Is Presidential Appointment of Federal 'Czars' Constitutional?
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Professor of Law, Villanova University Charles Widger School of Law
Tuan Samahon teaches and writes in the areas of federal courts and constitutional law. His articles have been published in the Stanford Law Review, Ohio State Law Journal, Hastings Law Journal, William & Mary Bill of Rights Journal, University of Chicago Legal Forum, Denver Law Review, and Villanova Law Review, among others.
Beyond his scholarship, Tuan is engaged in interpreting and fashioning federal constitutional law. He has testified before the U.S. Senate Judiciary Committee, Subcommittee on the Constitution, and has served as counsel in separation-of-powers and Freedom of Information Act litigation in federal trial and appellate courts. Recently, Tuan prevailed against the CIA in a civil action for the release of the draft fifth volume of its secret history of the 1961 Bay of Pigs operation. In addition to representing others, for a book he is researching, Tuan successfully sued the FBI for the release of agency records detailing high-ranking executive and judicial officers' abuses of power.
Tuan received his B.A. from Brigham Young University and his J.D. from Georgetown University Law Center, where he was an Olin Law and Economics Research Fellow and was co-awarded the Olin Prize in Law and Economics. Prior to entering teaching, he clerked for U.S. District Judge Raymond A. Jackson on the Eastern District of Virginia and for U.S. Circuit Judge Jay S. Bybee on the Ninth Circuit. He also practiced in the Washington, D.C. office of Covington & Burling. Professor Samahon was named "Professor of the Year" by his students at the University of Nevada, Las Vegas. He teaches civil procedure, federal courts, and constitutional law subjects.
During spring 2017, Tuan served as a Fulbright scholar with the law faculty at the University of Zagreb, Croatia.
Levin, Mabie & Levin Professor of Law, University of Florida Levin College of Law
Professor Gary Lawson joined the University of Florida Levin College of Law faculty on July 1, 2024, after twenty-four years at Boston University School of Law and eleven years at Northwestern University School of Law. While at Boston University, he was named a William Fairfield Warren Distinguished Professor in 2022 – the highest faculty honor within the university. He has authored or co-authored nine editions of a textbook on administrative law, a textbook on constitutional law, five university press books, one popular press book, and more than one hundred scholarly articles on topics ranging from aspects of constitutional theory and history to the proof of legal propositions. His works have been cited in more than twenty opinions of United States Supreme Court justices. He is a founding member, and serves on the Board of Directors, of the Federalist Society for Law and Public Policy Studies and is on the Editorial Advisory Board of the Heritage Guide to the Constitution.
University of Texas at Austin, Departments of Government and Philosophy
Professor, Gonzaga University School of Law
Law clerk for Justice Stephen Bistline, Idaho Supreme Court, 1979-80; in private practice with Lukins & Annis, P.S., Spokane, (1980-84); assistant professor, Oklahoma City University (1984-87); Senior Fellow, Discovery Institute, Seattle, Washington.
University of Washington School of Law
Professor Jay has taught at the UW law school since 1980. Prior to coming to Washington he taught at the University of North Carolina for two years. Before entering teaching, Professor Jay clerked for two years, first with the U.S. District Court for the District of Columbia and then for U.S. Supreme Court Justice Warren E. Burger. His teaching and research interests include constitutional law and constitutional history. Professor Jay is the author of Most Humble Servants: The Advisory Role of Early Judges (Yale 1997). He has worked extensively to assure the reproductive rights of women, particularly access to safe and legal abortions. During 1984-85 he was a visiting professor at Georgetown University Law Center.
Washington State Supreme Court
Richard B. Sanders was elected to the Washington Supreme Court in 1995. During his 26 years of legal practice prior to becoming a Justice of the Supreme Court, Justice Sanders litigated more than 100 appeals (no fewer than 60 of which resulted in published opinions). Since coming to the Supreme Court he has become one of its most prolific authors and is recognized nationally for his published opinions and other writings. See www.JusticeSanders.com.
As a private practitioner he championed the civil rights of his clients and as a Justice he regards protecting our constitutionally guaranteed liberties as the first duty of our highest court. Justice Sanders believes the court must protect all the legal rights of all the citizens who come before it all the time. "We have no second class citizens," he adds. His special interest is the Washington State Constitution, and he often quotes his favorite passage: "[G]overnments . . . are established to protect and maintain individual rights." Const. art. I, § 1.
Justice Sanders is a native of Tacoma and spent the best years of his childhood there. He moved to Seattle where he graduated from Highline High School. While at Highline High he was elected president of the school's debate club, and he earned the rank of Eagle Scout. Justice Sanders received his Bachelor of Arts degree from the University of Washington after participating in the political science honors program and playing[1] in the Rose Bowl. He thereafter earned his J.D. in 1969 from the University of Washington School of Law. During his years at the University, Justice Sanders wrote "The Devil's Advocate," a weekly column of opinion in The Daily, the student newspaper.
Since taking his seat on the Supreme Court, Justice Sanders has served as an adjunct professor teaching appellate advocacy at the UW School of Law; has written articles for professional journals and texts; and has presented lectures to local, state, and national organizations on diverse topics including civil liberties, land use, the Washington State Constitution, legal ethics, and Abraham Lincoln, among others.
Justice Sanders enjoys inviting students and community groups to tour the Temple of Justice to visit with him. He is the father of Laura Sanders, a 2009 summa cum laude graduate of the University of San Francisco. Laura is enthusiastic in all her endeavors and is the light of her daddy's life.
Senior Counsel, Schaerr Jaffe LLP
Ken Klukowski is senior counsel at the law firm Schaerr Jaffe, focusing on constitutional, administrative, and election law, and the federal courts. He has served in politically appointed positions in the U.S. government, including senior counsel in the Civil Division of the U.S. Department of Justice, and prior to that in the White House as special counsel in the Office of Management and Budget. He was also the constitutional rights advisor on the Presidential Transition Team of President Donald J. Trump. In the private sector, he has worked as a senior fellow of the American Constitutional Rights Union, senior counsel at First Liberty Institute, and a legal journalist. He litigates constitutional cases in the U.S. Supreme Court and lower federal courts, and contributes to media coverage of the nation’s highest court and legal issues. Earlier in his career, Klukowski served as special deputy attorney general of Indiana, and worked on faculty at Liberty University School of Law. His academic works have been published by journals such as the Federalist Society’s Harvard Journal of Law & Public Policy, and his columns have appeared in the Wall Street Journal and other national publications. His amicus briefs and nine law review articles have been cited by various federal courts and top legal journals. He has participated in numerous Supreme Court cases, and lectured and debated at 100 law school events nationwide. Klukowski received his bachelor’s degree from the University of Notre Dame, studied history at Arizona State University, earned his law degree from Scalia Law School at George Mason University, and served as a law clerk to Chief Judge Alice Batchelder on the U.S. Court of Appeals for the Sixth Circuit.
Senior Counsel & Director of the Center for Religious Schools, Alliance Defending Freedom
Gregory S. Baylor serves as senior counsel with Alliance Defending Freedom, where he is the director of the Center for Religious Schools and senior counsel with the Center for Public Policy.
Since joining ADF in 2009, Baylor has focused on defending and advancing the religious freedom of faith-based educational institutions through advice, education, legislative and public advocacy, and representation in disputes. He has testified about religious liberty issues three times before congressional committees and numerous times before state legislative committees.
Greg serves on the board of directors of the International Alliance for Christian Education, the board of directors of the Association for Biblical Higher Education, the board of directors of the Association for Christian Schools International, the board of advisors of the Museum of the Bible, and advisory board of the Center for Academic Faithfulness and Flourishing.
Greg earned his Juris Doctor in 1990 from Duke University School of Law, where he graduated Order of the Coif, with high honors, and served on the editorial board of the Duke Law Journal. He received his bachelor’s degree in Honors English in 1987 from Dartmouth College. Following graduation from law school, he served as law clerk to the Hon. Jerry E. Smith on the U.S. Court of Appeals for the Fifth Circuit. He practiced labor and employment law at two large international law firms for three years before joining the staff of Christian Legal Society’s Center for Law and Religious Freedom, where he served for 15 years prior to joining ADF. He lives in Northern Virginia with his wife (a medical doctor) and two daughters.
Professor of Law, Catholic University of America
Robert Destro served as Assistant Secretary for the Bureau of Democracy, Human Rights, and Labor (DRL). He has a long history as a human rights advocate and civil rights attorney with expertise in elections, employment, and constitutional law. Destro has served on the faculty at Catholic University’s Columbus School of Law since 1982 and served as its interim dean from 1999 to 2001. He was founding director of the Interdisciplinary Program in Law and Religion and served as the Director of the Institute for Policy Research and Catholic Studies from June 2017 to September 2019. He served as a commissioner on the U.S. Commission on Civil Rights from 1983-1989. His legal work includes collaboration with the Peace Research Institute Oslo in a fifteen-year dialogue among Muslim, Christian, and Jewish leaders in the legal, business, and religious fields in the United States and the Middle East as well as efforts promoting the release of political prisoners and prisoners of conscience in the Middle East. He has served as voting rights counsel for the Ohio Secretary of State and has advocated for the first amendment rights of individuals and organizations.
He earned a B.A. from Miami University, Ohio, and a J.D. from the University of California at Berkeley. He is an active member of the Bar in Ohio and California.
The rest of his bio including his publications are available on the Catholic University Faculty page linked here.
President, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty, Catholic University; Visiting Professor, Harvard Law School
Mark joined the Becket team in 2011 and splits his time as Associate Professor at The Catholic University of America, Columbus School of Law, and as Visiting Professor at Harvard Law School. Mark teaches constitutional law, religious liberty, torts, and evidence. He has been voted Teacher of the Year three years in a row by the Law School’s Student Bar Association.
Mark has broad experience litigating First Amendment religious exercise and free speech cases. He has represented the winning parties in a variety of Supreme Court First Amendment cases including Hobby Lobby, Little Sisters, Wheaton College, and Holt. In January 2014, Mark argued before the Supreme Court in McCullen v. Coakley, a First Amendment challenge to a Massachusetts speech restriction outside of abortion clinics. The Justices ruled in favor of his clients 9-0. Mark also led a successful eight-year litigation battle against Governor Blagojevich’s effort to force religious pharmacists to distribute the morning-after and week-after pills.
Mark’s academic writing focuses on the First and Fourteenth Amendments, and has appeared in a variety of prestigious journals, including the Harvard Law Review.
Mark is a widely sought after speaker on constitutional issues, particularly concerning abortion and the First Amendment. Professor Rienzi has been invited to discuss these issues at Harvard Law School, Columbia University Law School, Georgetown University Law Center, Boston College Law School, Notre Dame Law School, the National Press Club, and the Capitol. He has been quoted on constitutional law issues on NPR, in the Washington Times, The New York Daily News, and the Chicago Sun-Times. Mark has also been featured on the Kelly File, Fox News Sunday, Your World with Neil Cavuto, Geraldo at Large, CNN Tonight, CNN Live, Andrea Mitchell Reports, and Wall Street Journal Live.
Prior to joining Becket, Mark served as counsel for the litigation department and the intellectual property litigation practice group of WilmerHale LLP. His practice focused on complex civil and appellate litigation with a particular emphasis on intellectual property and First Amendment issues. Prior to joining WilmerHale, he served as law clerk to the Hon. Stephen F. Williams, senior circuit judge for the U.S. Court of Appeals for the D.C. Circuit. Prior to that, Mark was an editor of the Harvard Law Review, and earned his J.D. from Harvard Law School and B.A. from Princeton University, both with honors.
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.
Foundation for Research on Economics & the Environment