Reviewing The Supreme Court’s 2014/15 Term: A Panel Discussion
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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.
U.S. Court of Appeals, 10th Circuit
Allison Hartwell Eid is a judge on the United States Court of Appeals for the 10th Circuit. She joined the court in 2017 after a nomination from President Donald Trump.
Prior to her service on the Tenth Circuit, Judge Eid was a justice on the Colorado Supreme Court. She was the 95th justice to serve on the court, serving from 2006 to 2017. Before joining the Court, Judge Eid was the Solicitor General of the State of Colorado, serving as the chief legal officer to the Colorado Attorney General and representing Colorado officials and agencies in state and federal court. She was also a tenured Associate Professor of Law at the University of Colorado School of Law, teaching Constitutional Law, Legislation, and Torts, and writing on the topic of constitutional federalism.
Prior to joining the faculty of the University of Colorado School of Law, Judge Eid practiced commercial and appellate litigation with the Denver office of the national law firm of Arnold & Porter. She clerked for the Honorable Clarence Thomas, Associate Justice of the United States Supreme Court, and for Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit in Houston, Texas.
Judge Eid earned her bachelor’s degree in American Studies (With Distinction and Phi Beta Kappa) from Stanford University in 1987. She then served as a Special Assistant and Speechwriter to U.S. Secretary of Education William J. Bennett. In 1991, she graduated with High Honors from The University of Chicago Law School, where she was Articles Editor of The University of Chicago Law Review and was elected to the Order of the Coif. In 2002, President George W. Bush appointed her to serve on the Permanent Committee for the Oliver Wendell Holmes Devise, established by Congress in 1955 to prepare the history of the U.S. Supreme Court. She is a member of the American Law Institute and studied comparative law in London as a Temple Bar Scholar.
Judge Eid grew up in Spokane, Washington. She and her husband Troy, an attorney, have two children.
Partner, Gibson Dunn & Crutcher
Douglas R. Cox is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and Vice-Chair of the firm's Crisis Management Practice Group. He practices in the areas of constitutional and general commercial litigation, appellate law, and governmental matters.
Mr. Cox has represented numerous clients in litigation before federal and state trial and appellate courts. He played a principal role in the firm's successful representation of the prevailing candidate before the Supreme Court of the United States in Bush v. Palm Beach County Canvassing Board and Bush v. Gore, stemming from the 2000 presidential election, and in other cases before the Supreme Court involving equal protection, voting rights and election law, the scope of the jury trial right under the Seventh Amendment, and other constitutional and statutory issues.
Mr. Cox successfully represented the National Association of Securities Dealers ("NASD") in a series of trial and appellate matters, including DL Capital Group, LLC v. Nasdaq Stock Market, Inc., 409 F.3d 93 (2d Cir. 2005) and Sparta Surgical Corp. v. NASD, 159 F.3d 1209 (9th Cir. 1998).
Mr. Cox frequently represents accounting firms in a variety of matters, including matters involving the SEC and PCAOB. He also has substantial experience representing clients before congressional investigating committees.
Mr. Cox previously served for five years during the Reagan and Bush Administrations in the Justice Department's Office of Legal Counsel, becoming Principal Deputy Assistant Attorney General during the Bush Administration. In that Office, he provided legal advice to Executive Branch departments; resolved legal disputes on behalf of the Attorney General between Executive Branch departments; prepared formal opinions of the Attorney General; drafted and issued opinions on legal issues of importance to the Executive Branch; and advised Congress as to the constitutionality of pending legislation.
From 1981 through 1987, Mr. Cox practiced in New York City with a national firm, representing major corporations in state and federal courts. His practice focused on intellectual property, securities, and international tax litigation.
Mr. Cox received his law degree, cum laude, from Harvard Law School in 1980, where he served as Editor-in-Chief of the Harvard Journal of Law and Public Policy from 1979-1980. He received his undergraduate degree in history, magna cum laude, from Princeton University in 1977. He attended Oxford University on a Knox Scholarship in 1980-1981.
In 2005, Chief Justice Rehnquist appointed Mr. Cox to serve as a member of the Judicial Conference Standing Committee on Rules of Practice and Procedure. In 2008 he was reappointed by Chief Justice Roberts.
Partner, Gibson Dunn & Crutcher LLP
Miguel A. Estrada is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher.
Mr. Estrada has represented clients before federal and state courts throughout the country in a broad range of matters. He has argued 24 cases before the United States Supreme Court, and briefed many others. He has also argued dozens of appeals in the lower federal courts.
Best Lawyers® recognized Mr. Estrada as a 2020 Lawyer of the Year in Intellectual Property Litigation and as a Lawyer of the Year in Appellate Practice. He has been recognized by Benchmark Litigation as a 2020 U.S. Appellate Litigation “Star”. In 2014, The American Lawyer named Mr. Estrada a “Litigator of the Year,” praising his “brains and tenacity” and noting he is the lawyer to call for “a tough, potentially unwinnable case.” From 2014-2021, Chambers & Partners has named him as one of a handful of attorneys that it ranked in the top tier among the nation’s leading appellate lawyers. Chambers & Partners noted that “clients are impressed by his intellect and ability, with one saying, ‘His papers are just blindingly clear in what they say and devastating in how they marshal the arguments.’” The Atlantic described his oral argument in a 2014 high-profile separation-of-powers case as “one of the most dazzling arguments the marble chamber has heard in many years.”
Mr. Estrada was selected by his peers for inclusion in the 2020 edition of The Best Lawyers in America® in the area of Appellate Law, in addition to previous recognition by the publication in the specialties of Bet-the-Company Litigation, Commercial Litigation and Criminal Defense: White Collar, Intellectual Property Litigation, and Regulatory Enforcement Litigation in the areas of SEC, Telecom, and Energy. In 2017, he was elected as a member of the American Law Institute. In 2021, Mr. Estrada was named among the Lawdragon 500 Leading Lawyers in America. In 2004, Legal Times named him one of the top 12 appellate litigators in the D.C. area, noting that “people who follow appellate practice in Washington have known for several years that Estrada . . . is one of the best around.” Also in 2004, Washingtonian Magazine named him one of the top constitutional law lawyers “who could become one of the legends of the Supreme Court bar.”
Mr. Estrada joined Gibson Dunn in 1997, after serving for five years as Assistant to the Solicitor General of the United States. He previously served as Assistant U.S. Attorney and Deputy Chief of the Appellate Section, U.S. Attorney’s Office, Southern District of New York. In those capacities, Mr. Estrada represented the government in numerous jury trials and in many appeals before the U.S. Court of Appeals for the Second Circuit. Before joining the U.S. Attorney’s Office, Mr. Estrada practiced corporate law in New York with Wachtell, Lipton, Rosen & Katz.
Mr. Estrada is a Trustee of the Supreme Court Historical Society. He was formerly a member of the Board of Visitors of Harvard Law School.
Mr. Estrada served as a law clerk to the Honorable Anthony M. Kennedy in the U.S. Supreme Court from 1988 to 1989 and to the Honorable Amalya L. Kearse in the U.S. Court of Appeals for the Second Circuit from 1986 to 1987. He received a J.D. degree magna cum laude in 1986 from Harvard Law School, where he was editor of the Harvard Law Review. Mr. Estrada graduated with an A.B. degree magna cum laude and Phi Beta Kappa in 1983 from Columbia College, New York. He is fluent in Spanish and proficient in French.
Representative Supreme Court matters include:
In 2011, the Supreme Court appointed Mr. Estrada to brief and argue two criminal cases –Dorsey v. United States and Hill v. United States – in which the Solicitor General declined to defend the judgments of the court of appeals. Mr. Estrada was appointed to argue the position that the Solicitor General had declined to defend.
Mr. Estrada was also part of the team that successfully presented then Governor Bush’s position to the Supreme Court in Bush v. Gore (2000). Other cases that Mr. Estrada handled in the Supreme Court include Granholm v. Heald (2005) (dormant Commerce Clause and Twenty-First Amendment), Vermont Agency of Natural Resources v. United States ex rel. Stevens (2000) (False Claims Act, Article III standing and Eleventh Amendment immunity), Old Chief v. United States (1997) (rules of evidence), United States v. Mezzanatto (1995) (evidence and plea bargaining), United States v. Robertson (1995) (constitutional limits on Congress’s Commerce Clause powers), Citizens Bank of Maryland v. Strumpf (1995) (bankruptcy law), and NOW, Inc. v. Scheidler (1994) (RICO).
Recent Court of Appeals matters include:
In addition, Mr. Estrada is lead appellate counsel to Vivendi S.A. in two securities-fraud appeals from jury verdicts that are currently pending in the Second Circuit, and to the National Association of Broadcasters in a challenge to certain procedures promulgated by the FCC in connection with the upcoming Spectrum Auction. Mr. Estrada also recently presented argument before the D.C. Circuit on behalf of the tobacco industry in a first amendment challenge to certain compelled disclosures that were imposed as part of the government’s long-running civil RICO case against the industry.
Other matters:
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Founding Principal, Gupta Wessler PLLC
Deepak Gupta is the founding principal of Gupta Wessler PLLC. He focuses on Supreme Court, appellate, and complex litigation on a wide range of issues, including constitutional law, class actions, and consumers’ and workers’ rights.
Deepak is “known as a skilled appellate lawyer” (New York Times), “one of the emerging giants of the appellate and the Supreme Court bar,” a “heavy hitter,” and a “principled” and “incredibly talented lawyer” (Law 360). He is described in Chambers and Partners USA as “an excellent lawyer” with a “vibrant appellate practice focused on public interest cases and plaintiff-side representations.” Fastcase recently recognized him as “one of the country’s top litigators,” noting that “what sets him apart” is his legal creativity. The National Law Journal has singled out Deepak’s “calm, comfortable manner that conveys confidence” in oral argument.
Deepak regularly appears in the U.S. Supreme Court and appellate courts nationwide. In the 2016-2017 U.S. Supreme Court term, Deepak’s firm was counsel of record for parties in three merits cases; he was lead counsel in two, prevailing in both. Beyond the Supreme Court, Deepak has handled appeals in every federal circuit and seven state supreme courts. He is frequently sought out by trial lawyers to defend their most consequential victories or resurrect worthy claims on appeal—often after years of hard-fought litigation. He also works with co-counsel to design cases from the ground up—focusing on class actions and administrative and constitutional challenges. In one class action, Deepak represented all of the nation’s federal bankruptcy judges, recovering more than $50 million in back pay for the judges over Congress’s violation of the Constitution’s Judicial Compensation Clause. As the American Lawyer observed, “it’s hard to imagine a higher compliment than being hired to represent federal judges.”
Deepak’s clients have included national nonprofits, state and local governments, members of Congress, retail merchants, tech companies, and classes of consumers and workers harmed by corporate wrongdoing. He currently represents the American Association for Justice (on forced arbitration and civil justice issues), Everytown for Gun Safety (in Second Amendment litigation), and Citizens for Responsibility and Ethics in Washington (in litigation over the Emoluments Clauses).
Before founding the firm in 2012, Deepak served as Senior Counsel for Litigation and Senior Counsel for Enforcement Strategy at the Consumer Financial Protection Bureau. As the first appellate litigator hired under Elizabeth Warren’s leadership, he launched the Bureau’s amicus program, defended its regulations, and worked with the Solicitor General’s office on Supreme Court matters. For seven years previously, he was an attorney at Public Citizen Litigation Group, where he founded and directed the Consumer Justice Project and was the Alan Morrison Supreme Court Project Fellow. Before that, he worked on voting rights litigation at the Civil Rights Division of the U.S. Department of Justice, prisoners’ rights litigation at the ACLU, and religion clause litigation at Americans United for Separation of Church and State.
Deepak frequently engages in public advocacy and speaking, has testified multiple times before the U.S. House of Representatives and U.S. Senate, and appears frequently in the national print and broadcast media. He is currently a 2018-2019 Wasserstein Public Interest Fellow at Harvard Law School and has previously taught courses on public interest law and appellate advocacy as an Adjunct Professor of Law at Georgetown and American universities. He served as a law clerk to Judge Lawrence K. Karlton of the U.S. District Court for the Eastern District of California and studied law at Georgetown, Sanskrit at Oxford, and philosophy at Fordham.
Deepak is an elected member of the American Law Institute and sits on the boards of directors of the National Consumer Law Center, The Impact Fund, and the Alliance for Justice, and the advisory boards of the University of California’s Civil Justice Research Initiative, the Biden Institute, and the Institute for Consumer Antitrust Studies.
Partner, Mayer Brown LLP
Andrew Pincus is a partner in Mayer Brown LLP resident in Washington, D.C. His practice focuses on Supreme Court and appellate litigation.
Andy has argued 29 cases in the Supreme Court of the United States, including Lamps Plus, Inc. v. Varela and Frank v. Gaos in the October 2018 Term; as well as his recent victories in Impression Products, Inc. v. Lexmark International, Inc. (2017); Kindred Nursing Home Centers Limited Partnership v. Clark (2017); and Spokeo, Inc. v. Robins (2016). Law360 ranked Andy’s victory in AT&T Mobility v. Concepcion (2011), as the most important Supreme Court class action decision of the last 15 years.
Andy appears regularly before federal and state appellate courts and federal district courts. His practice also includes written and oral advocacy before Congress, other legislative bodies, and regulatory agencies regarding a variety of policy and legal issues.
A former Assistant to the Solicitor General in the United States Department of Justice (1984-1988), Andy co-founded and serves as co-director of the Yale Law School's Supreme Court Advocacy Clinic (2006-present), which provides pro bono representation in 10-15 Supreme Court cases each year.
While serving as General Counsel of the United States Department of Commerce (1997-2000), Andy had principal responsibility for the Digital Millennium Copyright Act and the Electronic Signatures in Global and National Commerce Act. He also participated in formulation of policy concerning privacy, domain name management, taxation of electronic commerce, export controls, international trade, and consumer protection.
Andy is a graduate of Yale College and Columbia Law School, where he was a Notes & Comments Editor of the Columbia Law Review. He served as Law Clerk to the Honorable Harold H. Greene, United States District Court for the District of Columbia (1981-1982).
Partner, Davis Polk & Wardwell LLP
Kannon is the head of our Supreme Court & Appellate practice. He has argued 39 cases before the U.S. Supreme Court and has argued more than 150 appeals in courts across the country, including every federal court of appeals and numerous state courts.
Kannon is ranked as a “Star Individual” in appellate law by Chambers USA, where a client notes, “It’s hard to think of enough superlatives to describe his talent, his judgment, his ability, his experience – he is as good as it gets.” Legal 500 U.S. recognizes Kannon in its Hall of Fame for appellate work. A client shares, “His work is the best in the business, and he is a wonderful human being in addition to being a world-class appellate litigator.”
In 2024 and 2022, Kannon was a finalist for the American Lawyer’s “Litigator of the Year” award. He was named “Appellate Litigator of the Year” by Benchmark Litigation in 2021 and was a 2026 finalist for that recognition.
Before entering private practice, Kannon served as an Assistant to the Solicitor General at the U.S. Department of Justice.
District Judge, United States District Court, Northern District of Texas
Matthew J. Kacsmaryk serves as United States District Judge for the Northern District of Texas.
He previously served in the (1) private, (2) government, and (3) nonprofit sectors:
Judge Kacsmaryk is an Honors graduate of the University of Texas Law School, where he joined the Federalist Society and served as an Executive Editor of the Texas Review of Law & Politics. Judge Kacsmaryk co-founded the Fort Worth Lawyers Chapter in 2012, coordinated the 2018 Texas Chapters Conference hosted by the Fort Worth Lawyers Chapter, and presently serves on its Advisory Board.
U.S. District Court for the Northern District of Texas
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.
Chairman, Supreme Court and Constitutional Law Practice, Baker Botts LLP
Aaron Streett is the Chairman of Baker Botts’ Supreme Court and Constitutional Law Practice. He has presented oral argument in scores of appeals, covering the U.S. Supreme Court and courts around the country—including over 40 arguments between the Fifth and D.C. Circuits alone. Mr. Streett’s practice involves virtually all substantive areas of the law, including commercial litigation, statutory interpretation, constitutional law, administrative law, securities, and jurisdictional issues. Mr. Streett maintains an active practice in the Supreme Court of the United States, having represented parties in merits cases seven times since 2010, as well as filing numerous amicus and certiorari-stage briefs. Mr. Streett was named one of only six “Appellate MVPs” for 2014 by Law360, which had previously recognized him in 2011 as one of the top five appellate “Rising Stars” under age 40. Mr. Streett has been featured on National Law Journal’s Appellate Hot List three times in recent years and in 2021 was named Houston’s “Lawyer of the Year” for Appellate Practice by Best Lawyers magazine. Mr. Streett is an elected member of the American Law Institute and a fellow of the American Academy of Appellate Lawyers. He serves on the Board of Directors for the Fifth Circuit Bar Association and previously served as President of the Houston Lawyers Chapter of the Federalist Society. Mr. Streett speaks regularly on the Supreme Court and constitutional law to attorneys and law students around the country. Following graduation from Hillsdale College and University of Texas School of Law, Mr. Streett served as a law clerk to the Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and to the Honorable William H. Rehnquist, Chief Justice of the United States.
Robert G. Storey Distinguished Faculty Fellow; Associate Professor of Law Co-Director, Tsai Center for Law, Science and Innovation, SMU Dedman School of Law
David O. Taylor is an Associate Professor at the SMU Dedman School of Law in Dallas, Texas. He also founded and currently serves as a Co-Director of the school’s Tsai Center for Law, Science and Innovation.
Professor Taylor earned his bachelor of science, magna cum laude, in mechanical engineering from Texas A&M University and his juris doctor, cum laude, from Harvard Law School. Prior to law school, Professor Taylor worked as an applications engineer at National Instruments Corporation in Austin, Texas. While in law school, he served as an extern for the U.S. Attorney’s Office in Boston, as a member of both the Harvard Journal of Law & Technology and the Harvard Journal of Law & Public Policy, and as President of the law school's Texas Club.
After graduating from law school, Professor Taylor clerked for the current Chief Judge of the U.S. Court of Appeals for the Federal Circuit, the Honorable Sharon Prost. Professor Taylor also worked for seven years at the law firm of Baker Botts LLP in its Dallas office. While at Baker Botts, Professor Taylor engaged in patent litigation in various district courts and at the U.S. Court of Appeals for the Federal Circuit. His litigation experience includes both bench and jury trials. A registered patent attorney, he also gained significant experience in the fields of intellectual property licensing and patent prosecution. During his time in practice he assisted with several advanced patent law courses at SMU Dedman School of Law, including Patent Litigation, Intellectual Property Licensing, and Patent Prosecution, and successfully represented clients in pro bono matters, including before the U.S. Court of Veterans Appeals.
At SMU, Professor Taylor teaches in the areas of contracts and patent law. His scholarship focuses on patent law, patent policy, patent litigation, and civil procedure. Professor Taylor has published articles in various journals, including the Connecticut Law Review, Georgia Law Review, New York University Law Review, and in an assortment of intellectual property specialty journals. His publications have been cited by the U.S. Court of Appeals for the Federal Circuit and various district courts.
A frequent speaker, he has made academic presentations at law schools across the United States, including Boston College, California Berkeley, Cardozo, Chicago-Kent, DePaul, Houston, Kansas, San Diego, Stanford, and Texas, and internationally in Chongqing, China; Ho Chi Minh City, Vietnam; and Taipei, Taiwan. He also is a regular speaker at various continuing legal education (CLE) events, including events sponsored by the Dallas Bar Association, the Eastern District of Texas Bar Association, the Center for American and International Law, and the Federalist Society for Law and Public Policy Studies.
In addition to these activities, Professor Taylor has organized numerous symposia and conferences, helped launch SMU’s Patent and Trademark Clinics, and helped draft the proposal to secure the funding to launch the Tsai Center for Law, Science and Innovation. He serves on several law school committees and is an advisor to both the SMU Science and Technology Law Review and The International Lawyer. Professor Taylor also serves as an advisor to the law school's chapter of the Federalist Society, which regularly hosts speakers addressing hot topics in the field of constitutional law. SMU granted Professor Taylor tenure in 2016.
Professor Taylor serves in various leadership positions. He is a member of the Advisory Council for the U.S. Court of Appeals for the Federal Circuit. He serves on the Executive Board of the Institute for Law and Technology at the Center for American and International Law. He also is currently the Reporter for the Patentable Subject Matter Task Force of the American Intellectual Property Law Association (AIPLA), and he serves as a member of the AIPLA's Amicus Committee. He is a Director of the Intellectual Property Law Section of the Dallas Bar Association (DBA), and he previously served as the Chair of the Computer Law Section of the DBA. In addition to these leadership activities, Professor Taylor has served as an expert and consultant in various intellectual property disputes.
He has received several accolades. Professor Taylor is the recipient of a Thomas Edison Innovation Fellowship from the Center for the Protection of Intellectual Property at the George Mason University Antonin Scalia Law School. He has also been named a founding Barrister of the Honorable Barbara M.G. Lynn American Inn of Court, an Honorary Barrister of the SMU Dedman School of Law Board of Advocates, and an Outstanding Graduate of the Irving Independent School District. In addition to these awards, he has received numerous research and course development grants.
Outside of his work at the law school and the field of intellectual property law, Professor Taylor has engaged in public service with diverse groups including Advocates for Community Transformation, Texas Scottish Rite Hospital for Children, and the Veterans Consortium Pro Bono Program.
Professor Taylor is married. Together with his wife Rachel, he enjoys spending time with his three children: Caroline, Emily, and Joshua.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Visiting Scholar, American Enterprise Institute
Dr. Arthur Herman (Ph.D. Johns Hopkins, 1985) is the author of seven books, including the New York Times bestselling How the Scots Invented the Modern World (2001); the Pulitzer Prize Finalist Gandhi and Churchill (2008); To Rule the Waves: How the British Navy Shaped the Modern World (nominated for the UK’s Mountbatten Prize); and the highly acclaimed Freedom’s Forge: How American Business Produced Victory in World War II, which The Economist magazine picked as one of the Best Books of 2012.
His most recent work, The Cave and the Light: Plato Versus Aristotle and the Struggle for the Soul of Western Civilization, was published by Random House in 2013.
Educated at the University of Minnesota and Johns Hopkins University in history and classics, Dr. Herman is a frequent contributor on defense, energy, and technology issues to Commentary magazine, the New York Post, National Review, and the Wall Street Journal. He was also the first non-British citizen to be named to the Scottish Arts Council from 2007 to 2009.
Adjunct Fellow, Manhattan Institute
Judith Miller is an adjunct fellow at the Manhattan Institute and a City Journal contributing editor. A best-selling author and Pulitzer Prize-winning investigative reporter formerly with the New York Times, she has won numerous awards for her articles and her defense of the First Amendment.
Since 2008, Ms. Miller has been a commentator for Fox News, speaking on terrorism and other national security issues, the Middle East, U.S. foreign policy, and the need to strike a delicate balance between protecting both national security and civil liberties in a post-9/11 world.
Prior to leaving the Times in October, 2005, she spent 85 days in jail to defend a reporter's right to protect confidential sources. That year she received the Society of Professional Journalists' "First Amendment Award" for her defense of an independent press. Since leaving jail, she has been advocating the enactment of a Federal shield law to protect the relationship between reporters and their sources and the public's right to know.
Ms. Miller has written four books and contributed chapters to several others. Her most recent book, "Germs: Biological Weapons and America's Secret War" (Simon & Schuster, 2001), written with two Times colleagues, topped the best seller's list in the wake of 9/11 and the anthrax letter terrorist attacks. Her previous book, "God Has Ninety-Nine Names", (Simon & Schuster, 1996) explores the spread of Islamic extremism in ten Middle Eastern countries, including Israel and Iran. "One, By One, By One" (Simon & Schuster, 1990) is a highly praised account of how people in six nations have distorted the memory of the Holocaust. That same year, she co-authored "Saddam Hussein and the Crisis in the Gulf" (Times Books), which also topped The Times Best Seller list during the 1991 Gulf war. Her new book, “The Story, A Reporter’s Journey,” is being published by Simon & Schuster this spring.
In 2002, Ms. Miller was part of a small team that won a Pulitzer Prize for "explanatory journalism" for her January, 2001 series on Osama bin Laden and Al Qaeda. That same year, she won an Emmy for her work on a Nova/New York Times documentary based on articles for her book, "Germs." She was part of the Times team that won the prestigious DuPont award for a series of programs on terrorism for PBS's "Frontline."
Ms. Miller holds a bachelor's degree from Barnard and a master's from Princeton University's Woodrow Wilson School of Public and International Affairs. She resides in New York City and Sag Harbor with her husband, Jason Epstein, a publisher and writer.
W. H. Brady Scholar, American Enterprise Institute
Charles Murray is a political scientist, author, and libertarian. He first came to national attention in 1984 with the publication of Losing Ground, which has been credited as the intellectual foundation for the Welfare Reform Act of 1996. His 1994 New York Times bestseller, The Bell Curve (Free Press, 1994), coauthored with the late Richard J. Herrnstein, sparked heated controversy for its analysis of the role of IQ in shaping America’s class structure. Murray's other books include What It Means to Be a Libertarian (1997), Human Accomplishment (2003), In Our Hands (2006), and Real Education (2008). His most recent book, Coming Apart (Crown Forum, 2012), describes an unprecedented divergence in American classes over the last half century.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
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.
Assistant Attorney General & Senior Trial Counsel to the Criminal Bureau, Massachusetts Attorney General