Obamacare in the Supreme Court
Federalism & Separation of Powers Practice Group
National Press Club529 14th St. NW
Washington, DC 20045
Here are the latest events.
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.
Partner, O'Melveny & Myers LLP
Walter Dellinger is an influential authority on appellate and Supreme Court decisions, lending his experience as a former Solicitor General and decades of legal knowledge to amicus briefs, a multitude of pro bono clients, and public and private companies involved in bet-the-company litigation. A frequent commentator for the Wall Street Journal, Slate, and major television networks, Walter holds the designation of the Douglas B. Maggs Emeritus Professor of Law at Duke University. He was named one of the 100 Most Influential Lawyers in America by the National Law Journal and recognized with a Lifetime Achievement Award from the American Lawyer.
Walter, who formerly served as O’Melveny’s Diversity and Inclusion Partner, helped convince the US Supreme Court that proponents of Proposition 8, California's ban on same-sex marriage, did not have standing to appeal a court order invalidating it. That ruling, Hollingsworth v. Perry, cleared the way for marriage equality in California and eventually nationwide.
Walter served as Assistant Attorney General and head of the Office of Legal Counsel (OLC) from 1993 to 1996. He was acting Solicitor General for the 1996-97 Term of the US Supreme Court. During that time, Walter argued nine cases before the Court, the most by any Solicitor General in more than 20 years. His arguments included cases dealing with physician-assisted suicide, the line item veto, the cable television act, the Brady Act, the Religious Freedom Restoration Act, and the constitutionality of remedial services for parochial school children.
Walter has served as Special Counsel to the Board of Directors of the New York Stock Exchange in connection with the NYSE’s transformation into a publicly held company and its acquisition of an electronic trading company.
After serving in early 1993 in the White House as an advisor to the President on constitutional issues, Walter was nominated by the President to be Assistant Attorney General. He was confirmed by the Senate in October 1993 and served for three years. As head of the OLC, Walter issued opinions on a wide variety of issues, including: the President's authority to deploy United States forces in Haiti and Bosnia; whether the trade agreements required treaty ratification; and a major review of separation of powers questions. He provided extensive legal advice on questions arising out of the shutdown of the federal government, on national debt ceiling issues, and on loan guarantees for Mexico.
Walter has published articles on constitutional issues for scholarly journals including the Harvard Law Review, the Yale Law Journal, and the Duke Law Journal, and has written for the New York Times, the Washington Post, Newsweek, the New Republic, and the London Times. He has been a visiting professor at the Catholic University of Belgium and has given lectures to university faculties in Florence, Siena, Nuremberg, Copenhagen, Leiden, Utrecht, Tilburg, Mexico, and Rio de Janeiro, and has delivered major lectures at Stanford, Yale, Harvard, Michigan, Berkeley, Penn, Duke, Chicago, and other US law schools. He has testified more than 25 times before committees of Congress.
In private practice, Walter’s arguments before the United States Supreme Court have included Exxon Shipping Co. v. Baker, Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County, Alabama v. North Carolina, Hosanna-Tabor v. EEOC, Heller v. District of Columbia, Jackson v. Birmingham School District, Brown v. Legal Foundation of Washington, US Airways v. Barnett, Utah v. Evans, Hunt v. Cromartie, and Hunt v. Easley. His most notable Court of Appeals and state supreme court arguments include Martha Stewart v. United States, Whiteside v. United States, and Exxon v. Alabama, LCI v. Phillips.
Partner, Millbank LLP
Mr. Katyal, the former Acting Solicitor General of the United States, focuses on appellate and complex litigation. He has argued 54 cases before the Supreme Court of the United States.
He has extensive experience in matters of antitrust, corporate, constitutional, securities, technology, criminal, patent, copyright, trademark, ERISA, products liability, labor, employment and tribal law. In the 2022-23 Supreme Court term, he argued five separate cases (nearly 10% of the docket), including winning the landmark voting case Moore v. Harper, which Judge Michael Luttig described as “the most important case for American democracy in the almost two and a half centuries since America’s founding.” Judge Luttig also said Mr. Katyal’s argument “was the single best oral argument I have ever heard made in the Supreme Court of the United States.” His cases include successfully striking down the Guantanamo military tribunals, successfully defending the constitutionality of the Voting Rights Act and successfully defending the Peace Cross in Maryland. His 2017 win in Bristol Myers Squibb v. Superior Court was a landmark victory for personal jurisdiction law and his 2006 win in Hamdan v. Rumsfeld was described by former Acting Solicitor General Walter Dellinger as “simply the most important decision on presidential power and the rule of law ever. Ever.”
From 2010 to 2011, Mr. Katyal served as Acting Solicitor General of the United States, where he argued several major Supreme Court cases involving a variety of issues, such as his successful defense of the constitutionality of the Voting Rights Act of 1965, his victorious defense of former Attorney General John Ashcroft for alleged abuses in the war on terror, his unanimous victory against eight states who sued the nation's leading power plants for contributing to global warming, and a variety of other matters. As Acting Solicitor General, he was responsible for representing the federal government of the United States in all appellate matters before the US Supreme Court and the Courts of Appeals throughout the nation. He served as Counsel of Record hundreds of times in the US Supreme Court. He was also the only head of the Solicitor General's office to argue a case in the US Court of Appeals for the Federal Circuit, on the important question of whether certain aspects of the human genome were patentable.
After graduating from Yale Law School, Mr. Katyal clerked for The Honorable Guido Calabresi of the US Court of Appeals for the Second Circuit as well as for The Honorable Justice Stephen G. Breyer of the US Supreme Court. He also served in the Deputy Attorney General's Office at the Justice Department as National Security Advisor and as Special Assistant to the Deputy Attorney General during 1998-1999.
Mr. Katyal is a best-selling New York Times author and has published dozens of scholarly articles in law journals (including several in the Harvard Law Review and Yale Law Journal), as well as many op-ed articles in publications such as the New York Times and the Washington Post. He has testified numerous times before various committees of both the US House of Representatives and the US Senate.
Partner, Jones Day
Kevin Marshall provides clients analysis, strategy, and advocacy involving novel or complex legal issues, particularly in white collar and other compliance matters and in civil litigation arising out of criminal matters or alleged fraud. This includes appeals, dispositive and other critical motions, and prelitigation analyses.
Kevin oversaw trial and appellate briefing, and argued on appeal, in the successful defense of lawsuits arising out of the wiretapping prosecution of a private investigator who had served Jones Day's clients. He also has overseen briefing of, and successfully argued, motions for R.J. Reynolds in connection with arbitration under the Federal Arbitration Act, and the partial settlement, of billion dollar disputes with states under the Master Settlement Agreement. His assistance with investigations and related litigation has included the Foreign Corrupt Practices Act, false claims acts, RICO, civil and criminal fraud, reckless manslaughter, and the intersection of products liability and bankruptcy. Kevin was part of the team representing the National Federation of Independent Business in challenging the constitutionality of the Patient Protection and Affordable Care Act before the Eleventh Circuit and U.S. Supreme Court. He also has advised on and briefed issues under the Consumer Product Safety Improvement Act (CPSIA).
Before joining Jones Day, Kevin was a deputy assistant attorney general in the U.S. Department of Justice's Office of Legal Counsel. He provided authoritative written legal opinions and other legal advice, throughout the executive branch, on the Constitution, treaties, international law including the law of war, and federal statutes and regulations. He also testified three times before Congress.
Freelance Journalist and Author
Stuart Taylor, Jr. is a Washington writer focusing on legal and policy issues and a National Journal contributing editor. He occasionally practices law.
Taylor has coauthored three books. All have been acclaimed by commentators across the ideological spectrum. In January 2017, KC Johnson and Taylor authored The Campus Rape Frenzy: The Attack on Due Process at America's Universities. In 2012, Richard Sander and Taylor authored Mismatch: How Affirmative Action Hurts Students It's Intended to Help, and Why Universities Won't Admit It. In 2007, Taylor and Johnson authored Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Fraud. Sander and Taylor have also filed amicus briefs in Supreme Court cases involving admissions preferences.
Since 1980, Taylor has done reporting and commentary about issues ranging from the biggest Supreme Court cases to race, voting rights, mindlessly excessive criminal penalties, guilt-presuming campus rape processes, journalistic bias, the death penalty, war powers, gerrymandering, guns, polarization, civil liberties, national security, torture, campaign finance, education, impeachment, and other issues. He has often been called one of the nation's best legal journalists and is known for challenging both liberal and conservative conventional wisdom.
Taylor was a reporter for The New York Times from 1980-1988, covering legal affairs and then the Supreme Court. He wrote commentaries and long features for The American Lawyer, Legal Times and their affiliates from 1989-1997, and for National Journal and Newsweek from 1998 through 2010. He has written (less often) on a freelance basis for numerous publications since 2010. He has written op-eds for The Washington Post, The New York Times, The Wall Street Journal, The Los Angeles Times, USA Today, and The New York Daily News and longer commentaries for RealClearPolitics, The Atlantic, The New Republic, the (late) Weekly Standard, National Review, Slate, The Daily Beast, Harper’s, Reader’s Digest, Time and other magazines. He has been interviewed on all major television and radio networks. He taught “Law and the News Media” at Stanford Law School in 2011 and 2012 and practices law on occasion.
Taylor graduated from Princeton University in 1970 with an A.B. in History. After working as a reporter for the Baltimore Evening Sun and Sun from 1971-1974, he moved to Harvard Law School, was a Harvard Law Review note editor, and graduated in 1977 at the top of his class, with high honors. He also won a Frederick Sheldon Traveling Fellowship and traveled around the world in 1977-1978 while studying freedom of the press in the United Kingdom and Kenya.
Taylor practiced law with Wilmer, Cutler & Pickering, in Washington, D.C., from 1977-1980 before returning to journalism in 1980 by joining the Washington Bureau of The New York Times.
Taylor's journalism honors include the 2009 Northern California Innocence Project Media Award for his work on the Duke lacrosse rape fraud; a 2002 National Headliner Award for best special magazine column on one subject; and a share of The American Lawyer’s National Magazine Award for a March 1990 special issue on the drug war. He was a National Magazine Award finalist in 1993 and 1997 and was nominated by The New York Times for a Pulitzer Prize in 1988.
Founder and President, American Civil Rights Institute
Ward Connerly is founder and President of the American Civil Rights Institute – a national, not-for-profit organization aimed at educating the public about the need to move beyond race and, specifically, racial and gender preferences. Mr. Connerly has gained national attention as an outspoken advocate of equal opportunity for all Americans, regardless of race, sex, or ethnic background.
Mr. Connerly is author of Creating Equal: My Fight Against Race Preferences and his new release Lessons from My Uncle James: Beyond Skin Color to the Content of Our Character. One part memoir, one part moral guide, Lessons from My Uncle James is a touching, funny and ultimately a philosophical book about living a principled and productive life regardless of skin color. Lessons illustrates how Mr. Connerly arrived at the ethics that have guided his life and is a new starting point for the discussion about character that America must have in order to move beyond race for good.
As a member of the University of California Board of Regents, Mr. Connerly focused the attention of the nation on the University's race-based system of preferences in its admissions policy. On July 20, 1995, following Mr. Connerly's lead, a majority of the Regents voted to end the University's use of race as a means for admissions. He was appointed to a 12-year term as UC Regent in March 1993.
In 1995, Mr. Connerly accepted chairmanship of the California Civil Rights Initiative (Proposition 209) campaign. Under his leadership, the campaign successfully obtained more than 1 million signatures and qualified for the November 1996 ballot. California voters passed Proposition 209 by a 55 percent to 45 percent margin.
Mr. Connerly also led the efforts to pass initiatives in the States of Washington, Michigan, Nebraska and Arizona that were patterned after California's Proposition 209, to require equal treatment under the law for all residents in public education, public employment and public contracting.
Mr. Connerly has been profiled on 60 Minutes, the cover of Parade magazine, the New York Times, Wall Street Journal, Newsweek magazine, and virtually every major news magazine in America. He has also appeared on The NewsHour with Jim Lehrer, Crossfire, Hannity & Colmes, Meet the Press, Dateline, NBC Nightly News, CNN, and C-SPAN.
Mr. Connerly is President and Chief Executive Officer of Connerly & Associates, Inc., a Sacramento-based association management and land development consulting firm founded in 1973. He is regarded as one of the housing industry's top experts, possessing a comprehensive knowledge of housing and development issues. He has been inducted as a lifetime member into the California Building Industry Hall of Fame and has been a member of the Rotary Club of Sacramento for over 15 years.
Professor of Law, University of Notre Dame Law School
Gerard V. Bradley is Professor of Law at the University of Notre Dame, where he teaches Legal Ethics and Constitutional Law. At Notre Dame he directs (with John Finnis) the Natural Law Institute and co-edits The American Journal of Jurisprudence, an international forum for legal philosophy. Bradley has been a Visiting Fellow at the Hoover Institution of Stanford University, and a Senior Fellow of the Witherspoon Institute, in Princeton, New Jersey. He served for many years as President of the Fellowship of Catholic Scholars.
Bradley received his B.A and J.D. degrees from Cornell University, graduating Summa cum laude from the law school in 1980. After serving in the Trial Division of the Manhattan District Attorney’s Office he joined the law faculty at the University of Illinois. He moved to Notre Dame in 1992. Bradley has published over one hundred scholarly articles and reviews. His most recent books are an edited collection of essays titled, Challenges to Religious Liberty in the Twenty-First Century (published by Cambridge University Press in 2012), Essays on Law, Religion, and Morality and Unquiet Americans: U.S. Catholics and the Common Good (both to be published in 2014.) He is currently working on a book about regulating obscenity in the Internet Age.
Professor and Director, Prolife Center, University of St. Thomas School of Law
Teresa Collett, J.D., is professor at the University of St. Thomas School of Law, where she serves as director of the school's Prolife Center. Collett received her doctorate at the University of Oklahoma College of Law. As a well-known advocate for the protection of human life and the family, Collett specializes in the subjects of marriage, religion and bioethics in her research.
Collett has published numerous legal articles and is the co-author of a law casebook on professional responsibility and co-editor of a collection of essays exploring “catholic” and “Catholic” perspectives on American law. She is an elected member of the American Law Institute, and has testified before committees of the U.S. Senate and House of Representatives, as well as before legislative committees in several states.
In 2009, Pope Benedict XVI appointed Collett to a five-year term on the Pontifical Council for the Family. Her appointment was renewed by His Holiness Pope Francis until 2016 when the responsibilities of the Council were assumed by the Dicastery for the Laity, Family and Life. In 2013, she served as a delegate to the International Conference on Population and Development (ICPD) for the Mission of the Holy See to the United Nations.
She represented Congressman Ron Paul and various medical groups in the defense of the U.S. federal ban of partial-birth abortion, and the governors of Minnesota and North Dakota defending the N.H. requirement of state parental involvement prior to performance of an abortion on a minor before the U.S. Supreme Court. Collett is often asked to represent the interests of government officials before federal appellate courts. She has served as special attorney general for the states of Oklahoma and Kansas, as well as assisting other state attorneys general in defending laws protecting human life and marriage. Prior to joining St. Thomas in 2003, Collett taught at the South Texas College of Law, where she established the nation's first annual symposium on legal ethics.
Vice President for Legal Affairs, Goldwater Institute
Director of Regulatory and State Affairs, Institute for Energy Research
Daniel Simmons is Director of State Affairs at the Institute for Energy Research. He oversees energy research and outreach at the state level. Before joining IER, Simmons served as the Director of the Natural Resources Task Force at the American Legislative Exchange Council (ALEC). ALEC’s Natural Resources Task Force promotes policy innovations through markets, property rights, and the rule of law in energy, environment, natural resources, and agricultural policy areas.
Prior to working for ALEC, Simmons was a Research Fellow at the Mercatus Center at George Mason University. He analyzed proposed federal regulations and wrote comments to federal agencies during the rulemaking process. He also drafted law review articles based on a current regulatory and legal issues.
Previous to working at the Mercatus Center, Simmons served as Legislative Staff for the Committee on Resources in the U.S. House of Representatives where he handled endangered species and forestry issues.
Simmons holds a B.A. in Economics from Utah State University and a J.D. from George Mason University School of Law. He is a member of the Virginia State Bar.
Professor of Law and Director of the Natural Resources Law Cente, University of Colorado Law School
Professor Mark Squillace is the Director of the Natural Resources Law Center at the University of Colorado Law School. Before coming to Colorado, Professor Squillace taught at the University of Toledo College of Law where he was the Charles Fornoff Professor of Law and Values. Prior to Toledo, Mark taught at the University of Wyoming College of Law where he served a three-year term as the Winston S. Howard Professor of Law. He is a former Fulbright scholar and the author or co-author of numerous articles and books on natural resources and environmental law. In 2000, Professor Squillace took a leave from law teaching to serve as Special Assistant to the Solicitor at the U.S. Department of the Interior. In that capacity he worked directly with the Secretary of the Interior, Bruce Babbitt, on variety of legal and policy issues.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Judge, United States Court of Appeals, Seventh Circuit
Judge Sykes was nominated to the Seventh Circuit by President George W. Bush and confirmed by the Senate in 2004. Prior to her appointment to the federal bench, Judge Sykes served as a justice on the Wisconsin Supreme Court. Governor Tommy G. Thompson appointed her in September 1999 to fill a mid-term vacancy on the state supreme court, and she was elected to a full ten-year term in April 2000. From 1992-1999, Judge Sykes served on the state trial bench in Milwaukee County (elected in 1992 and re-elected in 1998). From 1985-1992, Judge Sykes practiced law with the Milwaukee firm of Whyte & Hirschboeck, S.C., and from 1984-1985, was a law clerk to Federal Judge Terence T. Evans.
Born and raised in the Milwaukee area, Judge Sykes earned a bachelor’s degree in journalism from Northwestern University in 1980 and a law degree from Marquette University Law School in 1984. Between college and law school, Judge Sykes worked as a reporter for The Milwaukee Journal.
Judge Sykes has two sons.
Professor of Law, High Point School of Law
Scott Gaylord directs High Point Law’s Appellate Litigation Clinic and serves as a Professor of Law, teaching Constitutional Law and related upper-level elective courses. The Appellate Clinic works with students to write and file briefs in significant court cases, including appeals before the United States Supreme Court.
Professor Gaylord is a prominent Constitutional Law scholar with an impressive background in both academia and legal practice. He has authored or co-authored 18 substantial law review articles, co-authored a Constitutional Law casebook, and has written more than 35 amicus briefs to the U.S. Supreme Court and federal circuit courts on prominent national cases involving religious liberty and free speech. He is a frequent speaker on constitutional law and First Amendment topics at law schools across the country and has regularly provided commentary on ongoing constitutional issues to national media outlets, including th eNew York Times, USA Today, the Diane Rehm Show, NPR, The National Constitution Center, and Bloomberg Law.
Professor Gaylord also started an appellate advocacy clinic at his former law school and currently serves on the North Carolina Chief Justice’s Commission on Professionalism, along with holding many other service and leadership roles. Prior to joining the academy in 2007, he practiced complex civil and commercial litigation with the Charlotte firm of Robinson Bradshaw & Hinson, and he clerked for Judge Edith H. Jones on the United States Court of Appeals for the Fifth Circuit.
Professor Gaylord earned his B.A. in philosophy and English, summa cum laude, from Colgate University, his Ph.D. in philosophy from the University of North Carolina at Chapel Hill, and his J.D. from Notre Dame Law School, where he also graduated summa cum laude.
Professor, The University of South Dakota School of Law
Patrick Garry is a professor of law at The University of South Dakota and the Director of the Hagemann Center for Legal & Public Policy Research.
Professor Garry has published more than forty scholarly articles and authored ten books, many of which have been the subject of numerous conferences and symposia. Professor Garry has been invited on several occasions to testify before Congress on legal and constitutional matters, and he is a frequent speaker at Federalist Society sponsored events. Aside from his public speaking appearances, Professor Garry often writes for popular audience websites, magazines, and newspapers, including the Chicago Tribune and Washington Times. These writings offer commentary and analysis of current political and legal issues.
Professor Garry received his Ph.D. and J.D. from the University of Minnesota. And he has been invited to teach as a visiting professor at the George Washington University Law School, the University of Utah School of Law, the University of Missouri School of Law, and the University of St. Thomas School of Law.