2009 Annual Supreme Court Round Up
Washington, DC Lawyers Chapter
The Capital Hilton1001 16th Street, NW
Washington, DC 20036
Here are the latest events.
Partner, Gibson Dunn & Crutcher
Douglas R. Cox is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and Vice-Chair of the firm's Crisis Management Practice Group. He practices in the areas of constitutional and general commercial litigation, appellate law, and governmental matters.
Mr. Cox has represented numerous clients in litigation before federal and state trial and appellate courts. He played a principal role in the firm's successful representation of the prevailing candidate before the Supreme Court of the United States in Bush v. Palm Beach County Canvassing Board and Bush v. Gore, stemming from the 2000 presidential election, and in other cases before the Supreme Court involving equal protection, voting rights and election law, the scope of the jury trial right under the Seventh Amendment, and other constitutional and statutory issues.
Mr. Cox successfully represented the National Association of Securities Dealers ("NASD") in a series of trial and appellate matters, including DL Capital Group, LLC v. Nasdaq Stock Market, Inc., 409 F.3d 93 (2d Cir. 2005) and Sparta Surgical Corp. v. NASD, 159 F.3d 1209 (9th Cir. 1998).
Mr. Cox frequently represents accounting firms in a variety of matters, including matters involving the SEC and PCAOB. He also has substantial experience representing clients before congressional investigating committees.
Mr. Cox previously served for five years during the Reagan and Bush Administrations in the Justice Department's Office of Legal Counsel, becoming Principal Deputy Assistant Attorney General during the Bush Administration. In that Office, he provided legal advice to Executive Branch departments; resolved legal disputes on behalf of the Attorney General between Executive Branch departments; prepared formal opinions of the Attorney General; drafted and issued opinions on legal issues of importance to the Executive Branch; and advised Congress as to the constitutionality of pending legislation.
From 1981 through 1987, Mr. Cox practiced in New York City with a national firm, representing major corporations in state and federal courts. His practice focused on intellectual property, securities, and international tax litigation.
Mr. Cox received his law degree, cum laude, from Harvard Law School in 1980, where he served as Editor-in-Chief of the Harvard Journal of Law and Public Policy from 1979-1980. He received his undergraduate degree in history, magna cum laude, from Princeton University in 1977. He attended Oxford University on a Knox Scholarship in 1980-1981.
In 2005, Chief Justice Rehnquist appointed Mr. Cox to serve as a member of the Judicial Conference Standing Committee on Rules of Practice and Procedure. In 2008 he was reappointed by Chief Justice Roberts.
Partner, Gibson Dunn & Crutcher LLP
Theodore B. Olson is a Partner in Gibson, Dunn & Crutcher’s Washington, D.C. office; a founder of the Firm’s Crisis Management, Sports Law, and Appellate and Constitutional Law Practice Groups.
Mr. Olson was Solicitor General of the United States during the period 2001-2004. From 1981-1984, he was Assistant Attorney General in charge of the Office of Legal Counsel in the U.S. Department of Justice. Except for those two intervals, he has been a lawyer with Gibson, Dunn & Crutcher in Los Angeles and Washington, D.C. since 1965.
Selected by Time magazine in 2010 as one of the 100 most influential people in the world, Mr. Olson is one of the nation’s premier appellate and United States Supreme Court advocates. He has argued 65 cases in the Supreme Court and has prevailed in over 75% of those cases. These include the two Bush v Gore cases arising out of the 2000 presidential election; Citizens United v Federal Election Commission; Hollingsworth v Perry, the case affirming the overturning of California’s Proposition 8, banning same-sex marriages; Murphy v NCAA, overturning a federal law prohibiting states from authorizing sports betting; and U.S. Dept. of Homeland Security v Regents of the Univ. of Calif., challenging the Trump Administration’s rescission of the Deferred Action for Childhood Arrivals (“DACA”). Mr. Olson’s practice is concentrated on appellate and constitutional law, federal legislation, media and commercial disputes, and assisting clients with strategies for the containment, management and resolution of major legal crises. He has handled cases at all levels of state and federal court systems throughout the United States. Mr. Olson co-authored “Redeeming the Dream, the Case for Marriage Equality” with David Boies. Both were featured in HBO’s award-winning documentary, “The Case Against 8.”
Mr. Olson's Supreme Court arguments have included cases involving separation of powers; federalism; voting rights; the Tenth Amendment; the First Amendment; the Equal Protection and Due Process Clauses; jury trial rights; punitive damages; takings of property; the Commerce Clause; administrative law; taxation; criminal law; sports wagering; copyright, patent and antitrust; securities; campaign finance; foreign sovereign immunities; telecommunications; the environment; the internet; the Supremacy Clause; and other federal constitutional and statutory questions. As Solicitor General, during the presidency of George W. Bush, Mr. Olson was the Government's principal advocate in the United States Supreme Court, responsible for supervising and coordinating all appellate litigation of the United States, and a legal adviser to the President and the Attorney General. As Assistant Attorney General for the Office of Legal Counsel during the Reagan Administration, Mr. Olson was the Executive Branch's principal legal adviser, rendering legal guidance to the President and to the heads of the Executive Branch departments on a wide range of constitutional and federal statutory questions, and assisting in formulating and articulating the Executive Branch's position on constitutional issues.
Mr. Olson has served as private counsel to two Presidents, Ronald W. Reagan and George W. Bush, in addition to serving those two Presidents in high-level positions in the Department of Justice. He has twice been awarded the United States Department of Justice's Edmund J. Randolph Award, its highest award for public service and leadership, and also received the Department of Defense's Distinguished Public Service Award, its highest civilian award, for his advocacy in the courts of the United States, including the Supreme Court. He also received the American Bar Association Medal, its highest award for “exceptionally distinguished service by a lawyer or lawyers to the cause of American jurisprudence.” Mr. Olson is to receive the 2021 Jack Valenti Friend of the White House Fellows Award in the Fall of 2021 to be presented by the White House Fellows Foundation and Association.
Mr. Olson is a member of the Commission on White House Fellowships; a member of the Board of Trustees of the Ronald Reagan Presidential Foundation; a member of the Board of Visitors of the Federalist Society; the Board of Directors of the Knight First Amendment Institute at Columbia University; and the 9/11 Pentagon Memorial Foundation. He was a visiting scholar at the National Constitution Center in 2007. He served on the President's Privacy and Civil Liberties Oversight Board from 2006 to 2008; and of the Council of the Administrative Conference of the United States from 2010 to 2020. He was Co-Chair of the Knight Commission on the Information Needs of Communities in a Democracy from 2008-2009, and served two terms on the Board of Directors of the National Center for State Courts.
Mr. Olson is a Fellow of both the American College of Trial Lawyers and the American Academy of Appellate Lawyers. He has been repeatedly listed in legal publications as one of the nation’s leading appellate lawyers. The late New York Times columnist William Safire described Mr. Olson as his generation's "most persuasive advocate" before the Supreme Court and "the most effective Solicitor General in decades.”
Mr. Olson received his law degree in 1965 from the University of California at Berkeley (Boalt Hall) where he was a member of the California Law Review and Order of the Coif. He received his bachelor's degree from the University of the Pacific, where he was recognized as the outstanding graduating student in both forensics and journalism. He has written and lectured extensively on appellate advocacy, oral communication in the courtroom, civil justice reform, and constitutional and administrative law.
United States District Court, Southern District of Texas
Prior to joining TXSE, Jeff served as acting general counsel of Charles Schwab and led its Office of Legislative and Regulatory Affairs in Washington, D.C. for the past two decades, managing the company's response to public policy initiatives and advocating for policies that aid individual investors. He has over four decades of securities markets experience, starting his career as an options trader at the Philadelphia Stock Exchange, then founding his own trading firm, and later serving on the exchange's Board of Governors. He also served as senior counsel in the Division of Market Regulation at the U.S. Securities and Exchange Commission. Jeff's additional experience in the securities industry includes serving as vice president for regulation and general counsel at the Cincinnati Stock Exchange and as chairman of the Operating Committee of the National Market System Plan governing Nasdaq securities. Jeff holds degrees from the Wharton School of the University of Pennsylvania and Ohio Northern School of Law.
Judge, United States Court of Appeals, Fifth Circuit
Edith Jones graduated from Alamo Heights High School, where she was a National Merit Scholar. In 1971, she received her B.A. in Economics from Cornell University, graduating with honors. In 1974, she was awarded her J.D. at the University of Texas Law School, where she was a law review editor and received the Order of the Coif.
Judge Jones was the first female partner at Andrews, Kurth, Campbell & Jones (now Hunton Andrews Kurth) where she practiced various types of litigation and bankruptcy cases. Judge Jones went on the federal bench on June 1, 1985.
Judge Jones served as a former member of the National Bankruptcy Review Commission, and as a member of the Judicial Conference Commission on Bankruptcy Rules. Judge Jones served on the White House Fellows Commission. Judge Jones served on the board of the Sam Houston Area Council of the Boy Scouts of America. She has been a member of the Garland Walker Inn of Court in Houston for more than 20 years and its President for at least ten years. Judge Jones is also on the Board of the Calvin Coolidge Presidential Foundation.
Partner, Baker Botts L.L.P.
Thomas R. Phillips, retired Chief Justice of the Supreme Court of Texas, joined the Austin office of Baker Botts in September 2005, after nearly a quarter-century of judicial service.
After graduating from law school, Mr. Phillips clerked for Justice Ruel C. Walker of the Supreme Court of Texas and practiced law in the trial department of the Houston office of Baker Botts. From 1981 to 1988, he served as judge of the 280th District Court in Harris County, Texas, and from 1988 to 2004, he was chief justice. Initially appointed to both judicial offices by Governor William P. Clements, he was elected without opposition to the district bench in 1982 and 1986 and elected in contested races to the Supreme Court in 1988, 1990, 1996 and 2002.
Assistant Professor of Law, Emory University School of Law
Alexander "Sasha" Volokh is an assistant professor of law, joining the Emory Law faculty in Fall 2009.
Professor Volokh earned his B.S. from UCLA and his J.D. and Ph.D. in economics from Harvard University. He clerked for Judge Alex Kozinski of the Ninth Circuit and for Supreme Court Justices Sandra Day O'Connor and Samuel Alito. Before coming to Emory, he was a visiting associate professor at Georgetown University Law Center and a visiting assistant professor at University of Houston Law Center.
His interests include law and economics, administrative law and the regulatory process, environmental law and policy, and legal history. His current research topics include the private management of government services, medieval law, judicial decisionmaking and statutory interpretation.
Partner, Gibson Dunn & Crutcher LLP
Daniel M. Kolkey is a partner in the San Francisco office of Gibson, Dunn & Crutcher. A member of the Litigation Department, he is co-chair of the Appellate and Constitutional Law Practice Group. Mr. Kolkey returned to the firm in November 2003 after five years as an Associate Justice on the California Court of Appeal, Third Appellate District, in Sacramento.
Recognized in 2005 and 2007 by California Lawyermagazine as an Attorney of the Year in the fields of Government/Public Policy and Appellate law, respectively, and ranked in the first tier for California Appellate Litigation by Chambers USA in 2010, 2011, 2012, and 2013, Mr. Kolkey's practice focuses on appellate litigation. He has also advised four different governors on legal issues, and served as Governor Pete Wilson’s and Governor Arnold Schwarzenegger's lead negotiator for tribal-state compacts under the Indian Gaming Regulatory Act. He was named in 2004, 2005, and 2006 by the Daily Journal as one of the top 100 attorneys in California. And in May 2010, he was appointed by the California Chief Justice to the California Judicial Council’s Appellate Advisory Committee for a three-year term.
Prior to being appointed as an Associate Justice on the California Court of Appeal, Mr. Kolkey served as Legal Affairs Secretary and counsel to Governor Pete Wilson for four years. As such, he was responsible for all of the legal advice within the Governor's Office; approving all state agency appeals; supervising and directing litigation strategy with respect to lawsuits brought against the Governor in his official capacity; drafting the Governor's civil justice reform legislation; and negotiating tribal-state compacts under the Indian Gaming Regulatory Act.
Before serving Governor Wilson, Mr. Kolkey was a partner at Gibson Dunn, where he handled litigation at both the trial and appellate levels, including commercial disputes, political law litigation, and international arbitration.
As a litigator (before and after his government service from 1995 to 2003), Mr. Kolkey has handled class and shareholder actions; construction, real estate, employment, and contract disputes; unfair competition litigation; and political law litigation, including ballot litigation, Voting Rights Act claims, and redistricting matters.
Chairman, Committee to Reduce Infection Deaths
Betsy McCaughey is a patient advocate and former Lt. Governor of New York State. In 2004, she founded and is now Chairman of the Committee to Reduce Infection Deaths (also known as RID), a nationwide educational campaign to stop hospital-acquired infections. RID has made hospital infections a major public issue. It has provided compelling evidence that preventing infection improves hospital profitability as well as saving lives, and RID has won legislation in 34 states and Washington, D.C. for public reporting of infection rates. RID has become synonymous with patient safety and clean hospital care.
Betsy McCaughey’s research on how to prevent infection deaths has been featured on Good Morning America, the CBS Morning Show, ABC’s 20/20, and many other national programs.
Betsy McCaughey is the author of more than one hundred scholarly and popular articles on health policy, infection, medical innovation, the economics of aging, and Medicare. Her writings have appeared in The New York Times, The Wall Street Journal, New Republic, Policy Review, Forbes Magazine, New York Law Journal, Los Angeles Times, U.S. News & World Report, and many other national publications. Her 1994 analysis of the dangers of the Clinton health plan in The New Republic won a National Magazine Award for the best article in the nation on public policy. She has been profiled in The New Yorker, The New York Times Magazine, New York Magazine, The Washington Post, and other publications.
Prior to entering the health policy field, Betsy McCaughey earned a Ph.D. in constitutional history from Columbia University. She is the author of two books on that subject. She has taught at Vassar College and Columbia University, and she produced prize-winning studies while at two think tanks, the Manhattan Institute and later the Hudson Institute.
From 1995 to 1998, she served as Lt. Governor of New York State. She focused on health issues, and her bills became models for legislation in many states and in Congress.
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.
Chief Justice, Florida Supreme Court
Justice Charles Canady was born in Lakeland, Florida, in 1954. He is married to Jennifer Houghton, and they have two children. He received his B.A. from Haverford College in 1976 and his J.D. from the Yale Law School in 1979.
Justice Canady practiced law with the firm of Holland and Knight in Lakeland from 1979 through 1982. He practiced with the firm of Lane, Trohn, et al., from 1983 through 1992.
From November 1984 to November 1990, Justice Canady served three terms in the Florida House of Representatives, and from January 1993 to January 2001, he served four terms in the United States House of Representatives. Throughout his service in Congress, Justice Canady was a member of the House Judiciary Committee. For three terms, from January 1995 to January 2001, Justice Canady was the Chairman of the House Judiciary Subcommittee on the Constitution.
Upon leaving Congress, Justice Canady became General Counsel to Governor Jeb Bush. He was appointed by Governor Bush to the Second District Court of Appeal for a term beginning November 20, 2002.
On August 28, 2008, Justice Canady was appointed to the Florida Supreme Court by Governor Charlie Crist and took office on September 8, 2008. He served as Chief Justice from July 2010 through June 2012. In March 2018, he was elected by his colleagues to serve as Chief Justice for a second time, with his two-year term starting July 1, 2018, and a third time starting July 1, 2020.
Justice, Florida Supreme Court
Ricky Polston is a justice on the Florida Supreme Court. He was appointed to the court on October 2, 2008, by Governor Charlie Crist. Polston was retained by voters on November 2, 2010, and again on November 8, 2016. His current term expires in 2023.
From 2012 to 2014, Polston served as the chief justice of the court.