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The True Extent of Executive Power
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Here are the latest events.
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.
Chair, International Trade & National Security Practice Group, Buchanan Ingersoll & Rooney
Mr. Pickard counsels U.S. and international clients on the laws and regulations governing international trade, with particular emphasis on import remedy, anti-bribery, national security, and export control issues. He represents and advises clients in matters related to trade remedy investigations (including antidumping, countervailing duty, and safeguard cases), U.S. economic sanctions, export controls, anti-boycott measures, and the Foreign Corrupt Practices Act (FCPA). Mr. Pickard provides comprehensive international trade law compliance guidance, including assessing and resolving sensitive national security matters; developing corporate compliance programs; establishing compliance with the National Industrial Security Program (NISP) and mitigating Foreign Ownership, Control, or Influence (FOCI) issues; conducting internal investigations relating to potential violations; and appearing before the relevant agencies in connection with investigations, licensing, and enforcement actions. He also teams with the firm’s Election Law & Government Ethics Group to provide guidance pertaining to the Foreign Agents Registration Act (FARA).
Mr. Pickard represents clients before the U.S. International Trade Commission (ITC), the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the U.S. Department of Justice (DOJ), the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) and International Trade Administration (ITA), the U.S. Department of Defense’s Defense Security Service (DSS), the Committee on Foreign Investment in the United States (CFIUS), the U.S. Court of International Trade, and the U.S. Court of Appeals for the Federal Circuit.
Partner, International Trade, King & Spalding LLP
Stephen P. Vaughn is a Partner in the International Trade Team of King & Spalding who works primarily on international trade litigation and policy matters. In April 2019, Stephen completed more than two years of service as the General Counsel for the Office of the United States Trade Representative (USTR). In that position, he managed a team of government attorneys representing U.S. interests in both trade negotiations and trade litigation. During two months in early 2017, Stephen also served as the acting U.S. Trade Representative. He is widely regarded as one of the world’s foremost authorities on current U.S. trade policy, as well as one of the most talented U.S. trade remedy litigators.
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.
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.
Dean and Professor of Law, Widener University Delaware School of Law
Rod Smolla is Dean and Professor of Law at the Delaware Law School of Widener University, in Wilmington, Delaware. He was previously the 11th President of Furman University, in Greenville, South Carolina, the Dean of the Law School at Washington and Lee University Law School, the Dean of the University of Richmond Law School, the Director of the Institute of Bill of Rights Law at the College of William and Mary, and Senior Fellow and Project Director of the Washington Annenberg Program of Northwestern University. He has also been a faculty member at the DePaul, University of Illinois, and University of Arkansas law schools, and a visiting professor at the Duke, University of Georgia, University of Indiana, Denver University, and University of Melbourne law schools. As an educator, he has been an advocate for experiential learning, including greater emphasis on helping law students develop skills relating to counseling, problem-solving, negotiation, drafting, advocacy, civic engagement, pro bono service, legal ethics, and professionalism. He has emphasized diversity and community outreach and important institutional missions in higher education and legal education.
Smolla is a nationally-known scholar on matters relating to constitutional law, civil rights, freedom of speech, and mass media, particularly matters relating to libel and privacy. He is the author of five multi-volume legal treatises, all published by Thomson Reuters, which are updated twice annually: Law of Defamation; Smolla and Nimmer on Freedom of Speech; Rights and Liabilities in Media Content, Internet, Broadcast, and Print; Federal Civil Rights Acts; and, Law of Lawyer Advertising. He is also author of The First Amendment: Freedom of Expression, Regulation of Mass Media, Freedom of Religion (Carolina Academic Press 1999) (a law school casebook); and co-author of Constitutional Law: Structure and Rights in Our Federal System (6th Edition, 2010, with Dean William Banks). He is the editor each year of the First Amendment Law Handbook, published annually by Thomson Reuters. He was also editor of The Copyright Law Anthology published by Thomson Reuters. He is also the author of may trade and university press books, including Suing the Press: Libel, the Media, and Power (Oxford University Press 1986) (won ABA Silver Gavel Award Certificate of Merit); Jerry Falwell v. Larry Flynt: The First Amendment on Trial (St. Martin's Press 1988); Free Speech in an Open Society (Alfred A. Knopf 1992) (winner of the William O. Douglas Award); Deliberate Intent: A Lawyer Tells the True Story of Murder by the Book (Crown Publishers 1999) (made into a television movie by FX, with Timothy Hutton playing the role of Rod Smolla); The Constitution Goes to College (New York University Press 2010). He was editor of A Year in the Life of the Supreme Court (Duke University Press 1995) (won ABA Civil Gavel Award). Smolla has published over 100 articles in law reviews and other publications.
Smolla has served as Chairman of the Association of American Law Schools Section on Defamation and Privacy Law, as Chairman of the Association of American Law Schools Section on Mass Communications Law, as a member of the American Bar Association Advisory Committee to the Forum on Mass Communications Law, and as a member of the First Amendment Advisory Board to the Media Institute, as the Director of the Annenberg Washington Program Libel Reform Project, and author of the Annenberg Libel Reform Report that emerged from the blue ribbon task force on that project. He served as a Director of the Media General Corporation, and as a Director of the American Arbitration Association. In 2011, he was appointed by Governor Nikki Haley to serve as a Commissioner on the South Carolina Commission of Higher Education, which included within its mission the oversight of all of South Carolina's public universities and colleges, and licensure and programmatic approval for all public and private educational programs within the state.
Smolla has been and remains an active litigator. He has participated as counsel or co-counsel in litigation matters in state and federal courts throughout the nation, and is a frequent advocate, having presented oral argument in numerous state and federal courts, including the Supreme Court of the United States.
Judge, Arizona Court of Appeals, Division One
The Honorable Jennifer M. Perkins began service on the Arizona Court of Appeals, Division One, on October 30, 2017. At the time of her appointment by Governor Douglas Ducey, Judge Perkins was Assistant Solicitor General for the State of Arizona.
Judge Perkins was born in Portales, New Mexico, and primarily raised in Albuquerque. She attended the prestigious Albuquerque Academy from 1988-1995, before moving to Washington D.C. to attend the Elliott School of International Affairs at the George Washington University as a National Merit Scholar. Therafter, she relocated again to Dallas, Texas, and earned her juris doctor from the SMU Dedman School of Law, graduating cum laude in 2002.
Judge Perkins started her career at the law firm of Browning & Peifer (now Peifer, Hanson, Mullins, and Baker) in Albuquerque, New Mexico. While there, she litigated complex commercial matters including class action plaintiff and defense work, and assisted with employment and contract litigation. In 2003, the judge accompanied the Honorable James O. Browning in transitioning to the federal district court bench, serving as his first law clerk.
After her clerkship, Judge Perkins moved to Arizona to work for the Institute for Justice, Arizona Chapter, a public interest law firm. She spent five years with IJ-AZ litigating civil rights cases in Arizona and across the country. In 2009, the judge became Disciplinary Counsel for the Arizona Commission on Judicial Conduct, where she reviewed and prosecuted ethics complaints against state court judges throughout Arizona. After five years serving the state in this capacity, Judge Perkins entered private practice by joining an appellate law firm in Phoenix. While there, she worked on state and federal appeals involving a wide range of legal subjects, including complex business disputes, property rights, judicial ethics, and personal injury matters.
In January 2015, Judge Perkins joined the Office of the Arizona Attorney General to serve as the first Assistant Solicitor General; in that capacity, she was responsible for oversight of Attorney General Opinions and served as ethics counsel to the entire office. In addition to these two primary roles, the judge assisted on a variety of matters including trial and appellate litigation of election-related matters; federal appellate litigation with the Federalism Unit; state criminal appeals; and drafting amicus briefs on behalf of Arizona in state and federal courts.
Professor, University of Minnesota Law School
Ilan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He previously taught at Arizona State University. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, and the Texas Law Review among other journals.
Professor Wurman is the author of a casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 2d ed. 2024). He is also the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). His next book, The Constitution of 1789: A New Introduction, is also forthcoming with Cambridge University Press.
Professor Wurman practices law with the firm Tully Bailey. He has litigated a variety of administrative law and constitutional law cases, including cases involving COVID-19 restrictions, transmission lines, and Appointments Clause challenges. He also devised winning public nuisance theories to force city governments to address the increasingly challenging public camping crises throughout the country.
Associate Professor of Law, University of Notre Dame Law School
Sherif Girgis joined Notre Dame Law School in 2021. Prior to joining Notre Dame Law, Sherif practiced law at Jones Day in Washington, D.C., where he focused on appellate and complex civil litigation. Before that, Girgis served as a law clerk to Justice Samuel Alito, Jr., of the U.S. Supreme Court and Judge Thomas B. Griffith of the U.S. Court of Appeals for the D.C. Circuit. Now completing his Ph.D. in philosophy at Princeton, Girgis earned his J.D. at Yale Law School, where he served as an editor of the Yale Law Journal and won the Felix S. Cohen Prize for best paper in legal philosophy. Before law school, he earned a master's degree (B.Phil.) in philosophy from the University of Oxford as a Rhodes Scholar, and his bachelor's degree in philosophy from Princeton, Phi Beta Kappa and summa cum laude. Girgis is coauthor of What Is Marriage? Man and Woman: A Defense, cited in a dissent in United States v. Windsor, and Debating Religious Liberty and Discrimination, released by Oxford University Press in 2017. His work at the intersection of philosophy and law--including criminal law, constitutional liberties, and jurisprudence--has appeared in academic and popular venues including the Yale Law Journal, the Virginia Law Review, the University of Pennsylvania Law Review, the Harvard Journal of Law and Public Policy, the American Journal of Jurisprudence, the Cambridge Companion to Philosophy of Law, The New York Times, and The Wall Street Journal.
Principal, Spero Law LLC
Christopher Mills is the founder of Spero Law LLC. He was previously a partner at a national law firm and a Constitutional Law Fellow at the Becket Fund for Religious Liberty. He served as a law clerk to Justice Clarence Thomas on the U.S. Supreme Court during October Term 2018. He also clerked for the Honorable David B. Sentelle, then-Chief Judge of the U.S. Court of Appeals for the D.C. Circuit. He has authored briefs and motions in the Supreme Court, courts of appeals, and trial courts, and successfully argued before the D.C. Circuit. He has served as special counsel to South Carolina Governor Henry McMaster, and is an Adjunct Professor at the Charleston School of Law.
A 2012 magna cum laude graduate of Harvard Law School, Christopher was a senior editor of the Harvard Law Review, an editor of the Harvard Journal of Law and Public Policy, and served on the Executive Board of the Harvard Federalist Society. In 2009, he graduated Phi Beta Kappa and summa cum laude with a degree in economics from Furman University.
Christopher lives in Charleston, South Carolina with his wife, children, and golden retriever.
Chief Justice, Florida Supreme Court
Justice Charles Canady was born in Lakeland, Florida, in 1954. He is married to Jennifer Houghton, and they have two children. He received his B.A. from Haverford College in 1976 and his J.D. from the Yale Law School in 1979.
Justice Canady practiced law with the firm of Holland and Knight in Lakeland from 1979 through 1982. He practiced with the firm of Lane, Trohn, et al., from 1983 through 1992.
From November 1984 to November 1990, Justice Canady served three terms in the Florida House of Representatives, and from January 1993 to January 2001, he served four terms in the United States House of Representatives. Throughout his service in Congress, Justice Canady was a member of the House Judiciary Committee. For three terms, from January 1995 to January 2001, Justice Canady was the Chairman of the House Judiciary Subcommittee on the Constitution.
Upon leaving Congress, Justice Canady became General Counsel to Governor Jeb Bush. He was appointed by Governor Bush to the Second District Court of Appeal for a term beginning November 20, 2002.
On August 28, 2008, Justice Canady was appointed to the Florida Supreme Court by Governor Charlie Crist and took office on September 8, 2008. He served as Chief Justice from July 2010 through June 2012. In March 2018, he was elected by his colleagues to serve as Chief Justice for a second time, with his two-year term starting July 1, 2018, and a third time starting July 1, 2020.
Justice, Florida Supreme Court
John D. Couriel is the 90th Justice of the Florida Supreme Court. Justice Couriel was born in Miami, Florida in 1978. He is married to Rebecca L. Toonkel, M.D. They have two children.
Justice Couriel received his A.B. magna cum laude from Harvard College in 2000 and his J.D. from Harvard Law School in 2003. He clerked for the Honorable John D. Bates of the United States District Court for the District of Columbia before joining Davis Polk & Wardwell in New York. His practice there included securities offerings, mergers and acquisitions, bankruptcy matters, and investigations. In 2009, he became an Assistant United States Attorney for the Southern District of Florida. He prosecuted hundreds of federal offenses, including international money laundering, public integrity, healthcare fraud, and human trafficking crimes. In 2013, he joined Kobre & Kim LLP, where he specialized in cross-border disputes and investigations relating to financial products and services, asset recovery, and government enforcement defense, with an emphasis on clients in Latin America.
Justice Couriel is a native speaker of Spanish. His parents emigrated from Cuba in the 1960s, his father as one of approximately 14,000 unaccompanied minors welcomed to the United States as part of Operation Pedro Pan.
He was appointed to the Florida Supreme Court by Governor Ron DeSantis on June 1, 2020.
Former United States Secretary of Education
Betsy DeVos is the former U.S. secretary of education from 2017-2021. She was confirmed by the U.S. Senate on February 7, 2017 after being nominated by President Donald J. Trump.
Secretary DeVos has been involved in education policy for nearly three decades as an advocate for children and a voice for parents. She is especially passionate about reforms that help underserved children gain access to a quality education.
DeVos' interest in education was sparked at an early age by her mother, a public school teacher. It grew when she sent her own children to school and was confronted with the reality that not every child in America is granted an equal opportunity to receive a great education. DeVos saw firsthand the work leaders in her hometown were doing to increase educational opportunities for students and choices for parents, and she has been involved in the fight to provide better educational options across the nation ever since.
For 15 years, DeVos served as an in-school mentor for at-risk children in the Grand Rapids (Michigan) Public Schools. Her interactions there with students, families and teachers, according to DeVos, "changed my life and my perspective about education forever."
A leader in the movement to empower parents, DeVos has worked to support the creation of new educational choices for students in 25 states and the District of Columbia.
As secretary, DeVos will work with President Trump to advance equal opportunities for quality education for all students. DeVos firmly believes that neither the ZIP code in which a child lives nor a child's household income should be the principal determinant of his or her opportunity to receive a world-class education. As secretary, she will advocate for returning control of education to states and localities, giving parents greater power to choose the educational settings that are best for their children and ensuring that higher education puts students on the path to successful careers.
Prior to her confirmation, DeVos served as chairman of The Windquest Group, an enterprise and investment management firm. In addition to her leadership in the education arena, DeVos has also served on the boards of numerous national and local charitable and civic organizations, including the Kennedy Center for the Performing Arts, Kids Hope USA, ArtPrize, Mars Hill Bible Church and the Kendall College of Art and Design.
DeVos is a graduate of Calvin College in Grand Rapids, Michigan, where she earned a Bachelor of Arts degree. She is married to entrepreneur, philanthropist and community activist Dick DeVos, and together they have four children and six grandchildren.
Co-Founder and President, Defense of Freedom Institute
Bob is a co-founder and President of DFI. He previously served as Senior Counselor to the Secretary of Education from 2017 through 2020 and Deputy General Counsel of the U.S. Department of Education from 2005 until 2009.
During his most recent tenure at the Department, Bob served on the Secretary’s Leadership Team as a strategic and legal adviser on higher education, civil rights, and congressional oversight matters. As the Department’s Regulatory Reform Officer, he also supervised the implementation of the Secretary’s regulatory agenda and was an architect of the Secretary’s reforms concerning Title IX and the Higher Education Act. As Deputy General Counsel, Bob advised on a wide variety of regulatory, legislative, and oversight matters.
Prior to joining the Department in 2017, Bob was vice president for regulatory compliance matters for several postsecondary institutions and practiced education and employment law in Washington, D.C. Before coming to the Department in 2005, he practiced law in New Orleans, litigating commercial, employment, and bankruptcy cases in Louisiana, Texas, and Mississippi.
Bob earned his A.B. in History from Georgetown University, studied British government and international politics at the London School of Economics and Political Science, and received his law degree from Tulane University Law School. His articles have been published by National Review, Real Clear Education, Washington Examiner, and other media outlets. Fox News has featured his work.
Bob is a member of the District of Columbia and Louisiana Bars and the Federalist Society for Law and Public Policy Studies.
Former Acting Assistant Secretary, US Department of Education; Partner, Jackson Bone LLP, U.S. Department of Education
Candice Jackson is an attorney who served as Acting Assistant Secretary for Civil Rights and Deputy General Counsel in the US Department of Education from 2017 to 2021 where she was responsible for drafting the first-ever regulations under Title IX addressing campus sexual harassment and assault. Candice has returned to private law practice and currently represents incarcerated women in California prisons in WoLF’s lawsuit to overturn the 2021 law that allows male criminals to choose to be housed in women’s prisons based on “gender identity.” Candice lives with her wife Patricia and their 9-year-old twins Madelyn and Zachary.