SFFA v. Harvard: What's Next for College Admissions?
Georgetown University Student Chapter
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University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
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.
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.
Attorney General, Office of the Iowa Attorney General
In November 2022, Brenna Bird was elected as Iowa Attorney General – the first Republican to hold the office since 1979.
Before taking office as Iowa Attorney General, Brenna served as a prosecutor for six years, first as the Fremont County Attorney and then since 2018 as the Guthrie County Attorney. She was elected by her fellow county attorneys to leadership roles with the Iowa County Attorney Association, and served as the Association's President.
Brenna has also engaged in the private practice of law, worked in the Iowa Governor’s Office and the U.S. House of Representatives, and taught as an adjunct professor at the University of Iowa College of Law.
Born and raised on an Iowa farm, where she was homeschooled. Brenna graduated from Drake University and went on to receive her J.D. from the University of Chicago Law School, where she served as symposium editor of the school’s law journal. In addition to her law studies, Brenna also helped entrepreneurs on Chicago’s South Side start their own businesses.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Circuit Court Judge, Waukesha County, Wisconsin
Brad Schimel grew up in the Town of Vernon and graduated Mukwonago High School. He attended UW Waukesha for 2 years and then finished his Bachelor Degree at UW Milwaukee. He began his career in the Waukesha County Courthouse as an intern in the DA's Office in 1989, and after graduating UW Law School in 1990, was hired as an Assistant DA. He served as an Assistant DA until he was elected Waukesha County District Attorney in 2006 and was twice reelected as DA. He left the courthouse in 2015 after being elected Wisconsin Attorney General. Brad and his family stayed here in Waukesha County, and he returned to the courthouse as a Circuit Court Judge presiding over Br. 6 in January, 2019.
Chair, United States Equal Employment Opportunity Commission
Vice Chair, Equal Employment Opportunity Commission
Jocelyn Samuels joined the U.S. Equal Employment Opportunity Commission (EEOC) as a Commissioner on October 14, 2020, and on July 14, 2021, was confirmed for a second term ending in 2026. Immediately prior to joining the Commission, she served as the Executive Director and Roberta A. Conroy Scholar of Law at the Williams Institute, focusing on legal strategies to attain equality for sexual and gender minorities. During the Obama administration, she served as the Director of the Office for Civil Rights at the U.S. Department of Health & Human Services and as the Acting Assistant Attorney General for Civil Rights at the U.S. Department of Justice. In these capacities, she supervised enforcement of civil rights laws through litigation, rulemaking and policy development, and public education and was an architect of numerous government policies applying federal law to remedy discrimination based on sexual orientation and gender identity. She previously served as a Vice President of the National Women’s Law Center, Labor Counsel to Senator Edward M. Kennedy, and a senior attorney at the EEOC in the Office of Legal Counsel. She received a J.D. from Columbia Law School and a B.A. from Middlebury College.
Executive Director, Committee for Justice
Ashley Baker is Executive Director of the Committee for Justice and founder of the Alliance on Antitrust coalition. Her work focuses on antitrust law, technology regulation, administrative-agency authority, the Supreme Court, and judicial nominations. She closely follows the Federal Trade Commission and the Department of Justice’s Antitrust Division, with particular attention to merger review, agency procedure, and the effects of regulation on American innovation and competitiveness. She is also founder of the Alliance on Antitrust Coalition.
Ashley has testified before the United States Senate on antitrust law. Her writing has appeared in Fox News, USA Today, The Boston Globe, The Hill, RealClearPolitics, The American Spectator, and other national publications. She also provides policy analysis through congressional testimony and correspondence, regulatory comments, and public commentary.
Ashley serves on the Federalist Society’s Regulatory Transparency Project and Antitrust and Consumer Protection Practice Group Executive Committee. She is also active in the Republican National Lawyers Association and has spoken on the Supreme Court and the federal judiciary. An authority on the judicial-confirmation process, she worked closely on the successful confirmation efforts for Justices Neil Gorsuch and Brett Kavanaugh, as well as multiple federal appellate judges.
Professor of Law, Seattle University School of Law
John B. Kirkwood is a Professor at Seattle University School of Law and a member of the American Law Institute. The Supreme Court has quoted his work and four of his articles have won national awards for pathbreaking antitrust scholarship. He has published in the Florida Law Review, the Notre Dame Law Review, the Boston University Law Review, and many other journals and books. He has testified before Congress and at the hearings on predatory pricing held by the FTC and Justice Department. The New York Times, USA Today, The Seattle Times, and numerous other print and broadcast media have quoted him. He speaks often at antitrust conferences, consults on antitrust cases, and has drafted professors' amicus briefs in high-profile antitrust appeals. He is the immediate past Chair of the Antitrust and Economic Regulation Section of the Association of American Law Schools and an Advisor to the American Antitrust Institute and the Institute of Consumer Antitrust Studies. He was Co-Editor of Research in Law and Economics for eight years. After graduating from Yale magna cum laude and with Honors of Exceptional Distinction in Economics, he received a master's degree in public policy and a law degree from Harvard, both with honors. He set up the FTC's first antitrust policy planning office and later managed the Evaluation Office and the Premerger Notification Program. After transferring to the FTC's Northwest Regional Office, he led cases and investigations. At Seattle University, he has received the Outstanding Faculty Award and the Dean's Medal.
Professor of Law, Antonin Scalia Law School, George Mason University
Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on why patents, copyrights, and other intellectual property rights have been—and should be—legally secured to innovators and creators as property rights. His scholarship has been relied on by the United States Supreme Court, by lower federal courts, and by U.S. federal agencies. He has been invited to testify numerous times before the U.S. Senate and the House of Representatives on intellectual property legislation. His writings on intellectual property policy have also appeared in the Wall Street Journal, New York Times, Forbes, Investors Business Daily, and in other media outlets. His journal articles can be downloaded here.
Professor Mossoff is a longstanding member of the Executive Committee of the Intellectual Property Practice Group of the Federalist Society, on which he served as Chairperson from 2016-2018, and he is Chair of the Intellectual Property Working Group of the Regulatory Transparency Project of the Federalist Society. He is a Senior Fellow and Chair of the Forum for Intellectual Property at the Hudson Institute, a Visiting Intellectual Property Fellow at the Heritage Foundation, and a member of the Board of Directors of the Center for Intellectual Property Understanding. He is a member of the Intellectual Property Rights Policy Committee of ANSI and he has served as Chair and Vice-Chair of the Intellectual Property Committee of the IEEE-USA, on which he remains a member in good standing.
Associate Professor of Law, University of Florida Levin College of Law
Professor Ben Johnson is an Associate Professor of Law at the University of Florida Levin College of Law. He researches and writes on governance by committees. Sometimes, the governing committee is a board of directors. Other times, it is a committee of justices at the Supreme Court. His research has won awards from national organizations in law (AALS) and political science (APSA) and can be found in law reviews and peer reviewed outlets. His recent work on the Supreme Court has been published in the Columbia Law Review and Alabama Law Review. Earlier work on district judges with financial conflicts (published in the North Carolina Law Review) led to a large exposé in the Wall Street Journal. His game theoretic model of corporate fiduciary duties is forthcoming at the BYU Law Review. He has ongoing projects on the Supreme Court’s Shadow Docket, corporate fiduciary duties, shareholder voting, and machine learning.
Professor Johnson teaches Corporations (the only course in the curriculum where students learn to build and maintain institutions that can make the world a better place long after they are gone), Empirical Methods for Lawyers, and topics on the federal judiciary.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Walter J. Blum Professor of Law and Senior Fellow, the Computation Institute of the University of Chicago and Argonne National Laboratory
David Weisbach received his BS in Mathematics from the University of Michigan in 1985; a Masters in Advance Study (Mathematics) from Wolfson College, Cambridge in 1986; and a JD from Harvard Law School in 1989. After graduating from law school, Weisbach clerked for Judge Joel M. Flaum of the U.S. Court of Appeals for the Seventh Circuit and worked as an associate in the law firm of Miller & Chevalier. In 1992, Weisbach joined the Department of Treasury where he worked as an attorney-advisor in the Office of the Tax Legislative Counsel and, subsequently, as associate tax legislative counsel. In 1996, Weisbach was appointed Associate Professor of Law at Georgetown Law Center and joined the Chicago faculty in 1998. He is also a Senior Fellow at the University of Chicago Computation Institute and Argonne National Laboratories and an International Research Fellow at the Said School of Business, Oxford University. Weisbach is primarily interested in issues relating to federal taxation and to climate change.
Distinguished Fellow, Energy Policy Research Foundation
Diana Furchtgott-Roth, an Oxford-educated economist, is an Adjunct Professor at George Washington University and a Distinguished Fellow at the Energy Policy Research Foundation. She writes and comments regularly on energy, trade law, tariff authority, and regulatory policy, including recent work on Section 301 and executive trade power. From 2022 until February 2026, Diana headed the Center for Energy, Climate, and Environment at The Heritage Foundation. In President Trump's first term, she was Deputy Assistant Secretary for Research and Technology at the U.S. Department of Transportation and Acting Assistant Secretary for Economic Policy at the U.S. Department of Treasury. She served in the White House under Presidents Reagan, George H.W. Bush, and George W. Bush, including as Chief of Staff of the President's Council of Economic Advisers and Chief Economist of the U.S. Department of Labor, and has testified before Congress on economic and regulatory policy. Diana is the author or coauthor of six books, including Regulating to Disaster, and hundreds of articles in The Wall Street Journal, The Washington Post, The New York Times, National Review, Forbes, the UK’s Daily Telegraph and the New York Post.