S. Senate, in a number of legislative staff positions, culminating as a senior policy advisor to the Senate Majority Leader.
Mr. Adelstein received an M.A. in History and a B.A., with Distinction, in Political Science from Stanford University. He instructed undergraduates in history as a Teaching Fellow at Harvard University and a Teaching Assistant at Stanford University. He is a graduate of Phillips Academy, Andover.
Senior Counsel Legal and Government Affairs, Sprint
Mr. Foster is a Senior Counsel, Government Affairs for the Sprint Corporation with a portfolio that includes Spectrum and International Regulatory matters. Prior to joining Sprint, Mr. Foster served for 11 years at the Federal Communications Commission in a variety of positions, the last of which being Assistant Bureau Chief of the International Bureau. Mr. Foster holds a B.S. from Syracuse University, a M.B.A. from The George Washington University and a J.D. from the Tulane School of Law.
Partner, Cooley
Rob McDowell advises telecommunications, media and technology clients on their most significant regulatory, legal and business matters. As a former commissioner of the Federal Communications Commission (FCC) and a highly regarded industry leader, Rob has been at the forefront of the most complex and groundbreaking issues facing telecommunications.
Mr. McDowell was first appointed to the FCC by President George W. Bush in 2006 and again by President Obama in 2009. He was unanimously confirmed both times by the US Senate. During his tenure, Mr. McDowell led efforts to expand consumer access to spectrum through his work on the two largest wireless auctions in US history at the time, played a key role in the 2009 digital television transition and led efforts to establish the first federal civil rights rule in a generation by creating a ban on racially discriminatory practices in broadcast advertising. He also worked extensively on several large and complex mergers, including Sirius/XM and Comcast/NBC-Universal.
He is an advocate for internet freedom, serving on the US delegation to the 2012 World Conference on International Telecommunications and exposing an international bid to regulate vital aspects of the Internet through multilateral treaty-based organizations. Mr. McDowell authored an op-ed in the Wall Street Journal opposing multilateral internet regulation that led to a resolution passed unanimously in the House and Senate, as well as the ultimate defeat of the international bid at a treaty negation in Dubai later that year.
Prior to the FCC, Mr. McDowell was senior vice president for CompTel, the Competitive Telecommunications Association, where he led advocacy efforts before several government agencies, the White House and Congress.
Mr. McDowell is often called upon for speaking engagements and frequently appears on TV and radio. He has written opinion pieces for many high-profile publications, including the Wall Street Journal and Washington Post.
General Counsel, National Association of Regulatory Utility Commissioners
Mr. Ramsay is the General Counsel for the National Association of Regulatory Utility Commissioners. NARUC was established in 1889 and is composed of the governmental agencies of the fifty states engaged in, inter alia, the regulation of telecommunications services. As General Counsel, Mr. Ramsay manages the NARUC Policy Advocacy Department covering all policy, regulatory, and legislative matters. He is also responsible for addressing all association-related legal issues – both general law and regulatory.
During his 27 years with the association, Mr. Ramsay has always had first-chair responsibility for all the association's telecommunications litigation-related activity. This includes representing NARUC's positions (1) before the Federal Communications Commission, other federal agencies, and in the courts, and (2) in discussions with, inter alia, the Office of the United States Trade Representative, the European Community, and various industry associations. Mr. Ramsay also represents the association’s interests in other fora serving, e.g., as a member of both the Separations and Universal Service Federal-State Joint Board staffs and the Section 706 Federal State Joint Conference.
Before joining NARUC, Mr. Ramsay acquired significant experience in public utility regulation as an associate with the Washington, D.C. law firm of Grove, Jaskiewicz, Gilliam and Colbert. Prior to private practice, Mr. Ramsay was employed by the Federal Energy Regulatory Commission for three years as a rates attorney.
Mr. Ramsay received his B.S. in Chemistry in 1978 from Mississippi College, his J.D. in 1985 from Louisiana State University, and is licensed to practice (1) in both civilian and common law jurisdictions, {including the District of Columbia and Louisiana} and (2) before the bar of the Supreme Court of the United States and the bars of 10 of the 13 United States Courts of Appeal.
Paul J. Schierl Professor of Law, University of Notre Dame Law School
Professor Richard W. Garnett teaches and writes in the areas of constitutional law, criminal law, the First Amendment, and law and religion. He is a leading authority on questions and debates regarding religious freedom and church-state relations, and is the founding director of Notre Dame Law School’s Program on Church, State, and Society.
Garnett clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold. He earned his J.D. from Yale Law School in 1995 and his B.A., summa cum laude, from Duke University in 1990. He joined the faculty in 1999 after practicing law in Washington, D.C. with Miller, Cassidy, Larroca & Lewin.
John Paul Stevens Professor of Law, Northwestern University School of Law
Andrew Koppelman is John Paul Stevens Professor of Law, Professor (by courtesy) of Political Science, and Philosophy Department Affiliated Faculty at Northwestern University. He received the Walder Award for Research Excellence from Northwestern, the Hart-Dworkin award in legal philosophy from the Association of American Law Schools, and the Edward S. Corwin Prize from the American Political Science Association. His scholarship focuses on issues at the intersection of law and political philosophy. He has written more than 100 scholarly articles and eight books, most recently Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed, (St. Martin’s Press). His column appears regularly at The Hill. You can find his recent work at andrewkoppelman.com.