Reception and Remarks on the ACA
St. Paul Hotel (Lexington Room) 350 Market StreetSt. Paul, Minnesota 55102
Here are the latest events.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
Associate Professor of Political Science, Johns Hopkins University
Steven Teles is associate professor of political science at Johns Hopkins University and fellow at the New America Foundation.
He is the author, most recently, of the Rise of the Conservative Legal Movement: The Battle for Control of the Law (Princeton University Press, 2008), and before that Whose Welfare: AFDC and Elite Politics (University Press of Kansas, 1996). He is the co-editor of two books: Conservatism and American Political Development (Oxford University Press, 2009, with Brian Glenn) and Ethnicity, Social Mobility and Public Policy: Comparing the US and UK (Cambridge University Press, 2005, with Glenn Loury and Tariq Modood). Professor Teles is also the editor of Oxford University Press' book series on Contemporary American Political Development. He is currently working on two co-authored books. The first, with Mark Kleiman of UCLA, tentatively calledThe Statesman's Discipline: The Art of Asking the Right Questions. His second project, with Peter Frumkin, is a developmental study of foundations over the past half-century.
Professor Teles has also published articles in the New Statesman, American Prospect, Public Interest, National Affairs, The American Interest, Prospect (UK) and Boston Reviews, appeared on bloggingheads.tv and blogs occasionally at samefacts.com.
He received his PhD in government and foreign affairs from the University of Virginia in 1995, and his BA in political science from George Washington University in 1989.
Distinguished Professor of Law, Rutgers Law School
Earl Maltz is a Distinguished Professor and the author of two books and more than 50 articles on constitutional law, statutory interpretation, the role of the courts and legal history. He teaches constitutional law, employment discrimination, conflicts of law and a seminar on the Supreme Court.
Professor Maltz is the author of Rethinking Constitutional Law: Originalism, Interventionism, and the Politics of Judicial Review (1994), Civil Rights, The Constitution and Congress, 1863-1865 (1990), and over 50 articles on constitutional law, statutory interpretation, the role of the courts and legal history. He received his B.A. from Northwestern University, where he was elected to Phi Beta Kappa, and his J.D. cum laude from Harvard. Professor Maltz teaches Constitutional Law, Employment Discrimination, Conflicts of Law, and a seminar on the Supreme Court.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
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.
Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
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.
Duane and Kelly Roberts Dean and Professor of Law, Pepperdine University School of Law
Dean Tacha is Duane and Kelly Roberts Dean of the School of Law and professor of law. Previously, she was a Circuit Judge, U.S. Court of Appeals for the Tenth Circuit, since January, 1986. She served as Chief Judge from January 2001 through 2007. Dean Tacha earned her bachelor of arts degree from the University of Kansas in 1968 and her juris doctorate from the University of Michigan in Ann Arbor in 1971, and was a White House Fellow (1971-1972).
She returned to the University of Kansas where she served as associate professor at its School of Law from 1974-1977 and as professor of law from 1977-1985. She served as associate dean from 1977-1979, as associate vice chancellor for Academic Affairs from 1979-1981, and as vice chancellor for Academic Affairs between 1981-1985. In 1992, Dean Tacha received the KU Alumni Association's Fred Ellsworth Medallion for extraordinary service to the university and received its most prestigious award, the Distinguished Service Citation, in 1996. In January of 2010, she was named "Kansan of the Year" by the organization Native Sons and Daughters of Kansas.
Prior to joining the University of Kansas, she practiced law in Washington, D.C. and Kansas, and was for three years Director of the Douglas County Legal Aid Clinic (1974-1977). During her distinguished career, Dean Tacha served as a member of the Judicial Conference of the United States and was named in 2006 by U.S. Supreme Court Chief Justice John Roberts to the Conference's Executive Committee. Previously, Chief Justice Rehnquist appointed her to serve two terms as Chair of the Conference's Committee on the Judicial Branch which oversees the federal judiciary's relationship with Congress and the executive branch. Dean Tacha also was a member of the United States Sentencing Commission which is responsible for studying and making recommendations to Congress about federal sentencing policy.
She has represented the judiciary of the United States internationally on several occasions, including participating in the American College of Trial Lawyers Anglo-American Legal Exchange among members of the bench and bar in the United States and in the United Kingdom. In 1992, the American Bar Association selected Dean Tacha as a member of a delegation of lawyers and judges who traveled to Albania to assist that nation in developing a new constitution and government, and in 2007, Judge Tacha represented American judges in the Canadian-American Legal Exchange.
As a spokesperson for enhanced ethics, professionalism, and civility in the legal profession, Dean Tacha has been active in the American Inns of Court movement. She helped found the Judge Hugh Means American Inn of Court in Lawrence, served on the national Board of Trustees of the American Inns of Court, and was its national president from 2004-2008. Her contributions to the legal profession were recognized when she was named recipient of the Devitt Award in 2007, the highest honor given to a federal judge for distinguished lifetime service. In 2008, she was recipient of the John Marshall Award, which the American Bar Association bestows for positively impacting the justice system.
Dean Tacha holds professional memberships in the American Bar Association, American Bar Foundation (Life Member), American Law Institute, Kansas Bar Association, Phi Beta Kappa, and Order of Coif and she is admitted to the Bar in Kansas, Missouri, and the District of Columbia. Additionally, she is a past chair of the Appellate Judges Conference and a former member of the ABA's Commission on Women in the Profession.
Dean Tacha has held leadership positions in numerous civic and charitable organizations including chairing the Kansas Territorial Sesquicentennial Commission, the Lawrence/Douglas County Heritage Area Commission, and the Freedom's National Heritage Area Board of Trustees. She has served as a member of the board of directors or as a trustee at Kansas State Historical Society, Kansas Health Foundation, Baker University, Saint Paul School of Theology, Lawrence Arts Center, and First United Methodist Church, Lawrence, to name a few.
President, North Star Opinion Research
Dr. Whit Ayres is the President of North Star Opinion Research, formerly Ayres, McHenry, & Associates Inc. Prior to establishing the firm, Ayres served as Senior Executive Assistant for Budget and Policy to Governor Carroll Campbell in South Carolina. He also served as a tenured member of the political science faculty at the University of South Carolina.
Ayres is the Co-Founder of Resurgent Republic with former Republican National Committee Chairman Ed Gillespie. Resurgent Republic develops and disseminates creative conservative messages for the 21st century. The organization conducts periodic surveys and focus groups, and releases the results to the public through its Web site, www.resurgentrepublic.com. He also is the Chairman of the American Association of Political Consultants, (www.theaapc.org), a bi-partisan national organization that promotes the political consulting industry, protects political freedom of speech, and fosters ethical behavior in political campaigns.
Known for his expertise and sharp strategic insight, Ayres is a guest periodically on Fox News, CNN, and National Public Radio. His comments and analysis appear in The Wall Street Journal, The New York Times, The Washington Post, The Los Angeles Times, USA Today, and numerous regional newspapers.
He graduated from Davidson College in Davidson, North Carolina, with a major in political science, and received an M.A. and Ph.D. in political science from the University of North Carolina at Chapel Hill.
Ayres is an active private pilot, flying his Beechcraft Baron throughout the eastern U.S., and he is a member of the Aircraft Owners and Pilots Association. He is also the Virginia State Racquetball champion in his age division.
Partner, McGuireWoods LLP
George Terwilliger is co-head of the firm's white collar practice and leads the firm's Strategic Response and Crisis Management practice group. Following his fifteen years of public service in the US Department of Justice, where he began as a law clerk and concluded as Acting Attorney General, George has provided counsel in government and internal investigations, agency enforcement proceedings and in civil and criminal litigation. He has represented many of the nation's and the world's largest corporations, including major financial institutions, energy companies, public institutions as well as leading business and government officials, including members of the US Senate and House as well as cabinet officials. He has also represented lawyers and corporate legal departments in investigations. As a result of both his private sector work and government positions, George is called upon to provide counsel as well as commentary to government officials, Congress and private organizations on national security, homeland defense, terrorism, and other public policy and legal issues. George's work regularly involves providing counsel in the executive suites and boardrooms of major corporations.
In private practice for international law firms, George has represented national and international financial, energy, telecommunications, industrial and healthcare companies. He is a recognized expert in leading credible corporate internal investigations and his experience designing and executing both targeted and global legal compliance reviews has involved work in more than 60 countries around the globe. George is an expert on the Foreign Corrupt Practices Act and regularly provides counsel to companies addressing FCPA issues. No stranger to high stakes litigation and crisis events, George helped lead the Bush-Cheney legal team in the 2000 Florida vote recount, served as special outside counsel to a Senate committee investigating vote fraud allegations, served as counsel to an executive commission on gambling, and has represented many clients in politically charged election law and similar cases. He has guided corporations and individual through high stakes matters of intense public interest. He represented an incumbent president in First Amendment litigation concerning the right to have an inaugural prayer said in a public ceremony.
At the Department of Justice, George served for 10 years as a frontline federal prosecutor, handling hundreds of investigations, trials and appeals, including in white collar and national security cases. President Ronald Reagan appointed him as a U.S. attorney, and he next served as the deputy attorney general and as acting attorney general during the George H.W. Bush administration. As Deputy Attorney General, George ran the Justice Department's operations, overseeing all the nation's federal prosecutors, as well as the FBI and other law enforcement agencies. He also had leadership responsibility in several national and international crises, including a hostage-taking in a federal prison and the federal law enforcement response to domestic unrest in Los Angeles. In several instances, he personally handled negotiations of high-profile criminal and civil matters in the United States and abroad.
Professor of Law, Antonin Scalia Law School, George Mason University
Eric R. Claeys is Professor of Law at the Antonin Scalia Law School, George Mason University. He has written widely in the fields of property, private law, and constitutional law. Professor Claeys’s current research interests focus on flourishing- and labor-based natural rights justifications for property—in American property theory, in intellectual property, and in contemporary regulation of shale gas exploration and hydraulic fracturing. He is a member of the American Law Institute, he serves on the ALI’s Members’ Consultative Group for the first Restatement of Copyright, and he also serves as an adviser to the Restatement (Fourth) of the Law of Property.
Professor Claeys received his JD from the University of Southern California Gould School of Law. He received his AB from Princeton University, and he is a former visiting fellow and current member of Princeton’s Politics Department’s James Madison Program in American Ideals and Institutions. After law school, Professor Claeys clerked for the Hon. Melvin Brunetti, U.S. Court of Appeals for the Ninth Circuit, and the Hon. William H. Rehnquist, Chief Justice of the United States.
Professor Claeys’s main teaching interests include Property, Torts, Jurisprudence, and Intellectual Property. In recent years, he has also taught Water Law, Remedies, Estates and Trusts, Trade Secrecy, Constitutional Law, Torts, and Oil and Gas law. Spring 2018, he is teaching Torts and Jurisprudence as a Visiting Professor at Harvard Law School.
Carmack Waterhouse Professor of Constitutional Law, Georgetown Law
After graduating from Harvard Law School in 1971, Professor Seidman served as a law clerk for J. Skelly Wright of the D.C. Circuit and U.S. Supreme Court Justice Thurgood Marshall. He then was a staff attorney with the D.C. Public Defender Service until joining the Law Center faculty in 1976. He teaches a variety of courses in the fields of constitutional and criminal law. He is co-author of a constitutional law casebook and the author of many articles concerning criminal justice and constitutional law. His most recent books are Silence and Freedom (Stanford 2007), Our Unsettled Constitution: A New Defense of Constitutionalism and Judicial Review (Yale 2001) and Equal Protection of the Laws (Foundation 2002).
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom