Supreme Court Roundup and Preview
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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.
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.
Senior Lecturer in Law, University of Chicago Law School
Following his graduation from Harvard Law School, Judge Posner clerked for Justice William J. Brennan, Jr. From 1963 to 1965, he was assistant to Commissioner Philip Elman of the Federal Trade Commission. For the next two years, he was assistant to the solicitor general of the United States. Prior to going to Stanford Law School in 1968 as Associate Professor, Judge Posner served as general counsel of the President's Task Force on Communications Policy. He first came to the University of Chicago Law School in 1969, and was Lee and Brena Freeman Professor of Law prior to his appointment in 1981 as a judge of the US Court of Appeals for the Seventh Circuit. He was the chief judge of the court from 1993 to 2000.
Judge Posner has written a number of books, including Economic Analysis of Law (9th ed., 2014); The Economics of Justice (1981); Law and Literature (3rd ed. 2009); The Problems of Jurisprudence (1990); Cardozo: A Study in Reputation (1990); The Essential Holmes (1992); Sex and Reason (1992); Overcoming Law (1995); The Federal Courts: Challenge and Reform (1996); Law and Legal Theory in England and America (1996); The Problematics of Moral and Legal Theory (1999); Antitrust Law (2d ed. 2001); Law, Pragmatism, and Democracy (2003); Catastrophe: Risk and Response (2004); Preventing Surprise Attacks: Intelligence Reform in the Wake of 9/11 (2005); How Judges Think (2008); A Failure of Capitalism: The Crisis of '08 and the Descent into Depression (2009); The Crisis of Capitalist Democracy (2010); The Behavior of Federal Judges: A Theoretical and Empirical Study of Rational Choice (coauthored with Lee Epstein and William M. Landes) (2013); and Reflections on Judging (2013). He also wrote books on the Clinton impeachment and Bush v. Gore, many articles in legal and economic journals, and book reviews in the popular press.
He has taught administrative law, antitrust, economic analysis of law, history of legal thought, conflict of laws, regulated industries, law and literature, the legislative process, family law, primitive law, torts, civil procedure, evidence, health law and economics, law and science, and jurisprudence. He was the founding editor of the Journal of Legal Studies and (with Orley Ashenfelter) the American Law and Economics Review. He is an Honorary Bencher of the Inner Temple and a corresponding fellow of the British Academy, and he was the President of the American Law and Economics Association from 1995 to 1996 and the honorary President of the Bentham Club of University College, London, for 1998. He has received honorary degrees from leading American and foreign universities, along with a number of awards, including the Thomas Jefferson Memorial Foundation Award in Law from the University of Virginia in 1994, the Marshall-Wythe Medallion from the College of William and Mary in 1998, the 2003 Research Award from the Fellows of the American Bar Foundation, the 2003 John Sherman Award from the US Department of Justice, the Learned Hand Medal for Excellence in Federal Jurisprudence from the Federal bar Council in 2005, the Thomas C. Schelling Award from the John F. Kennedy School of Government at Harvard University in 2005, and the Ronald H. Coase Medal from the American Law and Economics Association in 2010.
Resident Fellow, American Enterprise Institute
Timothy P. Carney is a resident fellow at the American Enterprise Institute, where he works on economic competition, cronyism, civil society, localism, and religion in America. He is concurrently the commentary editor at the Washington Examiner.
Mr. Carney’s latest book, “Alienated America: Why Some Places Thrive While Others Collapse” (HarperCollins), was published in February 2019. His previous books include “Obamanomics: How Barack Obama Is Bankrupting You and Enriching His Wall Street Friends, Corporate Lobbyists, and Union Bosses” (Regnery Publishing, 2009) and “The Big Ripoff: How Big Business and Big Government Steal Your Money” (John Wiley & Sons, 2006), which was awarded the 2008 Culture of Enterprise award by the Intercollegiate Studies Institute.
In addition to his Washington Examiner columns, Mr. Carney’s work has been published in a variety of magazines, websites, and newspapers, including The Atlantic, New York Post, The New York Times, Reason Magazine, and The Wall Street Journal. His television appearances include CNBC, CNN, Fox News, MSNBC, and the “PBS NewsHour.”
Mr. Carney has a bachelor’s degree from St. John’s College in Annapolis.
Temple University James E. Beasley School of Law
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
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 is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
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.
JOHN L. RYDER concentrates his practice in the areas of bankruptcy and commercial litigation. He has represented secured lenders, unsecured creditor's committees, trustees and debtors in the bankruptcy process. He has participated in a number of major bankruptcies including: The Julien Companies, Microwave Products, Wexner & Jacobson, Wang's, XpertTune, Braniff and others.
He served as Shelby County Delinquent Tax Attorney (1990-1994) and was a member of the Shelby County Home Rule Charter Commission (1984-1985). He is a member of the Memphis (Chairman, Bankruptcy Section, 1985) and Tennessee (Chairman, Commercial, Banking and Bankruptcy Section, 1986) Bar Associations, and the American Bankruptcy Institute and Mid-South Commercial Law Institute (Director, 1989-Present). He also serves as an Assistant County Attorney. Mr. Ryder is listed in the Best Lawyers in America. He has also been recognized by Business Tennessee as being among 101 Best Lawyers in Tennessee.
Vanderbilt University (J.D., 1974)
Wabash College (A.B., 1971)
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
Senior Fellow, Cato Institute
Doug Bandow is a senior fellow at the Cato Institute, specializing in foreign policy and civil liberties. He worked as special assistant to President Reagan and editor of the political magazine Inquiry. He writes regularly for leading publications such as Fortune magazine, National Interest, Wall Street Journal, and Washington Times. Bandow speaks frequently at academic conferences, on college campuses, and to business groups. Bandow has been a regular commentator on ABC, CBS, NBC, CNN, Fox News Channel, and MSNBC. He holds a J.D. from Stanford University.
Maurice and Hilda Friedman Professor of Law, Columbia Law School; CEO, New Civil Liberties Alliance
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School, and Chief Executive Officer at the New Civil Liberties Alliance. Before coming to Columbia, he was the John P. Wilson Professor at the University of Chicago Law School.
He writes on constitutional law and its history—with particular emphasis on religious liberty, freedom of speech and the press, judicial office, administrative power, and unconstitutional conditions.
His books are Separation of Church and State (Harvard 2002), Law and Judicial Duty (Harvard 2008), Is Administrative Law Unlawful? (Chicago 2014), The Administrative Threat (Encounter 2017), and Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (Chicago 2018). A forthcoming book is Purchasing Submission: Conditions, Power, and Freedom (Harvard 2021).
He is a member of the American Academy of Arts and Sciences, and he has served on the board of directors of the American Society for Legal History. He has twice received the Sutherland Prize for the most significant contribution to English legal history, and has been awarded the Henry Paolucci - Walter Bagehot Book Award, the Hayek Book Prize, and the Bradley Prize.
Trustee Professor of Law, New York Law School
From 1972-79, Schoenbrod served as one of the leaders of the Natural Resources Defense Council, where he campaigned to reduce lead in gasoline, resurrect the then-decrepit New York City subway, and protect the environment of Puerto Rico. Previously, he was Director of Program Development at the community development project that Senator Robert Kennedy established in Bedford Stuyvesant. He has also been a senior fellow at the Cato Institute and the American Enterprise Institute.
His books include
D.C. Confidential: Inside the Five Tricks of Washington (Encounter Books, 2017) with forewords by Governor Howard Dean and Senator Mike Lee;
Breaking the Logjam: Environmental Protection That Will Work (Yale University Press, 2010)(with Richard B. Stewart and Katrina M. Wyman);
Saving Our Environment from Washington: How Congress Grabs Power, Shirks Responsibility, and Shortchanges the People (Yale University Press, 2005);
Democracy by Decree: What Happens When Courts Run Government (Yale University Press, 2003) (with Ross Sandler); and
Power Without Responsibility: How Congress Abuses the People Through Delegation (Yale University Press, 1993).
In addition to writing scholarly articles, he has frequently contributed opinion pieces to the Wall Street Journal, The Hill, the New York Times, and other publications.
He has an undergraduate degree from Yale College, a graduate degree in economics from Oxford University, which he attended as a Marshall Scholar, and a law degree from Yale Law School.
University of Southern California, Gould School of Law
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: