Does the Constitution Matter? Judicial Interpretation in a Liberal Age with a Focus on the Healthcare Debate
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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.
Former United States Attorney General
Michael B. Mukasey is the former Attorney General of the United States, the nation’s chief law enforcement officer. As Attorney General from November 2007 to January 2009, he oversaw the U.S. Department of Justice and advised on critical issues of domestic and international law.
From 1988 to 2006, Judge Mukasey served as a district judge in the United States District Court for the Southern District of New York, becoming Chief Judge in 2000.
From 1972 to 1976, Judge Mukasey served as an Assistant United States Attorney for the Southern District of New York, and as Chief of the Official Corruption Unit from 1975 to 1976. His practice consisted of criminal litigation on behalf of the government, including investigation and prosecution of narcotics, bank robbery, interstate theft, securities fraud, fraud on the government and bribery. From 1976 to 1987 and from 2006 to 2007 he was in private practice.
Judge Mukasey has received numerous honors, including the Federal Bar Council’s Learned Hand Medal for Excellence in Federal Jurisprudence. He served as Chairman of the Committee on Public Access to Information and Proceedings of the New York Bar Association from 1984 to 1987. He served on the Federal Courts Committee of the Association of the Bar of the City of New York from 1979 to 1982 and its Communications Law Committee from 1983 to 1986. Judge Mukasey was also a part-time lecturer at Columbia School of Law from January 1993 to May 2007, teaching trial advocacy.
He received his LL.B. from Yale Law School in 1967 and his B.A. from Columbia College in 1963.
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.
Adjunct Professor, Belmont Abbey College
Vice President, Brady Center to Prevent Gun Violence
Dennis A. Henigan is the Vice President of the Brady Center to Prevent Gun Violence and Founder of its Legal Action Project. He is the author of Lethal Logic: Exploding the Myths that Paralyze American Gun Policy (Potomac Books 2009).
For twenty years, he has been a leading advocate for stronger gun laws, appearing dozens of times on national television and radio shows, including 60 Minutes, The Today Show, Nightline, Larry King Live and Dateline. He also has written and spoken extensively on liability and constitutional issues relating to gun laws and gun violence, including testifying before several Congressional Committees.
Under his direction, Brady Center lawyers have recovered millions of dollars in damages for gun violence victims, as well as winning precedent-setting decisions on the liability of gun sellers. In 2004, he was named one of the top ten "Lawyers of the Year" by Lawyers' Weekly magazine. His work as a public interest lawyer has been profiled in The New Yorker.
Henigan received his B.A. from Oberlin College in 1973 and his law degree in 1977 from the University of Virginia School of Law. Prior to joining the Brady Center in 1989, he was a partner in the law firm of Foley & Lardner.
Henigan received his B.A. from Oberlin College in 1973 and his law degree in 1977 from the University of Virginia School of Law.
Executive Director, Coalition to Stop Gun Violence
Mr. Horwitz is a graduate of the University of Michigan and received his law degree from the George Washington University. He is currently a visiting scholar at the Johns Hopkins Bloomberg School of Public Health and is working on a book examining the relationship between guns and democracy which will be published by the University of Michigan Press in 2008.
Author and FoxNews.com Contributor
John R. Lott, Jr. is an economist who has held research and/or teaching positions at the University of Chicago, Yale University, Stanford, UCLA, Wharton, and Rice and was the chief economist at the United States Sentencing Commission during 1988 and 1989. He has published over 100 articles in academic journals. He also is the author of six books including More Guns, Less Crime, Freedomnomics, The Bias Against Guns, and Are Predatory Commitments Credible? He has just released another book entitled "Debacle: Obama's war on jobs and growth and what we can do now to regain our future." Lott is a FoxNews.com contributor and a weekly columnist for them. Opinion pieces by Prof. Lott have appeared in such places as The Wall Street Journal, The New York Times, The Los Angeles Times, the New York Post, USA Today, and The Chicago Tribune. He has appeared on such television programs as the ABC and NBC National Evening News broadcasts, Fox News, "The NewsHour with Jim Lehrer," and the "Today Show." He received his Ph.D. in economics from UCLA in 1984.
Attorney, Pacific Legal Foundation
Jim Manley is an attorney at Pacific Legal Foundation, where he litigates in defense of free speech, economic liberty, and property rights. For more than a decade, he has been fighting to protect and expand freedom through strategic litigation and policymaking.
Before joining PLF, Jim litigated at the Goldwater Institute and Mountain States Legal Foundation. In his first case after graduating from law school, he sued his alma mater and won at the Colorado Supreme Court, guaranteeing the right of self-defense on college campuses. Since then, he has successfully challenged many unconstitutional laws—including striking down part of the Kentucky Constitution—saved a man from jail for the “crime” of repairing windshields, prevented a foster child from being ripped away from her pre-adoptive parents because of her race, and helped enact laws protecting free speech on college campuses. His cases defending free speech, the right to keep and bear arms, taxpayer rights, and property rights have set important precedents for liberty in state and federal courts across the country.
A native of Michigan, he graduated from Arizona State University, with a double major in Political Science and Journalism. He earned his J.D. from the University of Colorado Law School, where he was an Associate Editor of the Law Review and President of the Federalist Society. Before attending law school, he was a professional ski instructor in Telluride, Colorado. He is licensed to practice law in Arizona and Colorado.
Jim lives in Phoenix with his wife, Marlene, and their children, Milton and Cora. They have a cat named Martha Washington.
Adjunct Professor, Belmont Abbey College
Associate Dean for Faculty; Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law, The Ohio State University Mortiz College of Law
Professor Daniel Tokaji is an authority on the law of elections and democracy. He teaches courses on Election Law, Civil Rights, Civil Procedure, Comparative Law, Constitutional Law, Federal Courts, Legislation and Regulation, and the U.S. Legal System. His scholarship addresses questions of voting rights, racial justice, free speech, and the role of the courts in American democracy.
Professor Tokaji is the author of Election Law in a Nutshell (2d ed. 2016), and co-author of Election Law: Cases and Materials (6th ed. 2017) and The New Soft Money (2014). He has written numerous articles and book chapters on a wide variety of election and voting issues, including voting rights, voter ID, voter registration, redistricting, campaign finance regulation. Recent articles include “Gerrymandering and Association,” 59 William & Mary Law Review 2159 (2018), and “Denying Systemic Equality: The Last Words of the Kennedy Court,” 13 Harvard Law & Policy Review 539 (2019). His current research focuses on the challenges facing democracies around the globe, including the free speech issues surrounding digital disinformation and the need for trustworthy electoral institutions.
Media outlets frequently seek Professor Tokaji’s expertise on election and voting issues. He has been quoted in The New York Times, Los Angeles Times, The Columbus Dispatch, USA TODAY, and appeared on TODAY, FOX News, NBC News, and National Public Radio and many other media outlets.
A graduate of Harvard College and the Yale Law School, Professor Tokaji clerked for the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. Before arriving at Ohio State, he was a staff attorney with the ACLU Foundation of Southern California and Chair of California Common Cause.
Professor Tokaji has litigated many civil rights, civil liberties, and election law cases. He was lead counsel in a case that struck down an Ohio law requiring naturalized citizens to produce a certificate of naturalization when challenged at the polls. He also served as counsel in litigation challenging the state’s voting purges. He was also an attorney for plaintiffs in cases that kept open the window for simultaneous registration and early voting in Ohio’s 2008 general election, and that challenged punch-card voting systems in Ohio and California after the 2000 election.
A. W. Walker Centennial Chair in Law, University of Texas at Austin School of Law
Professor Graglia has written widely in constitutional law--especially on judicial review, constitutional interpretation, race discrimination, and affirmative action--and also teaches and writes in the area of antitrust. He is the author of Disaster by Decree: The Supreme Court Decisions on Race and the Schools (Cornell, 1976) and many articles, including recently "Church of the Lukumi Babalu Aye: Of Animal Sacrifice and Religious Persecution" (Georgetown Law Journal, 1996). He has been a Visiting Professor at the University of Virginia School of Law.
Judge, United States Court of Appeals, Fifth Circuit
James C. Ho is a Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit. Before taking the bench on January 4, 2018, he was a partner and co-chair of the national Appellate and Constitutional Law practice group of Gibson, Dunn & Crutcher LLP.
As an appellate litigator for over a decade, including three years as the Solicitor General of Texas, Judge Ho presented 50 oral arguments in federal and state courts nationwide. He won numerous appeals, including three merits cases at the U.S. Supreme Court. He was routinely ranked among the nation’s leading lawyers by Benchmark, Chambers, Law360, The Legal 500, and The National Law Journal, among other publications. His work has been cited favorably by courts at every level of both the federal and state judiciaries. He won a Best Brief Award from the National Association of Attorneys General for every year that he served as solicitor general, and he is the only state solicitor general in history to be invited by the U.S. Supreme Court to express the views of a state.
Judge Ho has served in all three branches of the federal government. On the Senate Judiciary Committee, he served as chief counsel of the Subcommittees on the Constitution and Immigration under Senator John Cornyn. At the Justice Department, he served as Special Assistant to the Assistant Attorney General for Civil Rights and an attorney-advisor at the Office of Legal Counsel. He clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and Justice Clarence Thomas of the U.S. Supreme Court.
His record of public service also includes appointments as vice chair of the Federal Judicial Evaluation Committee in Texas and co-chair of the National Asian Pacific American Bar Association Judiciary Committee, and as a member of the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas, the U.S. delegation to the United Nations Committee on the Elimination of Racial Discrimination, and the Continuity of Government Commission.
In addition, Judge Ho has served as an Adjunct Professor of Law at the University of Texas School of Law, where he taught seminars on U.S. Supreme Court Litigation and Religious Liberty. He has authored numerous articles in respected law reviews nationwide, including an annual feature on exemplary judicial writing for The Green Bag Almanac & Reader. He previously served as senior editor of The Green Bag and as co-editor of Pub. L. Misc.
Judge Ho graduated from Stanford University with honors and a B.A. in Public Policy in 1995, and the University of Chicago Law School with high honors in 1999. Before law school, he was a legislative aide to California State Senator Quentin Kopp. He and his wife Allyson live in Dallas, Texas, with their twin daughter and son.