Presidential Power and Originalism
Chicago Student Chapter
Zoom Webinar -- University of Chicago1111 E 60th St
Chicago , IL 60637
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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.
Walter E. Meyer Professor of Property and Urban Law, Yale Law School
David Schleicher is the Walter E. Meyer Professor of Property and Urban Law at Yale Law School and is an expert in local government law, land use, federalism, state and local finance, and urban development. His work has been published widely in academic journals and popular outlets. He recently released a new book, "In a Bad State: Responding to State and Local Fiscal Crises," and has co-authored leading casebooks about local government and property law. Professor Schleicher is also the co-host of the hit podcast, “Digging a Hole: The Legal Theory Podcast.”
Professor Schleicher has been called “the ideal legal scholar of cities” (Edward Glaeser, Harvard University), “the leading lawyer on state and city governments” (Lt. Gov. Richard Ravitch ‘58), and “one of the most brilliant and far-ranging political thinkers of his generation.” (Benjamin Wallace-Wells, The New Yorker). In the press, he has been called “the most important thinker we have on the subject of local government” and “ingenious” by National Review and one of the “most interesting writers on land use” by Washington Monthly. His work has been described as “great but old fashioned” by Vox, “interesting” by The Nation, “clever” by The Economist, “neat” by Slate, “startling” by City Observatory, “excellent” by Forbes, and discussed extensively in The New York Times, The New Yorker, The Atlantic, National Affairs and Reuters, among a number of other places.
Schleicher was previously an Associate Professor of Law at George Mason University School of Law, where he won the university’s Teaching Excellence Award. He has also taught at Georgetown, Harvard, and New York University. He is a 2004 graduate of Harvard Law School. He also holds an MSc in Economics from the London School of Economics and an AB in Economics and Government from Dartmouth College.
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.
Fellow, Ethics & Public Policy Center
EPPC Fellow Erika Bachiochi is a legal scholar specializing in Equal Protection jurisprudence, feminist legal theory, Catholic social teaching, and sexual ethics. A 2018 visiting scholar at Harvard Law School, she is also a Senior Fellow at the Abigail Adams Institute in Cambridge, MA, where she founded and directs the Wollstonecraft Project. Her newest book, The Rights of Women: Reclaiming a Lost Vision, was published by Notre Dame University Press in 2021, and was named a finalist for the Intercollegiate Studies Institute’s 2022 Conservative Book of the Year award.
Ms. Bachiochi’s essays have appeared in publications such as the Harvard Journal of Law and Public Policy, Christian Bioethics (Oxford University), The New York Times, The Atlantic, First Things, CNN.com, National Review Online, National Affairs, Claremont Review of Books, SCOTUSblog, and Public Discourse. Particularly noteworthy are law review articles, “Embodied Equality: Debunking Equality Protection Arguments for Abortion Rights” (2011) and “A Putative Right in Search of a Constitutional Justification: Understanding Planned Parenthood v Casey’s Equality Rationale and How It Undermines Women’s Equality” (2017). She is the editor of two books, Women, Sex & the Church: A Case for Catholic Teaching (Pauline Books & Media, 2010) and The Cost of “Choice”: Women Evaluate the Impact of Abortion (Encounter Books, 2004).
Ms. Bachiochi is an occasional contributor to Mirror of Justice and serves on the Advisory Boards of the Common Good Project, the Catholic Women’s Forum, the Susan B. Anthony Birthplace Museum, St. Thomas More Academy (South Bend), and EthicsFinder. She is a co-founder of St. Benedict Classical Academy in Natick, Massachusetts where she served as President of the Board from 2013-2015.
Author, The Indispensable Electoral College: How the Founders’ Plan Saves Our Country from Mob Rule and Enlightened Democracy: The Case for the Electoral College
Tara Ross is nationally recognized for her expertise on the Electoral College. She is the author of Why We Need the Electoral College (2019), The Indispensable Electoral College: How the Founders’ Plan Saves Our Country from Mob Rule (2017), We Elect A President: The Story of our Electoral College (2016), and Enlightened Democracy: The Case for the Electoral College (2d ed. 2012). She is also the author of She Fought Too: Stories of Revolutionary War Heroines (2019), and a co-author of Under God: George Washington and the Question of Church and State (2008) (with Joseph C. Smith, Jr.). Her Prager University video, Do You Understand the Electoral College?, is Prager’s most-viewed video ever, with more than 60 million views.
Tara often appears as a guest on a variety of talk shows nationwide, and she regularly addresses civic, university, and legal audiences. She’s contributed to several law reviews and newspapers, including the National Law Journal, USA Today, the Washington Examiner, The Hill, The Washington Times, and FoxNews.com. She’s appeared before institutions such as the Cooper Union, Brown University, the Dole Institute of Politics, and Mount Vernon. She’s appeared on Fox News, CSPAN, NPR, and a variety of other national and local shows.
Tara is a retired lawyer and a former Editor-in-Chief of the Texas Review of Law & Politics. She obtained her B.A. from Rice University and her J.D. from the University of Texas School of Law. She resides in Dallas with her husband and children.
Senior Counsel, Husch Blackwell
Lane helps clients navigate state and federal political campaign finance law along with other election matters.
She advises professional associations and clubs, corporations and political campaigns, including presidential, congressional, gubernatorial, state Supreme Court candidates and political action committees (PACs). Clients rely on her guidance for issues of political giving, campaign finance, election law and legislative matters. Her experience includes serving on the team that represented the Republican National Committee (RNC) in the 2016 presidential election recount in Wisconsin. Lane also developed a comprehensive election integrity program for the state of Wisconsin during Governor Scott Walker's 2014 re-election campaign, and she has assisted in drafting more than 100 legislative proposals. Her current guidance to clients spans:
Lane enjoys helping clients navigate the intersection of law, politics and media awareness. She understands that due diligence in this legal sector must go beyond compliance and encompass campaign image. In addition to a focus on campaign finance matters, her career has centered on navigating the complex administrative rulemaking process, which has given her a unique knowledge of where administrative law and legislative matters align. Legal teams and clients appreciate her as a team player who always has candidates and end goals in mind.
Partner, Troutman Pepper Hamilton Sanders LLP
Misha leads Troutman Peppers' national appellate and Supreme Court practice. Most recently, he successfully obtained orders from the Supreme Court blocking an unconstitutional restriction on places of worship, as well as overturning a lower court order that had blocked several state election laws. He has also argued and prevailed before the Supreme Court in Gill v. Whitford, one of the most significant redistricting cases in decades, as well as Murr v. Wisconsin, a high-stakes regulatory taking case.
Before joining Troutman, Misha served as Solicitor General of the State of Wisconsin. Misha previously served as a law clerk for the Honorable Anthony M. Kennedy of the Supreme Court, Janice Rogers Brown of the D.C. Circuit, and Alex Kozinski of the 9th Circuit. He graduated from Georgetown University Law Center, where he was President of the Federalist Society Chapter.
Partner, Eimer Stahl LLP
Ryan is a partner at Eimer Stahl LLP and is based in the firm’s Madison office. He focuses his practice on appellate and complex litigation in a wide variety of areas, including antitrust, constitutional law, corporate law, environmental, ERISA, products liability, and white collar. As part of his practice, Ryan devotes significant time to matters of legal strategy and the art of written and oral advocacy.
Ryan previously served as Chief Deputy Solicitor General of Wisconsin, securing numerous wins in the Supreme Court of the United States, in three federal courts of appeal, and in the state supreme court. Ryan built national, bipartisan coalitions of attorneys general and agencies in support of several lawsuits and briefing efforts, including a Wisconsin-led, 12-state coalition whose suit against the Federal Communications Commission prompted that agency to reverse a major new rule. When he left government, Ryan had a perfect win record in all of his cases to have reached final judgment.
Earlier in his career, Ryan worked in Washington D.C. as an associate in the appellate group of one of the world’s largest law firms.
Ryan also served as a law clerk on the U.S. Supreme Court for the Honorable Antonin Scalia and on the U.S. Court of Appeals for the Ninth Circuit for the Honorable Diarmuid F. O’Scannlain.
Ryan was named to Forbes’ “30 Under 30: Law and Policy” list in 2017. His briefing has won awards from the National Association of Attorneys General and the International Municipal Lawyers Association. He has also won a “best brief” accolade from the State Bar of Wisconsin in the civil category for his written work defending Wisconsin’s right-to-work law.
Senior Fellow, National Review
Bestselling author Andrew C. McCarthy is a contributing editor at National Review, a senior fellow at National Review Institute, and a Fox News contributor. He is a former Chief Assistant United States Attorney in the Southern District of New York and led the terrorism prosecution against the “Blind Sheikh” (Omar Abdel Rahman) and eleven other jihadists for conducting a war of urban terrorism against the United States that included the 1993 World Trade Center bombing and a plot to bomb New York City landmarks. During is 20-year career as a prosecutor, he received numerous honors, including the Justice Department’s highest awards. Andy speaks and writes widely on law and national security, radical Islam, politics, and culture. He has testified before Congress as an expert on issues of constitutional law, counterterrorism, and law-enforcement. He is a columnist for The Hill, and his essays and book reviews appear frequently at The New Criterion. His most recent New York Times bestselling book is Ball of Collusion (Encounter Books, 2019), about the Russiagate controversy (an updated version was published in 2020). His other books include Willful Blindness (2008), The Grand Jihad (2010), Spring Fever: The Illusion of Islamic Democracy (2012), and Faithless Execution (2014). He has also written several pamphlets in the Broadside series published by Encounter Books, most recently Islam and Free Speech (2015).
Senior Counsel, First Liberty Institute
Stephanie N. Taub serves as Senior Counsel with First Liberty Institute, focusing on litigation, appellate advocacy, and legal education.
While at First Liberty, her article on the rights of faith-based organizations under Title VII of the Civil Rights Act of 1964 has been published in the Texas Review of Law and Politics. She has also authored pieces published in National Review, the Daily Signal, the Washington Times, the Des Moines Register, and the New York Daily News. In 2017, Taub was named one of 15 recipients of the James Wilson Fellowship in natural law.
Before joining First Liberty, Taub worked as a law clerk to the Honorable Reed O’Connor in the U.S. District Court of the Northern District of Texas.
Taub is a Harvard Law School graduate in the class of 2014 and a Blackstone Fellow in the class of 2012. During law school, she served as Co-President of the HLS Christian Fellowship and Managing Technical Editor of the Harvard Human Rights Journal. Taub spent her law school summers defending religious liberty in public interest law firms and clerking in the Texas Office of Solicitor General.
For her undergraduate studies at the University of Southern California, Taub graduated summa cum laude, majoring in Business Administration with a minor in Philosophy.
Senior Attorney, Institute for Justice
Paul Avelar is the Managing Attorney of the Institute for Justice Arizona Office. He joined the Institute in March 2010 and litigates free speech, property rights, economic liberty, school choice and other constitutional cases in federal and state courts.
As the head of IJ’s national Braiding Freedom Initiative, Paul represents natural hair braiders across the country to protect their right to earn an honest living. The Initiative uses lawsuits, activism and research to remove laws that require potential braiders to undergo hundreds of costly training hours just to braid hair. Since IJ launched the Braiding Freedom Initiative in 2014, 12 additional states have freed braiders from unnecessary licensing burdens. Paul drafted the model Natural Hair Braiding Protection Act, which has been adopted in Arkansas, Indiana, Iowa, Kentucky, Nebraska, New Hampshire, Texas and South Dakota. He is currently representing braiders in Missouri, where state laws infringe upon their right to earn an honest living.
In his free speech work, Paul has challenged numerous laws that trample First Amendment rights. In Arizona Freedom Club PAC v. Bennett, he represented candidates and independent groups in a successful U.S. Supreme Court challenge to the “matching funds” provision of Arizona’s publicly financed elections system. He represented grassroots groups and individuals in Arizona, Mississippi and Washington, where state laws burdened their political speech by requiring them to register with the government, to navigate complex regulations and to face fines and possible criminal penalties merely because they talked about political issues. In Washington, Paul protected a lawyer’s right to defend, pro-bono, the First Amendment rights of political speakers. Through litigation and legislation, Paul leads the fight against abusive civil forfeiture laws in Arizona and elsewhere.
Paul also co-authored the most comprehensive published study of economic liberty protections in the Arizona Constitution. The Chief Justice of the Arizona Supreme Court appointed Paul to the Task Force on the Review of the Role and Governance Structure of the State Bar of Arizona, where he dissented from the majority report and called on leaders to substantially reform the Bar and state regulation of the practice of law. He often speaks at law schools across the country about constitutional issues and his work at IJ.
Prior to joining IJ-AZ, Paul worked as an attorney in Philadelphia. He clerked for Judge Roger Miner on the 2nd U.S. Circuit Court of Appeals, Justice Andrew Hurwitz on the Arizona Supreme Court, and Judge Daniel Barker on the Arizona Court of Appeals.
Paul graduated manga cum laude from the Arizona State University College of Law in 2004 and was elected to the Order of the Coif. He received his undergraduate degree from Princeton University in 2000.
Professor of Law, University of Virginia School of Law
Aditya Bamzai is a professor of law at the University of Virginia. He teaches administrative law, civil procedure, computer crime and conflicts of law, and he has written about these and related subjects. He has argued cases relating to the separation of powers and national security in the U.S. Supreme Court, Foreign Intelligence Surveillance Court of Review, D.C. Circuit and other federal courts of appeals. From 2019 to 2021, he served as a Member of the Privacy and Civil Liberties Oversight Board, a federal agency charged with ensuring that the government’s national security efforts are balanced with the need to protect privacy and civil liberties. Before entering the academy, Bamzai was an attorney-adviser in the Office of Legal Counsel of the U.S. Department of Justice, and an appellate attorney in both private practice and for the National Security Division of the Department of Justice. Earlier in his career, he was a law clerk to Justice Antonin Scalia of the Supreme Court of the United States and to Judge Jeffrey Sutton of the Sixth Circuit Court of Appeals.
Partner, Kirkland and Ellis, LLP
John O'Quinn is a Partner in Kirkland's Washington, D.C. office. His practice focuses on litigation, including intellectual property disputes, commercial litigation, regulatory issues arising from or likely to lead to litigation, and other complex litigation matters at both the trial and appellate levels. He has extensive argument experience before both trial and appellate courts, and has argued in most of the U.S. Courts of Appeals, including the D.C. Circuit and the Federal Circuit. Mr. O'Quinn has been to trial multiple times, where he has examined expert and fact witnesses. Representative clients include Apple, Boeing, B. Braun Medical, Charter Communications, C.R. Bard, POET LLC, Siemens, and Teva Pharmaceuticals.
From 2006 to 2009, Mr. O'Quinn served in the United States Department of Justice. As Deputy Associate Attorney General, he was responsible for helping to oversee much of the government's civil litigation and reviewing proposed settlements of multi-million dollar civil cases brought by or against the government. As the Deputy Assistant Attorney General for the Federal Programs Branch of the Civil Division, Mr. O'Quinn supervised over 100 attorneys charged with defending the constitutionality of federal statutes and regulations, representing the diplomatic and national security interests of the United States in court, and conducting significant Title VII, personnel, social security, Medicare and Medicaid-related litigation. Mr. O'Quinn worked with counsel from virtually every federal agency on complex civil litigation matters and personally directed significant cases defending the government's interests, arguing more than 20 cases in federal court. In February of 2009, Mr. O'Quinn was awarded the Office of the Secretary of Defense Medal for Exceptional Public Service for his leadership in defending the Department of Defense in lawsuits challenging the detention and trial of enemy combatants captured abroad by United States Armed Forces.
Mr. O'Quinn was previously an associate with Kirkland from 2003 to 2006. While on leave from the Firm, he served as special counsel to the United States Senate Committee on the Judiciary for the nomination of Chief Justice Roberts. Prior to joining the Firm, Mr. O'Quinn was a law clerk for Justice Antonin Scalia of the U.S. Supreme Court and Judge David Sentelle of the U.S. Court of Appeals for the D.C. Circuit.
While at Kirkland, Mr. O'Quinn has also provided legal counseling and representation for individuals and organizations on a pro bono basis, including arguing a habeas petition on behalf of a defendant convicted of capital murder, and submitting FOIA requests on behalf of a civil rights organization.