Litigating on Behalf of the House: Threshold Separation of Powers Issues When the House and Executive Branch Clash in Court
Northwestern Student Chapter
Northwestern Pritzker School of Law375 E. Chicago Ave.
Chicago, IL 60611
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Attorney-Adviser, Office of Legal Counsel, U.S. Department of Justice
Kristin Shapiro currently serves as an attorney in the Office of Legal Counsel of the Department of Justice. Prior to joining DOJ, Ms. Shapiro served as an Assistant General Counsel of the U.S. House of Representatives. She received her law degree from Northwestern in 2009, where she graduated magna cum laude and was second in her class. After law school, she clerked for Judge Alex Kozinski. Prior to joining the House, Ms. Shapiro was an associate at Williams & Connolly, where she litigated numerous cases in the Supreme Court and federal courts of appeal and district courts. Ms. Shapiro is also a senior fellow at the Independent Women's Forum, where she has developed a budget-neutral proposal for a federal parental leave policy upon which multiple congressional bills have been based. Ms. Shapiro's commentary has been published by the Wall Street Journal and the New York Times.
Executive Director, Society for the Rule of Law
Managing Partner, Statecraft
Kory Langhofer is the Managing Attorney at Statecraft PLLC, a law firm focusing on government and political law. His practice is concentrated in campaign finance, constitutional litigation, and political matters. He has previously worked as a federal prosecutor, as litigation counsel to the presidential campaigns for Mitt Romney and Donald Trump, and as general counsel for the 2016-2017 presidential transition team.
Kory received his A.B. in political science, summa cum laude, from the University of Illinois at Urbana-Champaign. He received his J.D. from Yale Law School, where he served as an Editor of The Yale Law Journal.
Amelia Lewis Professor of Constitutional Law, Sandra Day O'Conno, ASU
David Boies Professor of Law, Yale Law School
Executive Director, Society for the Rule of Law
Senior Attorney, DC, Pacific Legal Foundation
Steve Simpson joined PLF in 2019 to head up its Separation of Powers practice group.
Steve’s career in public interest law started at the Institute for Justice in 2001, where he litigated free speech, campaign finance, and economic liberty cases. Among other high-profile cases in which Steve was involved, he was co-counsel in Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, IJ’s successful Supreme Court challenge to Arizona’s public financing law for political campaigns. He was the lead litigator in SpeechNow.org v. FEC, a joint effort between IJ and the Institute for Free Speech that led to the creation of super PACs. And he was co-counsel in Swedenburg v. Kelly, IJ’s successful Supreme Court challenge to New York’s ban on the interstate shipping of wine.
In 2013, Steve moved into the policy arena as the Ayn Rand Institute’s director of Legal Studies, where he spent five years writing and speaking on a wide variety of legal and cultural issues. From there, he moved back into law as senior litigation counsel at the New Civil Liberties Alliance in Washington, D.C.
Steve has spoken and written on a wide variety of legal and policy issues. He has testified in Congress and briefed congressional staffers. He has been interviewed on scores of television and radio programs, including PBS News Hour, Stossel, and The Rubin Report. His writings have appeared in many publications, including The Wall Street Journal and The Washington Post. In 2014, Steve was a Lincoln Fellow at the Claremont Institute. He is the editor of Defending Free Speech (ARI Press, 2016).
Steve earned his law degree magna cum laude from New York Law School in 1994. Following law school, he clerked for a federal district judge in the Southern District of Florida and spent several years as a litigator at Shearman & Sterling.
When he’s not at work or spending time with his wife and three daughters, Steve can usually be found mucking around in the woods at his cabin on Shenandoah Mountain.
David Boies Professor of Law, Yale Law School
Partner, Troutman Pepper Hamilton Sanders LLP
Misha leads Troutman Peppers' national appellate and Supreme Court practice. Most recently, he successfully obtained orders from the Supreme Court blocking an unconstitutional restriction on places of worship, as well as overturning a lower court order that had blocked several state election laws. He has also argued and prevailed before the Supreme Court in Gill v. Whitford, one of the most significant redistricting cases in decades, as well as Murr v. Wisconsin, a high-stakes regulatory taking case.
Before joining Troutman, Misha served as Solicitor General of the State of Wisconsin. Misha previously served as a law clerk for the Honorable Anthony M. Kennedy of the Supreme Court, Janice Rogers Brown of the D.C. Circuit, and Alex Kozinski of the 9th Circuit. He graduated from Georgetown University Law Center, where he was President of the Federalist Society Chapter.
Former Congressman; Vice President and Program Director, Rodel Fellowships in Public Leadership, The Aspen Institute
Mickey Edwards was a member of Congress for 16 years, serving on the House Budget and Appropriations Committees and as a chairman of the House Republican Policy Committee.
After leaving Congress he taught for 11 years at Harvard’s Kennedy School of Government before moving on first to Princeton’s Woodrow Wilson School of Public and International Affairs and then back to Washington, DC, as vice president of the Aspen Institute, where he directs a bipartisan fellowship for elected public officials.
Mr. Edwards, who grew up in Oklahoma City, has degrees in both law and journalism. He began his career as a newspaper editor and reporter and later won awards in advertising and public relations before being elected to Congress. While teaching at Harvard he returned to journalism as a weekly political columnist for the Chicago Tribune and Los Angeles Times and broadcast a weekly commentary on National Public Radio’s “All Things Considered”.
Mr. Edwards is a board member of both the Constitution Project, where he has chaired task forces on judicial independence and the war power, and the Project on Government Oversight. He was a member of the American Bar Association’s select task force on the use of presidential signing statements and the American Society of International Law’s task force on the International Criminal Court and has chaired policy task forces for both the Brookings Institution and the Council on Foreign Relations.
Among his books are “Reclaiming Conservatism”, published in 2008 by Oxford University Press, and “The Parties Versus the People: How to Turn Republicans and Democrats Into Americans”, published in 2013 by Yale University Press. His articles have appeared frequently in publications ranging from the New York Times and the Washington Post to Daedalus, The Public Interest, and the Atlantic. He is a frequent public speaker and has been a guest on many of the nation’s leading radio and television news and opinion broadcasts.
Maurice A. Deane Distinguished Professor of Constitutional Law and Faculty Director of International Programs, Hofstra University School of Law
Professor Ku’s primary research interest is the relationship of international law to constitutional law. He has also conducted academic research on a wide range of topics including international dispute resolution, international criminal law, and China’s relationship with international law. He teaches courses such as U.S. constitutional law, U.S. foreign affairs law, transnational law, and international trade and business law. Since 2014, he has served as the faculty director of international programs, overseeing Hofstra Law’s study abroad, exchange and LL.M. programs. Professor Ku also teaches Constitutional Law in our online degree programs: Master of Laws in American Law and Master of Arts in American Legal Studies. He has also been selected as the John DeWitt Gregory Research Scholar and as a Hofstra Law Research Fellow. He is a member of the American Law Institute.
He is the co-author, with John Yoo, of Taming Globalization: International Law, the U.S. Constitution, and the New World Order (Oxford University Press 2012). He also has published more than 40 law review articles, book chapters and symposia essays. He has given dozens of academic lectures and workshops at major universities and conferences in the United States, Europe and Asia.
He co-founded the leading international law weblog Opinio Juris, which is read daily by thousands worldwide. His essays and op-eds have been published in major news publications such as the Wall Street Journal, the Los Angeles Times, and the NYTimes.com. He has been frequently interviewed for television news programs and quoted in print and electronic media. He has also signed or submitted amicus briefs to national and international courts and served as an expert witness in both domestic and international proceedings.
Before joining the Hofstra Law faculty, Professor Ku served as a law clerk to the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and as an Olin Fellow and Lecturer in Law at the University of Virginia Law School. Professor Ku also practiced as an associate at the New York City law firm of Debevoise & Plimpton, specializing in litigation and arbitration arising out of international disputes. He has been a visiting professor at the College of William & Mary Marshall- Wythe School of Law in Williamsburg, Virginia; a Fulbright Distinguished Lecturer in Law at East China University of Political Science and Law in Shanghai, China; and a Taiwan Fellow at National Taiwan University in Taipei, Taiwan. He is a member of the New York Bar and a graduate of Yale College and Yale Law School.
Senior Fellow, National Review
Bestselling author Andrew C. McCarthy is a contributing editor at National Review, a senior fellow at National Review Institute, and a Fox News contributor. He is a former Chief Assistant United States Attorney in the Southern District of New York and led the terrorism prosecution against the “Blind Sheikh” (Omar Abdel Rahman) and eleven other jihadists for conducting a war of urban terrorism against the United States that included the 1993 World Trade Center bombing and a plot to bomb New York City landmarks. During is 20-year career as a prosecutor, he received numerous honors, including the Justice Department’s highest awards. Andy speaks and writes widely on law and national security, radical Islam, politics, and culture. He has testified before Congress as an expert on issues of constitutional law, counterterrorism, and law-enforcement. He is a columnist for The Hill, and his essays and book reviews appear frequently at The New Criterion. His most recent New York Times bestselling book is Ball of Collusion (Encounter Books, 2019), about the Russiagate controversy (an updated version was published in 2020). His other books include Willful Blindness (2008), The Grand Jihad (2010), Spring Fever: The Illusion of Islamic Democracy (2012), and Faithless Execution (2014). He has also written several pamphlets in the Broadside series published by Encounter Books, most recently Islam and Free Speech (2015).
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
Special Counsel, Hunton Andrews Kurth
After serving on the United State Court of Appeals for the D. C. Circuit from 2005, Judge Griffith stepped down from the bench in 2020. Currently he is a Lecturer on Law at Harvard Law School, a Fellow at the Wheatley Institute at Brigham Young University, and Special Counsel in the Washington, DC office of the law firm of Hunton Andrews Kurth. Most recently, he was a member of President Biden's Commission on the Supreme Court. He is the author of Civic Charity and the Constitution , and the co-author, along with former judges Michael Luttig and Michael McConnell, of Lost, Not Stolen: The Conservative Case that Trump Lost and Biden Won the 2020 Presidential Election. https://lostnotstolen.org/ . Before being appointed to the D. C. Circuit, Judge Griffith was the General Counsel at BYU; Senate Legal Counsel, the non-partisan chief legal officer of the U. S. Senate; and a partner at Wiley, Rein & Fielding. Long active in rule-of-law programs in former communist nations, Judge Griffith is a member of the international advisory board of the CEELI Institute in Prague. He is a graduate of BYU and the University of Virginia School of Law and is a member of the American Law Institute.
George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law
John O. McGinnis is a graduate of Harvard College and Harvard Law School where he was an editor of the Harvard Law Review. He also has an MA degree from Balliol College, Oxford, in philosophy and theology. Professor McGinnis clerked on the U.S. Court of Appeals for the District of Columbia. From 1987 to 1991, he was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. He is the author of Accelerating Democracy: Transforming Government Through Technology (Princeton 2013) and Originalism and the Good Constitution (Harvard 2013) (with M. Rappaport). He is a past winner of the Paul Bator award given by the Federalist Society to an outstanding academic under 40. He has been listed by the United States on the roster of panelists who may be called upon to decide World Trade Organization Disputes.
Lyle T. Alverson Professor of Law, George Washington University Law School
Professor Pierce is author of over twenty books and 130 articles on administrative law, government regulation, and the effects of various forms of government intervention on the performance of markets. His books and articles have been cited in hundreds of judicial opinions, including over a dozen opinions of the U.S. Supreme Court.
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.