Fair-Weather Originalism: Judges, Umpires, and the Fear of Being Booed
Palm Beach Lawyers Chapter
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Judge, United States Court of Appeals, Fifth Circuit
James C. Ho is a Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit. Before taking the bench on January 4, 2018, he was a partner and co-chair of the national Appellate and Constitutional Law practice group of Gibson, Dunn & Crutcher LLP.
As an appellate litigator for over a decade, including three years as the Solicitor General of Texas, Judge Ho presented 50 oral arguments in federal and state courts nationwide. He won numerous appeals, including three merits cases at the U.S. Supreme Court. He was routinely ranked among the nation’s leading lawyers by Benchmark, Chambers, Law360, The Legal 500, and The National Law Journal, among other publications. His work has been cited favorably by courts at every level of both the federal and state judiciaries. He won a Best Brief Award from the National Association of Attorneys General for every year that he served as solicitor general, and he is the only state solicitor general in history to be invited by the U.S. Supreme Court to express the views of a state.
Judge Ho has served in all three branches of the federal government. On the Senate Judiciary Committee, he served as chief counsel of the Subcommittees on the Constitution and Immigration under Senator John Cornyn. At the Justice Department, he served as Special Assistant to the Assistant Attorney General for Civil Rights and an attorney-advisor at the Office of Legal Counsel. He clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and Justice Clarence Thomas of the U.S. Supreme Court.
His record of public service also includes appointments as vice chair of the Federal Judicial Evaluation Committee in Texas and co-chair of the National Asian Pacific American Bar Association Judiciary Committee, and as a member of the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas, the U.S. delegation to the United Nations Committee on the Elimination of Racial Discrimination, and the Continuity of Government Commission.
In addition, Judge Ho has served as an Adjunct Professor of Law at the University of Texas School of Law, where he taught seminars on U.S. Supreme Court Litigation and Religious Liberty. He has authored numerous articles in respected law reviews nationwide, including an annual feature on exemplary judicial writing for The Green Bag Almanac & Reader. He previously served as senior editor of The Green Bag and as co-editor of Pub. L. Misc.
Judge Ho graduated from Stanford University with honors and a B.A. in Public Policy in 1995, and the University of Chicago Law School with high honors in 1999. Before law school, he was a legislative aide to California State Senator Quentin Kopp. He and his wife Allyson live in Dallas, Texas, with their twin daughter and son.
Associate Justice, Alabama Supreme Court
James L. “Jay” Mitchell was elected to the Alabama Supreme Court in 2018.
Prior to serving on the Supreme Court, Justice Mitchell was an accomplished litigation attorney with Maynard, Cooper & Gale, P.C. During his time in private practice, he tried a number of complex cases to verdict, successfully handled appeals, and obtained favorable settlements for clients. He was rated as one of the top litigators in the United States and Alabama, and received the highest possible rating for professional ethics. He also served on Maynard, Cooper & Gale’s executive committee, helping to lead strategic and growth initiatives for the firm.
Justice Mitchell was born in Mobile and grew up in South Alabama and in Homewood. He is a graduate of Homewood High School and received his Bachelor of Arts with honors from Birmingham-Southern College, where he graduated Phi Beta Kappa, served as president of the student body, and played forward on the school’s 1995 national championship basketball team. He holds a Master of Arts from University College in Dublin, Ireland, and received his law degree from the University of Virginia School of Law.
Justice Mitchell has long been active in organizations that benefit the community and enhance the legal profession. In addition to his service with other organizations, he is a member of the Rotary Club of Birmingham and serves on the board of directors at Cornerstone School, an inner city Christian school. He is also a member of the Federalist Society.
Justice Mitchell and his wife, Elizabeth, have been married for 20 years and have four children. They reside in Homewood and are longtime members of Church of the Highlands.
Of Counsel, Gibson, Dunn & Crutcher LLP
Prerak Shah is Of Counsel at Gibson, Dunn & Crutcher LLP. He was most recently the Acting United States Attorney for the Northern District of Texas, leading a team of approximately 120 Assistant U.S. Attorneys handling a wide range of cases, including securities fraud, health care fraud, the False Claims Act, computer crime, national security, tax fraud, money laundering, public corruption, and terrorism. Mr. Shah previously held several leadership positions at the Department of Justice, including Deputy Associate Attorney General in the office overseeing the work of the Antitrust, Civil, Civil Rights, Environment & Natural Resources, and Tax Divisions. Before joining the Justice Department, Mr. Shah served as Chief of Staff to Senator Ted Cruz and as a Chief Counsel on the Senate Judiciary Committee. He graduated from the University of Chicago Law School and clerked for the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit.
Founding Partner, Benbrook Law Group
Brad has litigated business and public policy matters throughout the United States for over 25 years. He represents businesses of all sizes in civil litigation and disputes with administrative agencies. Brad also regularly represents individuals and groups in constitutional and public policy litigation in the trial and appellate courts. He regularly submits amicus briefs on behalf of clients at the Supreme Court of the United States on significant cases. Brad is often hired as special litigation counsel in complex family law, bankruptcy, and trust and estate litigation.
After graduating from law school, Brad worked as a judicial clerk for Judge J.L. Edmondson of the United States Court of Appeals for the Eleventh Circuit in Atlanta. Brad received his law degree from the University of California at Berkeley after graduating from Stanford University, where he was a four-year letterman on the golf team.
Constitutional Scholarship Director and Senior Legal Analyst, Pacific Legal Foundation
Anastasia Boden is Director of Constitutional Scholarship at Pacific Legal Foundation, where she leads the organization’s Supreme Court commentary and directs scholarly analysis in support of the firm’s litigation. She has represented entrepreneurs and small businesses nationwide in challenges to onerous licensing regimes, anti-competitive titling restrictions, Certificate of Need (“competitor’s veto”) laws, and other forms of unnecessary red tape that block economic opportunity.
Prior to this role, Anastasia developed nearly a dozen constitutional challenges to Certificate of Need laws across the country, helping spur legislative reform in Montana, Pennsylvania, and West Virginia. Her victories include a ruling invalidating Houston’s busking restrictions, multiple appellate decisions expanding access to the courts for civil rights plaintiffs, and the legislative repeal of Virginia’s happy-hour advertising ban.
Her writings on law and liberty have been featured in USA Today, The Washington Post, The Wall Street Journal, the Los Angeles Times, the Chicago Tribune, Forbes, and more, and she has appeared on Headline News, CBS News, Fox News, ReasonTV, Newsmax, and John Stossel. In 2020, she was featured on Libertarian Party presidential candidate Jo Jorgensen’s Supreme Court shortlist.
Anastasia earned her BA with dean’s honors from the University of California, Santa Barbara, and her JD from Georgetown University Law Center, where she was research assistant to Professor Randy E. Barnett—the “intellectual godfather” of the constitutional challenge to Obamacare. She is the co-creator of the podcast Dissed, about infamous Supreme Court dissents. She authors the biweekly newsletter SCOTUS Scoop and the column, “In Dissent” for SCOTUSblog.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
US District Court for the Eastern District of Michigan
Senior Counsel, Caplin & Drysdale; Adjunct Professor of Law, Georgetown Law
Professor Carney is a Senior Counsel with Caplin & Drysdale, Cht’d. in Washington, D.C. He served as a Trial Attorney for the Tax Division of the U.S. Department of Justice for six years, and was in private (law firm) tax practice for many years, specializing in IRS administrative practice, tax controversies (audit and IRS Appeals Office), and tax litigation. He also advised clients in a similar capacity as a partner in the National Tax Office of Ernst & Young LLP in Washington. He is a member of the District of Columbia bar, as well as the bars of the U.S. Tax Court, U.S. Court of Federal Claims, U.S. District Court for the District of Columbia, and the U.S. Courts of Appeals for the Federal Circuit, D.C Circuit, and Eleventh Circuit.
Associate Dean for Research and Intellectual Life, McKnight Presidential Professor in Law, Distinguished McKnight University Professor, Harlan Albert Rogers Professor in Law, Associate Director, Corporate Institute, University of Minnesota Law School
Professor Kristin E. Hickman is the McKnight Presidential Professor in Law, a Distinguished McKnight University Professor, and Harlan Albert Rogers Professor in Law at the University of Minnesota Law School. She also has taught at Harvard Law School and Northwestern University School of Law. Professor Hickman teaches and writes primarily in the areas of administrative law, tax administration, and statutory interpretation. Her articles on these topics have appeared in the Columbia Law Review, Cornell Law Review, Virginia Law Review, Duke Law Journal, and other publications. She also co-authors the Administrative Law Treatise with Richard J. Pierce, Jr., and a casebook on federal administrative law with Pierce and Christopher J. Walker. Her scholarly work has been cited several times in opinions of the United States Supreme Court as well as regularly in lower court judicial opinions and court briefs.
In 2018-19, Professor Hickman served as Special Adviser to the Administrator of the Office of Information and Regulatory Affairs in Washington, D.C. She presently serves as a Senior Fellow, and previously served as a public member and chair of the judicial review committee, for the Administrative Conference of the United States. She also is a Fellow of the American College of Tax Counsel.
Professor Hickman received her B.S. degree in business administration with a concentration in accounting and a secondary major in history from Trinity University in San Antonio, Texas. After practicing for several years as a certified public accountant, Professor Hickman earned her J.D. degree, magna cum laude, from Northwestern University School of Law, where she was awarded the Raoul Berger Prize and the Lowden Wigmore Prize for her scholarly writings. Following law school, Professor Hickman clerked for The Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and practiced law as an associate with the Chicago office of Skadden, Arps, Slate, Meagher & Flom, concentrating on corporate and international tax transactions and matters.
Founder, Law Office of Eileen J. O'Connor PLLC
After nearly 30 years as a national tax specialist with the IRS and major accounting firms, Eileen J. O’Connor, now an attorney in private practice, was Assistant Attorney General for the Justice Department’s Tax Division for six years during the administration of President George W. Bush and a member of then-President-elect Trump’s Treasury Department Transition Team. She focuses on federal administrative and tax law.
Adjunct Professor of Law, American University's Washington College of Law and the University of Pennsylvania's Carey Law School
Mr. Rothenberg earned his B.A. (in Economics) from the University of Pennsylvania (1971), his J.D. from American University’s Washington College of Law (1975), and his LL.M. (in Taxation) from Georgetown University Law Center (1979). Mr. Rothenberg worked in the Justice Department’s Tax Division for his entire career, starting out as a line attorney in the Division’s Appellate Section (where he handled, among many others, the landmark Tufts and Diedrich cases, and more recently argued the Murphy and Cohen cases before the D.C. Circuit, the latter en banc). For the last 15 years of his tenure, until he retired in November 2019, Mr. Rothenberg was Chief of the Tax Division’s Appellate Section, overseeing a staff of approximately 50 attorneys and support personnel. Mr. Rothenberg is also an Adjunct Professor of Law at the American University’s Washington College of Law, where for more than 30 years he has taught courses in individual, corporate, and partnership income tax. His publications include an article on tax deficiency procedures in The Virginia Tax Review, later reprinted in abbreviated form in The Monthly Digest of Tax Articles, and a chapter in the ABA’s 2009 publication entitled Careers in Tax Law. He was profiled in the Winter 2010 issue of the ABA’s Section of Taxation NewsQuarterly, and he is also a frequent speaker/panel member at federal tax conferences.
Assistant Attorney General for Civil Rights, U.S. Department of Justice
Harmeet K. Dhillon is the Assistant Attorney General for Civil Rights at the U.S. Department of Justice. She was nominated by President Donald Trump in December 2024. She was confirmed by the U.S. Senate on April 3, 2025, and sworn in as AAG by Attorney General Pam Bondi on April 7, 2025.
Prior to joining the Division, Ms. Dhillon founded both the Dhillon Law Group, Inc., a successful legal practice with offices in California, Florida, Virginia, and New Jersey; and the Center for American Liberty, a nonprofit organization dedicated to pursuing civil liberties legal claims. Her law practice focused on First Amendment / free speech, civil rights, and campaign and election law issues. Among her many notable cases, Ms. Dhillon brought legal challenges against the University of California, Berkeley over its free speech policy, against an Antifa organization for an assault on a conservative journalist, against several states for their restrictive responses to Covid-19, and against various large tech companies for a host of civil rights issues.
Assistant Attorney General Dhillon was born in Chandigarh, India, and lived in London before moving to The Bronx, New York. Her family ultimately settled in rural Smithfield, North Carolina. After graduating high school at age 16, Ms. Dhillon attended Dartmouth College where she became editor-in-chief of The Dartmouth Review. After earning her bachelor’s degree in Classical Studies, she attended the University of Virginia School of Law and served on the editorial board of the Virginia Law Review. She later clerked for the Honorable Paul V. Niemeyer of the United States Court of Appeals for the Fourth Circuit in Baltimore, Maryland.
Commissioner, U.S. Election Assistance Commission
Donald Palmer was nominated by President Donald J. Trump and confirmed by unanimous consent of the United States Senate on January 2, 2019 to serve on the U.S. Election Assistance Commission (EAC). Commissioner Palmer is a former Bipartisan Policy Center Fellow where he advanced the recommendations of the Presidential Commission on Election Administration to resolve the voting technology crisis, find ways to reduce lines of voters, and improve the voting experience. He provided testimony to state legislatures on election administration and voting reforms and partnered with state election officials and state legislators in support of election modernization across the country.
Commissioner Palmer is a member of the Federalist Society's Free Speech and Election Law Practice Group Executive Committee.
Lyle T. Alverson Professor of Law, the George Washington University
Professor Catherine Ross is Lyle T. Alverson Professor of Law at the George Washington University Law School. She specializes in constitutional law (with particular emphasis on the First Amendment) and family law. Professor Ross' book A Right to Lie? Presidents, Other Liars, and the First Amendment (University of Pennsylvania Press) was published in November 2021 and has been featured at events at the Cato Institute, the National Constitution Center and other venues. Her last book, Lessons in Censorship: How Schools and Courts Subvert Students' First Amendment Rights (Harvard University Press, 2015) was named the Best Book on the First Amendment by Concurring Opinions’ First Amendment News; it also won the Critics’ Choice Book Award from the American Education Studies Association.
In 2015-2016, she was a Member of the School of Social Science at the Institute for Advanced Study at Princeton from 2008-2009. In 2015-2016 Professor Ross was a Visiting Scholar at the Harvard Graduate School of Education. She has been a visiting professor at the University of Pennsylvania, Boston College (where she held joint appointments in the School of Education and the History Department) and St. John’s School of Law in New York.
An elected Fellow of the American Bar Foundation, Professor Ross was the primary author of the ABA’s landmark report on America’s Children at Risk (1993) (with the Hon. A. Leon Higginbotham, Jr.) and is former chair of the ABA’s Steering Committee on the Unmet Legal Needs of Children. She has served on a wide variety of ABA committees. Professor Ross is a former chair of the Section on Law and Communitarianism of the Association of American Law Schools.
She holds her BA, PhD (in History), and JD from Yale University where Professor Ross was a member of the first class of women to graduate from Yale College.
Before attending Yale Law School, she was on the faculty of the Yale Child Study Center (Medical School) and the Bush Center on Child Development and Social Policy at Yale.
Prior to entering legal academia, Professor Ross was a litigator at Paul, Weiss, Rifkind, Wharton & Garrison in New York, where she won major impact litigation on behalf of the city’s homeless population.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Professor, Associate Dean for Faculty Research, Catholic University of America, Columbus School of Law
José Joel Alicea is the inaugural St. Robert Bellarmine Professor of Law, Associate Dean for Faculty Research, and Director of the Law School’s Center for the Constitution and the Catholic Intellectual Tradition. He has also served as a Visiting Professor at Duke Law School and Notre Dame Law School. Prior to joining the Catholic Law faculty, Professor Alicea practiced law for several years at the law firm of Cooper & Kirk, PLLC, where he specialized in constitutional litigation. He previously served as a law clerk for Justice Samuel A. Alito Jr., on the United States Supreme Court and for Judge Diarmuid F. O'Scannlain on the United States Court of Appeals for the Ninth Circuit.
Professor Alicea’s scholarship has focused on constitutional theory. His scholarship has appeared, or is forthcoming, in the Yale Law Journal, the University of Pennsylvania Law Review, the Virginia Law Review, and the Notre Dame Law Review, among other publications. He has also been active in public debates about constitutional law, testifying before Congress and publishing essays in places like The New York Times, City Journal, and National Affairs.
Professor Alicea is a Fellow at the Columbus School of Law's Center for Religious Liberty and a Nonresident Fellow at The American Enterprise Institute. He is the recipient of several research and teaching awards, including the student-selected Professor of the Year teaching award.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.