Trump's Legal Shield: Is Presidential Immunity a Blank Check?
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Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Judge, United States Court of Appeals, Sixth Circuit
Judge Readler earned his undergraduate and law degrees from the University of Michigan. After graduating, he served as a law clerk to Judge Alan Norris of the United States Court of Appeals for the Sixth Circuit. Judge Readler then began practicing law in the Columbus office of the international law firm Jones Day, eventually spending ten years as a partner in the firm’s Issues and Appeals Practice Group. While at Jones Day, Judge Readler appeared in state and federal trial and appellate courts around the country, most frequently the Supreme Court of Ohio and the Sixth Circuit. Judge Readler also successfully argued before the United States Supreme Court in McQuiggin v. Perkins on behalf of an inmate claiming actual innocence. His other pro bono representations include representing capital defendants before the Tenth Circuit and the Supreme Court of Ohio, as well as representing defendants sentenced to life in prison before the Sixth Circuit. While at Jones Day, Judge Readler traveled to Nairobi with Lawyers Without Borders to train Kenyan lawyers in prosecuting domestic violence cases, and he was also a recipient of the American Marshall Memorial Fellowship awarded by the German Marshall Fund of the United States. Following his career in private practice, Judge Readler served as Acting Assistant Attorney General for the Civil Division of the United States Department of Justice from 2017 to 2019. In that role, Judge Readler led and supervised over 1,000 lawyers in the Department’s largest litigating division, briefing and arguing several cases on behalf of the United States in federal courts across the country, including high-profile cases significant to the Administration and the Department. In March 2019, Judge Readler was confirmed to serve as a Circuit Judge on the Sixth Circuit. He resides in Columbus.
Clayton J. and Henry R. Barber Professor of Law, Northwestern University Pritzker School of Law and Co-Chairman, Board of Directors, The Federalist Society
STEVEN GOW CALABRESI is the Clayton J. & Henry R. Barber Professor at Northwestern Pritzker School of Law. He has also co-taught in the Fall semester at Yale Law School from 2013 to the present. Calabresi clerked for Justice Antonin Scalia and Judges Robert H. Bork and Ralph K. Winter. He was a Special Assistant to Attorney General Meese from 1985 to 1987 and worked with Ken Cribb as his deputy in 1987 on the second floor of the West Wing of the Reagan White House. Calabresi has written books on presidential power and comparative constitutional law and the origins of judicial review. He and Gary Lawson are the co-editors of a casebook on U.S. Constitutional Law, and Calabresi is also the co-editor of a casebook on comparative constitutional law. He has written over seventy law review articles since 1990.
Distinguished University Chair and Professor of Law, University of St. Thomas School of Law
Michael Stokes Paulsen is Distinguished University Chair & Professor of Law at the University of St. Thomas, where he has taught since 2007. Professor Paulsen was previously the McKnight Presidential Professor of Law & Public Policy and Associate Dean at the University of Minnesota Law School, where he taught from 1991-2007. He is a graduate of Northwestern University, Yale Law School, and Yale Divinity School. He has served as a federal prosecutor, as Attorney-Advisor in the Office of Legal Counsel of the U.S. Department of Justice, and as counsel for the Center for Law & Religious Freedom.
Paulsen has taught as a visiting professor at Princeton University, Pepperdine University, Georgetown University, Bethel University, Uppsala University (Sweden), Daystar University (Kenya), and University of the Andes (Chile). He has been a guest lecturer at universities around the nation, including Harvard, Yale, Columbia, Princeton, Penn, NYU, Georgetown, Virginia, Stanford, Berkeley, Michigan, University of Chicago, and Northwestern.
Professor Paulsen is the author of more than ninety scholarly articles and book chapters on a wide variety of constitutional law topics, published in law journals including the Harvard Law Review, the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the Michigan Law Review, the Georgetown Law Journal, and the Northwestern University Law Review. He is the author or co-author of three books, including The Constitution: An Introduction (Basic Books, 2015) (co-authored with Luke Paulsen) and the casebook The Constitution of the United States, now in its fifth edition with Foundation Press, co-authored with Michael McConnell, Samuel Bray, and Will Baude.
William Rand Kenan Jr. Professor of Law Emeritus, UNC School of Law
John V. Orth joined the Carolina Law faculty in 1978 and serves as the William Rand Kenan, Jr. Professor of Law. He teaches first-year Property, Trusts & Estates, and Legal History. Orth is the author of six books, three of them published by Oxford University Press, and ninety articles and book chapters. His writings cover a wide array of topics including labor law, constitutional law (both federal and state), legal history, wills and trusts, and basic property law. His works have been cited by federal and state courts, including the United States Supreme Court and the North Carolina Supreme Court. He has extensive contacts with Australian law professors and has published several articles comparing American and Australian law.
Orth has a law degree from the Harvard Law School and a Ph.D. in history from Harvard University. After completing his studies, he clerked for Judge John Gibbons of the U.S. Court of Appeals for the 3d Circuit. While teaching, he has maintained contact with the practice of law by consulting on questions concerning property, constitutional law, and wills and trusts.
Director of the Center for Judicial Engagement, Institute for Justice
Anthony Sanders is the Director of the Center for Judicial Engagement (CJE) at the Institute for Justice and a senior attorney. He joined IJ in 2010. As CJE’s director, he educates the public about the proper role of judges in enforcing constitutional limits on the size and scope of government. As a senior attorney he litigates cutting-edge constitutional cases protecting economic liberty, private property, freedom of speech and other individual liberties in both federal and state courts across the country.
One area of Anthony’s expertise is on using state constitutions to protect individual rights. He is the author of the book, published by University of Michigan Press, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters. He has also written several law review articles on state constitutional law, unenumerated rights, judicial review, economic liberty, property rights, international law, and other subjects. His work has appeared in publications such as the Iowa Law Review, Minnesota Law Review, American University Law Review, and Rutgers Law Review, and he has published opinion pieces in leading media outlets across the country. Further, he frequently speaks to various audiences on these matters and others, including judicial engagement, free speech, civil forfeiture, and the continuing importance of Magna Carta. Additionally, he hosts the weekly Short Circuit podcast, which often records live in front of law student audiences.
Anthony has litigated several cases in various state courts on state constitutional protections, as well as in federal courts on matters such as economic liberty, free speech, administrative law, and fines and fees abuse. Prior to joining IJ, Anthony served as a law clerk to Justice W. William Leaphart on the Montana Supreme Court. Anthony also worked for several years in private practice in Chicago where he was an active member of the Chicago Bar Association and chaired its Civil Rights Committee.
Anthony received his law degree cum laude from the University of Minnesota Law School in 2004, where he served as an articles submission editor for the Minnesota Law Review. He received his undergraduate degree from Hamline University in St. Paul, Minnesota, and his master’s degree from the University of Wisconsin-Madison. A dual U.S. and U.K. citizen, Anthony grew up on the islands of Vashon in Washington State, and Alderney in the British Channel Islands.
Senior Attorney, National Taxpayers Union Foundation
Tyler Martinez is a Senior Attorney at the Taxpayer Defense Center, the strategic litigation arm of National Taxpayers Union Foundation. He has experience setting up nonprofit public interest arms for multiple organizations in the Washington, DC area and thus has experience in First Amendment, Tax, and Administrative Law. He has practiced strategic litigation against government overreach since 2011, handling federal and state cases across the country.
Tyler’s interest in strategic public interest work and in tax law comes down to the simple principle: getting the government out of people’s business. Transparency is for the government, but privacy is for the people. He finds and focuses on examples of government overreach particularly those involving use of private information, dragnet data collection, and other attacks on privacy of association.
Tyler earned his Juris Doctor from the University of Colorado Law School, while winning accolades for his advocacy skills and serving as Executive Editor of the Journal on Telecommunications and High Technology Law. He is licensed to practice law in Colorado and the District of Columbia. He is further admitted to the bars of the following federal courts: Supreme Court of the United States, D.C. Circuit, First Circuit, Second Circuit, Third Circuit, Fourth Circuit, Fifth Circuit, Eighth Circuit, Tenth Circuit, and various federal district courts across the country.
Solicitor General, Montana Attorney General's Office
Christian is currently Solicitor General of Montana, where he serves as the chief litigator and principal legal advisor to Montana Attorney General Austin Knudsen. In that capacity, he manages litigation before the federal district courts, courts of appeal, and the United States Supreme Court, as well as the Montana Supreme Court. He previously served in the Trump Administration as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education. Prior to government service, he was a public interest constitutional litigator at Mountain States Legal Foundation and a fellow at the Institute for Justice. He clerked for Justice Caleb Stegall on the Kansas Supreme Court. He also served as Director of Publications for the Federalist Society's national headquarters.
Christian earned his B.A. in Political Science in 2009 from the University of Pennsylvania before attending the University of Kansas School of Law. Christian is admitted to practice law in Kansas and Montana. A Kansas native, he is a die-hard fan of the Kansas Jayhawks, Kansas City Chiefs, and Kansas City Royals.
Christian is a member of the Federalism & Separation of Powers Practice Group's Executive Committee.
Solicitor General, Iowa Office of the Attorney General
Eric Wessan serves as Iowa’s Solicitor General in the Iowa Attorney General’s Office. In that
role, Wessan leads Iowa’s litigation before State and federal appellate courts, including the Iowa
and U.S. Supreme Courts. Before that role, Wessan worked on complex commercial litigation at
two large law firms in Chicago. Wessan also served as a law clerk for the Honorable James C.
Ho on the U.S. Court of Appeals for the Fifth Circuit and for the Honorable John F. Kness on the
U.S. District Court for the Northern District of Illinois. Wessan is a graduate of the University of
Chicago Law School, with honors, and of the University of Chicago.
Chief Judge, United States Court of Appeals, Eleventh Circuit
William H. Pryor Jr. serves as Chief Circuit Judge on the United States Court of Appeals for the Eleventh Circuit.
In 2013–18, he served on the United States Sentencing Commission and, in 2017–18, served as Acting Chair.
He has taught as a visiting professor at the University of Alabama School of Law and previously taught as an adjunct professor at the Cumberland School of Law of Samford University.
He served as the 45th Attorney General of Alabama from 1997 to 2004. When he took office, he was the youngest attorney general in the nation. In his reelection, he received the highest percentage of votes of any statewide candidate.
He graduated magna cum laude from Tulane Law School where he finished first in the common-law curriculum and was editor in chief of the Tulane Law Review. He then served as a law clerk for Judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit.
He is a member of The American Law Institute and an Adviser for the RESTATEMENT OF THE LAW THIRD, CONFLICT OF LAWS. He is a coauthor with Bryan Garner, Justices Gorsuch and Kavanaugh, and several other judges of a treatise, THE LAW OF JUDICIAL PRECEDENT. He has published in the Yale Law Journal, Columbia Law Review, Virginia Law Review, Notre Dame Law Review, Harvard Journal of Law & Public Policy, Yale Law & Policy Review, George Mason Law Review, Florida Law Review, Alabama Law Review, Case Western Reserve Law Review, and Tulane Law Review. He has published op-eds in The Wall Street Journal, The New York Times, National Review, and USA Today. He has debated at National Lawyers’ Conventions of the Federalist Society (including on National Public Radio) and at the Oxford Union in the United Kingdom. And he is listed among several “widely admired judicial writers” in Bryan Garner’s The Redbook: A Manual on Legal Style.
He is a member of the Tulane Law School Hall of Fame and has received the Defender of the Constitution Award from the Heritage Foundation, the Jurist of the Year Award from the Texas Review of Law & Politics, and the St. Thomas More Award from the St. Thomas More Society of Atlanta. Judge Pryor is also a proud member of the National Society of the Sons of the American Revolution.
Solicitor General, Montana Attorney General's Office
Christian is currently Solicitor General of Montana, where he serves as the chief litigator and principal legal advisor to Montana Attorney General Austin Knudsen. In that capacity, he manages litigation before the federal district courts, courts of appeal, and the United States Supreme Court, as well as the Montana Supreme Court. He previously served in the Trump Administration as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education. Prior to government service, he was a public interest constitutional litigator at Mountain States Legal Foundation and a fellow at the Institute for Justice. He clerked for Justice Caleb Stegall on the Kansas Supreme Court. He also served as Director of Publications for the Federalist Society's national headquarters.
Christian earned his B.A. in Political Science in 2009 from the University of Pennsylvania before attending the University of Kansas School of Law. Christian is admitted to practice law in Kansas and Montana. A Kansas native, he is a die-hard fan of the Kansas Jayhawks, Kansas City Chiefs, and Kansas City Royals.
Christian is a member of the Federalism & Separation of Powers Practice Group's Executive Committee.
Commissioner, Federal Trade Commission
Andrew N. Ferguson was sworn in April 2, 2024 as a Commissioner of the Federal Trade Commission. President Joe Biden named Ferguson to a term that expires on September 25, 2030.
Ferguson most recently served as solicitor general of the Commonwealth of Virginia. Prior to that position, he served as chief counsel to U.S. Sen. Mitch McConnell of Kentucky, the Republican leader, and as a Republican counsel on the U.S. Senate Judiciary Committee. He also practiced law at several Washington, D.C. law firms. He earned his undergraduate degree and law degree from the University of Virginia. After law school, Ferguson clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.
Solicitor General, Iowa Office of the Attorney General
Eric Wessan serves as Iowa’s Solicitor General in the Iowa Attorney General’s Office. In that
role, Wessan leads Iowa’s litigation before State and federal appellate courts, including the Iowa
and U.S. Supreme Courts. Before that role, Wessan worked on complex commercial litigation at
two large law firms in Chicago. Wessan also served as a law clerk for the Honorable James C.
Ho on the U.S. Court of Appeals for the Fifth Circuit and for the Honorable John F. Kness on the
U.S. District Court for the Northern District of Illinois. Wessan is a graduate of the University of
Chicago Law School, with honors, and of the University of Chicago.
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.
Judge, Florida Fifth District Court of Appeal
In April 2023, Judge Jordan E. Pratt was commissioned as a member of the Florida Fifth District Court of Appeal following his appointment by Governor Ron DeSantis.
Before joining the court, Judge Pratt worked as senior counsel at First Liberty Institute and served in various roles in state and federal government: as senior counsel in the U.S. Department of Justice, deputy general counsel in the U.S. Small Business Administration, and deputy solicitor general in the Florida Office of the Attorney General. As a deputy solicitor general, he defended significant Florida legislation and executive actions at every level of the state and federal court systems, with successful arguments before the U.S. Court of Appeals for the Eleventh Circuit, the Florida Supreme Court, and Florida’s First District Court of Appeal.
Judge Pratt graduated as a co-valedictorian of his undergraduate class at the University of Florida. He then received his J.D., magna cum laude, from the University of Florida College of Law, where he was a law review editor and president of the school’s Federalist Society and Christian Legal Society chapters. During law school, he interned for the Hon. Jeffrey S. Sutton on the U.S. Court of Appeals for the Sixth Circuit.
After his graduation from law school, Judge Pratt served as a law clerk to the Hon. Harvey E. Schlesinger on the U.S. District Court for the Middle District of Florida, Jacksonville Division. He then clerked for the Hon. Jennifer W. Elrod on the U.S. Court of Appeals for the Fifth Circuit.
Judge Pratt has held several fellowships, including an Olin–Searle Fellowship at Florida State University’s College of Law, and has published scholarship in the Tennessee Law Review, the Nebraska Law Review, and the Mississippi Law Journal. He is a member of the Federalist Society for Law & Public Policy Studies, and he has held several leadership roles in the organization, including service as president of its Tallahassee Lawyers Chapter from 2016 to 2019.
Scott K. Ginsburg Professor of Health Law & Policy, Georgetown University
David A. Hyman, M.D., J.D., is the Scott K. Ginsburg Professor of Health Law & Policy at Georgetown University. Professor Hyman focuses his research and writing on the regulation and financing of health care. He teaches or has taught health care regulation, civil procedure, insurance, medical malpractice, law & economics, professional responsibility, and tax policy.
While serving as Special Counsel to the Federal Trade Commission, Professor Hyman was principal author and project leader for the first joint report ever issued by the Federal Trade Commission and Department of Justice, “Improving Health Care: A Dose of Competition” (2004). He is also the author of Medicare Meets Mephistopheles, which was selected by the U.S. Chamber of Commerce/National Chamber Foundation as one of the top ten books of 2007, and the co-author (with Charles Silver) of Overcharged: Why Americans Pay Too Much for Health Care (2018). He has published widely in student-edited law reviews and peer-reviewed medical, health policy, law, and economics journals.
Associate Professor of Law, Emory University School of Law
Matthew B. Lawrence is associate professor of law. Lawrence researches and publishes on health care finance, administrative law, and addictions. He has written widely on these subjects with articles published or forthcoming in Columbia Law Review; Florida Law Review; Duke Law Journal; Harvard Law and Policy Review; the Journal of Law, Medicine, and Ethics; New York University Law Review; William & Mary Law Review; and Yale Law Journal, among other journals.
In addition to his teaching and scholarship, Lawrence possesses a wealth of experience in the federal government. He most recently served as a special legal advisor to the US House of Representatives Budget Committee (Majority). Previously, he worked on health care regulatory issues during the Obama and Trump Administrations as a trial attorney in the Department of Justice’s Federal Programs Branch and attorney advisor in the Office of Management and Budget’s Office of General Counsel in the Executive Office of the President. In 2016, he received an individual special commendation award for his defense of Affordable Care Act programs while serving as trial attorney in the US Department of Justice.
Before coming to Emory Law Lawrence was assistant professor of law at Pennsylvania State University (Dickinson Law), where he also held a courtesy appointment as assistant professor at Penn State College of Medicine in the Department of Surgery. He was recognized by the American Society for Law, Medicine, and Ethics as a 2017 Health Law Scholar, and is affiliate faculty at Harvard Law School’s Petrie-Flom Center for Health Law Policy, Bioethics, and Biotechnology, where he was previously a fellow.
Lawrence is a graduate of New York University School of Law and Brown University; and he served as a law clerk to the Honorable Douglas H. Ginsburg on the US Court of Appeals for the DC Circuit.