Stare Decisis for Originalist Judges
California-Berkeley Student Chapter
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Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Senior Resident Scholar, Institute of Government Studies, UC Berkeley
Steven Hayward is currently senior resident scholar at the Institute of Governmental Studies at UC Berkeley, and a visiting lecturer at Berkeley Law School. He was previously the Ronald Reagan Distinguished Visiting Professor at Pepperdine University’s Graduate School of Public Policy, and was the inaugural visiting scholar in conservative thought and policy at the University of Colorado at Boulder in 2013-14. From 2002 to 2012 he was the F.K Weyerhaeuser Fellow in Law and Economics at the American Enterprise Institute in Washington DC, and has been senior fellow at the Pacific Research Institute in San Francisco since 1991.
He writes frequently for the New York Times, Washington Post, Wall Street Journal, National Review, the Weekly Standard, the Claremont Review of Books, and other publications. The author of six books including a two-volume chronicle of Reagan and his times entitled The Age of Reagan: The Fall of the Old Liberal Order, 1964-1980, and The Age of Reagan: The Conservative Counter-Revolution, 1980-1989, and the Almanac of Environmental Trends. His most recent book is Patriotism is Not Enough: Harry Jaffa, Walter Berns, and the Arguments That Redefined American Conservatism.
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.
Associate Chief Justice, Utah Supreme Court
Thomas R. Lee was appointed to the Utah Supreme Court by Governor Gary Herbert in July 2010. He currently serves as Associate Chief Justice and as a member of the Utah Judicial Council. He also chaired the Supreme Court's Advisory Committee on Professionalism and Civility during a time in which the court promulgated Standards of Professionalism and Civility for judges in Utah. Justice Lee is a graduate, with high honors, of the University of Chicago Law School. After law school, he served as a law clerk for Judge J. Harvie Wilkinson, III, of the United States Court of Appeals for the Fourth Circuit and then for Justice Clarence Thomas of the United States Supreme Court. Justice Lee then joined the law firm now known as Parr, Brown, Gee & Loveless, where he became a shareholder. Prior to his appointment to the bench, Justice Lee was a full-time professor at the law school at Brigham Young University, where he continues to serve as Distinguished Lecturer. During his years as a full-time law professor, he maintained a part-time intellectual property litigation practice with Howard, Phillips, & Andersen. He also developed a part-time appellate practice, arguing numerous cases in federal courts throughout the country and in the United States Supreme Court. In 2004 - 05, Justice Lee served as Deputy Assistant Attorney General in the Civil Division of the U.S. Department of Justice.
Judge, United States District Court, Eastern District of Missouri
Judge Pitlyk received her law degree from Yale Law School, after earning her undergraduate degree from Boston College and master’s degrees from Georgetown University and the Katholieke Universiteit Leuven in Belgium, where she studied as a Fulbright Scholar. Immediately before taking the bench, Judge Pitlyk served as Special Counsel for the Thomas More Society, a national public interest law firm. Before TMS, she spent several years at a small civil litigation boutique in St. Louis, MO, after starting her career at Covington & Burling in Washington, DC. From 2010 to 2011, she clerked for the Honorable Brett M. Kavanaugh, then a Circuit Judge on the United States Court of Appeals for the District of Columbia Circuit. Judge Pitlyk was sworn in as a District Judge for the Eastern District of Missouri on December 6, 2019.
Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
James Monroe Distinguished Professor of Law and Albert Clark Tate, Jr., Professor of Law, University of Virginia School of Law
Professor Saikrishna Prakash’s scholarship focuses on separation of powers, particularly executive powers. He teaches Constitutional Law, Foreign Relations Law and Presidential Powers at the Law School.
Prakash’s most recent book, “The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers,” was published by Harvard Belknap Press in 2020. He also authored “Imperial from the Beginning: The Constitution of the Original Executive” (Yale University Press, 2015). The former book focuses on the modern presidency while the latter considers the presidency of the Founders.
Prakash has authored over 75 law review articles. Among them are “Of Synchronicity and Supreme Law” in the Harvard Law Review, “The Indefensible Duty to Defend” in the Columbia Law Review, and “50 States, 50 Attorneys General and 50 Approaches to the Duty to Defend” and “The Executive Power Over Foreign Affairs” in the Yale Law Journal.
Prakash has published op-eds in The New York Times, The Wall Street Journal and the Los Angeles Times. At the request of Democrats and Republicans, he has testified before Congress on matters of presidential removal, the Mueller Report and how Congress might better check the presidency. He is currently a Miller Center Senior Fellow. In 2015, he received the Roger Traynor award for faculty scholarship. In the same year, he received an honorable mention from the American Society of Legal Writers for his book “Imperial from the Beginning.” He has given named lectures at William & Mary Law School, Princeton University and Toledo Law School, and keynote addresses at several conferences.
Prakash majored in economics and political science at Stanford University. At Yale Law School, he served as senior editor of the Yale Law Journal and received the John M. Olin Fellowship in Law, Economics and Public Policy. He subsequently clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and for Justice Clarence Thomas of the U.S. Supreme Court. After practicing in New York for two years, he served as a visiting professor at the University of Illinois College of Law and as an associate professor at Boston University School of Law. He then spent several years at the University of San Diego School of Law as the Herzog Research Professor of Law. Prakash has been a visiting professor at Northwestern University and the University of Chicago. He also has served as a James Madison Fellow at Princeton University and Visiting Research Fellow at the Hoover Institution of War & Peace at Stanford University.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
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.
President and General Counsel, Public Interest Legal Foundation
J. Christian Adams is the President and General Counsel of the Public Interest Legal Foundation. He served from 2005 to 2010 in the Voting Section at the United States Department of Justice Voting Section. President Trump appointed Adams to the Presidential Advisory Commission on Election Integrity. President Trump also appointed Adams as a Commissioner to the United States Commission on Civil Rights where he also now serves with a term through 2025. He has been involved in election law lawsuits in 33 states and the territory of Guam. He has represented multiple presidential campaigns in election litigation. He has a law degree from the University of South Carolina School of Law. He is a member of the South Carolina and Virginia Bars.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Professor of Philosophy & Church-Studies at Baylor University
Francis J. Beckwith is Professor of Philosophy & Church-State Studies at Baylor University, where he also serves as Associate Director of Graduate Studies in Philosophy. Writing and teaching in the areas of law and religion, jurisprudence, and politics, his over one dozen books include Taking Rites Seriously: Law, Politics, and the Reasonableness of Faith (Cambridge University Press, 2015), A Second Look at First Things: A Case for Conservative Politics (St. Augustine Press, 2013), Politics for Christians: Statecraft as Soulcraft (InterVarsity Press, 2010), Defending Life: A Moral and Legal Case Against Abortion Choice (Cambridge University Press, 2007), and Relativism: Feet Firmly Planted in Mid-Air (Baker Books, 1998). His articles have appeared in a wide-range of journals including Harvard Journal of Law & Public Policy, American Journal of Jurisprudence, Journal of Law & Religion, Notre Dame Journal of Law, Ethics & Public Policy, Nevada Law Journal, International Philosophical Quarterly, Journal of Medicine & Philosophy, San Diego Law Review, Liberty University Law Review, Ratio Juris, Christian Bioethics, Journal of Law, Medicine & Ethics, Journal of Medical Ethics, Philosophia Christi, Catholic Social Science Review, Journal of Church & State, Hastings Constitutional Law Quarterly, Chapman Law Review, Journal of Social Philosophy, Human Life Review, and Social Theory and Practice.
Professor of Law and Director, Center for the Middle East and International Law, George Mason University Antonin Scalia Law School
Professor of Law Eugene Kontorovich is one of the world’s preeminent experts on universal jurisdiction and maritime piracy, as well as international law and the Israel-Arab conflict. He is also the Director of Scalia Law School's Center for the Middle East and International Law. Professor Kontorovich joined the Scalia Law School from Northwestern University Pritzker School of Law where he was a Professor of Law from 2011 to 2018 and an Associate Professor from 2007 to 2011. Previously, he was a Visiting Professor at the University of Chicago from 2005 to 2007 and an Assistant Professor at George Mason School of Law from 2003 to 2007.
Professor Kontorovich has published over thirty major scholarly articles and book chapters in leading law reviews and peer-reviewed journals in the United States and Europe, including the American Journal of International Law, International Review of Law & Economics, Stanford Law Review, California Law Review, University of Pennsylvania Law Review, and Virginia Law Review. His scholarship has been cited in leading foreign relations and international law
His expertise is often sought out and quoted by major news organizations such the New York Times, Wall Street Journal, NPR News, The New Yorker, Los Angeles Times, and numerous television and radio programs. Prof. Kontorovich’s popular writings have appeared in the New York Times, Wall Street Journal, Los Angeles Times, POLITICO, Commentary, Haaretz, and numerous other leading publications. He is also a regular contributor to the Washington Post’s Volokh Conspiracy legal blog.
He attended the University of Chicago for college and law school. After law school, he clerked for Judge Richard Posner on the United States Court of Appeals for the Seventh Circuit. He has been honored with a fellowship at the Institute for Advanced Study in Princeton, in 2011-12, and with the Federalist Society’s prestigious Bator Award, given annually to a young scholar (under 40), for outstanding scholarship and teaching.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.