Caperton vs. A.T. Massey Coal Company
The Summit Club 1901 Sixth Avenue North, 31st FloorBirmingham, Alabama 35203
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Judge, United States Court of Appeals, Eleventh Circuit
Judge Kevin C. Newsom is a member of the United States Court of Appeals for the Eleventh Circuit. He sits in Birmingham, Alabama.
Before his appointment to the bench, Judge Newsom was the head of the appellate practice group at Bradley Arant Boult Cummings LLP and, before that, the Solicitor General of Alabama. As a practicing lawyer, Judge Newsom argued four cases in the Supreme Court of the United States, and nearly 40 more in the United States Courts of Appeals and state supreme and appellate courts.
Judge Newsom graduated summa cum laude from Samford University and magna cum laude from Harvard Law School, where he was an articles editor on the Harvard Law Review. Following law school, Judge Newsom clerked for Judge Diarmuid F. O’Scannlain of the United States Court of Appeals for the Ninth Circuit and Justice David H. Souter of the Supreme Court of the United States.
Judge Newsom teaches at Harvard Law School, Yale Law School, Stanford Law School, and the University of Chicago Law School. His published work has appeared in the Yale Law Journal and the Harvard Law Review.
Justice, Supreme Court of Alabama (Retired); Professor of Law, Belmont University College of Law?
Shareholder, Maynard Cooper & Gale
Tommy’s trial practice concentrates on complex mass tort, environmental, and product liability cases, often handling the defense of class actions or mass consolidated cases throughout the South. He has handled cases in Alabama, Virginia, California, Texas, Ohio, West Virginia, Pennsylvania, Indiana, Illinois, Tennessee, Georgia, Mississippi and the District of Columbia. Tommy is active in the American Bar Association, having served as the Association’s President in 2008-2009. His skills as a litigator have been highly recognized throughout the years, including being listed in The Best Lawyers in America© and one of Alabama’s Top Ten attorneys in Super Lawyers®. He is a Fellow of the International Academy of Trial Lawyers, the Litigation Counsel of America and the American College of Environmental Lawyers.
Former Solicitor General of Texas
Gregory Scott Coleman was an American lawyer and the first Solicitor General of Texas, serving in that capacity from 1999 to 2001.
Partner, Clement & Murphy, PLLC
Paul served as the 43rd Solicitor General of the United States from June 2005 until June 2008. Before his confirmation as Solicitor General, he served as Acting Solicitor General for nearly a year and as Principal Deputy Solicitor General for over three years.
Paul has argued over 100 cases before the United States Supreme Court, including McConnell v. FEC, Tennessee v. Lane, United States v. Booker, MGM v. Grokster, Hobby Lobby v. Burwell, Epic Systems Corp. v. Lewis, Rucho v. Common Cause, Facebook v. Duguid, and TransUnion v. Ramirez. Paul has argued more Supreme Court cases since 2000 than any lawyer in or out of government. He has also argued many important cases in the lower courts, including Walker v. Cheney, United States v. Moussaoui and NFL v. Brady.
Paul’s practice focuses on appellate matters, constitutional litigation and strategic counseling. He represents a broad array of clients in the Supreme Court and in federal and state appellate courts. Last year, for example, he successfully argued Supreme Court cases involving significant issues of energy regulation, statutory interpretation, state sovereign immunity and Article III standing, and successfully argued a trademark appeal in the Fourth Circuit, and a constitutional appeal before the en banc Eleventh Circuit.
Paul focuses on high-stakes appeals. In recent years, he successfully defended a $1.2 billion jury verdict for clients in a Tenth Circuit case, while securing the reversal of an over $2 billion jury verdict for another client in the Seventh Circuit and the approval of a nearly $1 billion dollar class action settlement in the Third Circuit. He has initiated major administrative law challenges and constitutional litigation against the federal government, such as the successful challenge to the HHS drug-pricing rule and threatened challenges that led to the withdrawal of the Treasury Department’s proposed cryptocurrency regulations. He also counsels clients on a variety of strategic legal questions, whether arising from pending legislation, government inquiries or ongoing litigation.
Paul has undertaken substantial pro bono engagements in the Supreme Court, such as twice successfully representing the defendant in Bond v. United States and successfully representing the Omaha Tribe in Nebraska v. Parker, the guardian ad litem in Adoptive Couple v. Baby Girl, the defendant in Sekhar v. United States, a high school football coach in Kennedy v. Bremerton, and the Little Sisters of the Poor. Paul’s pro bono representation also precipitated the federal government’s confession of error in United States v. Rojas.
Following law school, Paul clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. After his clerkships, he went on to serve as Chief Counsel of the U.S. Senate Subcommittee on the Constitution, Federalism and Property Rights.
Paul is a Distinguished Lecturer in Law at the Georgetown University Law Center, where he has taught in various capacities since 1998. He also serves as a Senior Fellow of the Law Center’s Supreme Court Institute. He is the Justice Joseph Story Distinguished Practitioner in Residence at the Gray Center at Scalia Law School.
Ohio, Opportunity
Matt A. Mayer is the President of Opportunity Ohio and weekly contributor on Columbus-Dayton-Cincinnati radio. In his role, he develops strategic policy positions, advises policymakers on a wide-range of issues, designs and evaluates public opinion surveys, creates educational videos and collateral material aimed at key constituencies, engages with all elements of the media, conducts fact-finding missions, and speaks to groups in America and Europe on a variety of topics. Mayer led a nine-state campaign to stop the expansion of Medicaid, and has conducted strategic policy summits for top state and national groups. Opportunity Ohio’s targeted educational videos have received more than 18.4 million views on social media in the last seven years. Mayer accurately predicted BREXIT, the election of Donald Trump, the budget deficit in Ohio in 2017-2018, the enormous enrollment in Medicaid that surpassed government estimates, Ohio’s continued mediocre private sector job market, and the Joe Biden-Kamala Harris 2020 Democratic ticket.
In 2023, Mayer spent nine months exploring an outsider run for Ohio Governor that involved speaking to thousands of Ohioans in fifty-six out of Ohio’s eighty-eight counties. Ultimately, Mayer ended the exploratory effort after not reaching internal non-financial benchmarks and determining that a major non-Establishment figure likely would run and overwhelm Mayer with his personal fortune and extensive media exposure.
Mayer has written and spoken extensively on the importance of competitive federalism in renewing the American promise. Previously, Mayer served as a monthly columnist for The Spectator USA and U.S. News & World Report, a Visiting Fellow for the American Enterprise Institute, and a Visiting Scholar for the Heritage Foundation in Washington, D.C. where he wrote extensively on national security issues. You can follow him on Twitter (@ohiomatt) and all of his op-eds can be found on his Substack page, The Patriot Mind.
Mayer has worked in public policy and politics at both the state and federal levels. He was a senior official at the U.S. Department of Homeland Security where he provided DHS leaders with policy and operational advice as the Counselor to the Deputy Secretary, including participating in crisis management activities following Hurricane Katrina. He also headed the $3.5 billion terrorism preparedness office charged with developing initiatives to transform America to meet the demands of a post-9/11 environment. Mayer engaged in bilateral counterterrorism exchanges with the United Kingdom and Israel, did briefings in The White House Situation Room and at NATO, and headed America’s largest full-scale national exercise focused on a pandemic virus attack (fifteen years before the COVID pandemic).
Mayer came to DHS from Colorado where he served as the Deputy Director for the Department of Regulatory Agencies under Colorado Governor Bill Owens. He co-developed Colorado’s Regulatory Notice system that utilizes electronic mail to notify stakeholders of all proposed regulations before those regulations become final. The Regulatory Notice system earned the Denver Business Journal’s 2003 “Innovative Product/Service Award” for making government more transparent and accountable. Mayer’s concept of restoring federalism received the runner-up prize in the 2012 Better Government Competition.
Mayer was a 2007 Lincoln Fellow with The Claremont Institute for the Study of Statesmanship and Political Philosophy and a 2006 American Marshall Memorial Fellow with the German Marshall Fund of the United States. In September 2005, The Ohio State University Alumni Association awarded Mayer the William Thompson Oxley Award for early career achievement. Mayer received the Colorado Statesman’s “Rising Star Award” for his management of a congressional campaign and as a deputy on a U.S. Senate campaign in Colorado. At the age of 29, the Denver Business Journal recognized Mayer as one of Colorado’s young leaders by naming him to its “Forty Under 40” list–one of only three recipients under the age of 30 (one of the other two was current Colorado Governor Jared Polis).
Mayer has written three books: The Founding Debate: Where Should the Power Over Our Lives Reside, Taxpayers Don’t Stand a Chance: How Battleground Ohio Loses No Matter Who Wins (and What to Do About It), and Homeland Security and Federalism: Protecting America from Outside the Beltway (with Foreword by the Honorable Edwin Meese III). He has written articles for law reviews, public policy journals, and newspapers, including the Wall Street Journal, CNN, Fox News, USA Today, and Politico; given testimony to the U.S. Congress, the Texas House and Senate, and the Ohio House and Senate; and appeared on Fox News, C-SPAN, ABC, NBC, and other major media outlets.
Mayer graduated from the University of Dayton and received his law degree from The Ohio State University College of Law.
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.