Power, Accountability, & FCC v. Consumers Research: The Non-Delegation Doctrine in Focus
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Assistant Professor of Law, Columbus School of Law, Catholic University of America
Chad Squitieri is an Assistant Professor of Law at Catholic University of America’s Columbus School of Law. There he serves as the Director of the Separation of Powers Institute, and as a Managing Director of the Center for the Constitution and the Catholic Intellectual Tradition. Professor Squitieri’s scholarship addresses administrative law and constitutional law topics, including separation-of-powers principles. His scholarship has appeared in the Administrative Law Review, the Harvard Journal of Law and Public Policy, and the Baylor Law Review, among other publications.
Prior to joining the faculty at the Catholic University of America, Prof. Squitieri practiced law at Gibson, Dunn & Crutcher LLP as a member of the Appellate and Constitutional Law and Administrative Law and Regulatory practice groups. He also served as a Special Assistant to former United States Secretary of Labor Eugene Scalia, and as a law clerk to then-Chief Judge D. Brooks Smith of the United States Court of Appeals for the Third Circuit.
Associate Justice, Supreme Court of North Carolina
Phil was born in Danville, Virginia on March 26, 1972, to Philip and Pat Berger. Phil is a 1990 graduate of Morehead High School in Eden, North Carolina. He graduated from UNC-Wilmington in 1994 with a B.A. in History, and earned his law degree from Wake Forest University School of Law in 1999.
Phil began his legal career in private practice in 1999. From 2001 through 2006, he joined his father and brother, Kevin, forming The Berger Law Firm. In 2006, Phil was elected District Attorney in the 17A Prosecutorial District and was re-elected in 2010.
While serving as District Attorney, Phil was the chair of Project SAFE Rockingham County. A collaboration with the US Attorney's Office and local law enforcement, Project SAFE implemented the “focused-deterrence” model for reducing violent crime among recidivists and gang members. In 2013-14, he served as President of the North Carolina Conference of District Attorneys. Phil represented the National District Attorneys Association in Guantanamo Bay, Cuba, as a Non-Governmental Observer to the United States v. Khalid Sheikh Mohammad, et al hearings.
From 2015-2016, Phil served as an Administrative Law Judge with the North Carolina Office of Administrative Hearings. He was elected to the North Carolina Court of Appeals in 2016. In 2020, Phil was elected to the Supreme Court of North Carolina.
Phil has a passion for helping young people. He serves as a volunteer assistant coach with the baseball team at Cedar Ridge High School. Phil previously coached football at the high school level, and he has also coached youth football with the Durham Firebirds and Greensboro Eagles. Phil was the founder and chair of Eden Youth Football, and he served as a board member and basketball coach with Bethany Community Middle School.
Phil is married to Jodie Church, a public school teacher. They have two children, Philip III and Will.
Judge, North Carolina Court of Appeals
Richard Dietz has served as a judge on the North Carolina Court of Appeals for eight years.
Judge Dietz comes from a mountain family of railroad and telephone workers. From an early age, his parents encouraged him to study hard and to get an education. He succeeded, becoming the first in his family to attend college. He went on to graduate first in his class from Wake Forest University School of Law and later earned a master’s degree from Duke University School of Law.
As a lawyer, Judge Dietz became one of the most accomplished appellate advocates in North Carolina. He has personally argued in the U.S. Supreme Court—something only a handful of lawyers in the State have ever done—and is a board-certified specialist in appellate practice. He handled cases in a wide range of constitutional areas including gun rights, religious liberty, and the free speech rights of students.
Before joining the Court of Appeals, Judge Dietz was a partner at Kilpatrick Townsend & Stockton LLP, a 650-lawyer international law firm with its roots in North Carolina. He also served as a law clerk for two highly regarded federal judges—Judge Emory Widener on the U.S. Court of Appeals for the Fourth Circuit and Judge Samuel Wilson on the U.S. District Court in Virginia—and served as a research fellow in international law at Kyushu University in Japan.
Judge Dietz joined the Court of Appeals in 2014 and is now the third-most senior judge on the 15-member court. He has distinguished himself on the Court by writing thoughtful opinions that are concise and easy for the public to read and understand.
Judge Dietz is happily married to Kelley Dietz, who is both the love of his life and his most trusted advisor. Kelley is a former Capitol Hill staffer and political appointee of President George W. Bush who now works in higher education.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Lyle T. Alverson Professor of Law, George Washington University Law School
Professor Pierce is author of over twenty books and 130 articles on administrative law, government regulation, and the effects of various forms of government intervention on the performance of markets. His books and articles have been cited in hundreds of judicial opinions, including over a dozen opinions of the U.S. Supreme Court.
Board Member, U.S. Privacy and Civil Liberties Oversight Board
Beth A. Williams is a Board Member of the United States Privacy and Civil Liberties Oversight Board, an agency whose mission is to ensure that the federal government's efforts to prevent terrorism are balanced with the need to protect privacy and civil liberties.
Prior to her Board service, Ms. Williams was the Assistant Attorney General for the Office of Legal Policy at the United States Department of Justice from August 2017 to December 2020. In that role, she served as the primary policy advisor to the Attorney General and the Deputy Attorney General, and as the Chief Regulatory Officer for the Department. Ms. Williams also led the judicial nomination process for the Department, assisting in the selection and confirmation of more than 230 Article III judges to the bench.
Prior to becoming Assistant Attorney General, Ms. Williams was a litigation and appellate partner at a national law firm, where her practice focused on complex commercial, securities, appellate, and First Amendment litigation. From 2005-2006, Ms. Williams served as Special Counsel to the United States Senate Committee on the Judiciary, where she assisted with the confirmation of Chief Justice John G. Roberts, Jr. and Associate Justice Samuel A. Alito, Jr. to the United States Supreme Court.
Ms. Williams clerked for the Hon. Richard C. Wesley on the United State Court of Appeals for the Second Circuit. She graduated from Harvard College magna cum laude, with a degree in History and Literature, and she earned her law degree from Harvard Law School, where she served as Executive Editor of the Harvard Journal of Law and Public Policy.
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.
Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
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.
Professor of Law, University of Michigan Law School
Christopher J. Walker is a Professor of Law at the University of Michigan. Prior to joining Michigan law faculty in 2022, he spent a decade teaching at The Ohio State University Moritz College of Law. He previously clerked for Justice Anthony Kennedy of the U.S. Supreme Court, worked on the Civil Appellate Staff at the U.S. Department of Justice, and served on the Senate Judiciary Committee staff for the Gorsuch Supreme Court confirmation. Professor Walker’s research focuses on administrative law, regulation, and law and policy at the agency level. Outside the law school, he chaired the American Bar Association’s Section of Administrative Law and Regulatory Practice in 2020-21 and served as one of forty Public Members of the Administrative Conference of the United States from 2016-2022, and he continues to serve in both organizations in various capacities. He also works of counsel at the U.S. Chamber Litigation Center. In 2022, he received the Federalist Society’s Joseph Story Award.
Policy Analyst, Center for Monetary and Financial Alternatives, Cato Institute
Jack Solowey is a policy analyst at the Cato Institute’s Center for Monetary and Financial Alternatives (CMFA), where he focuses on the regulation of cryptocurrencies, decentralized finance, and financial technology. His writing has appeared in RealClearMarkets, CoinDesk, the New York Daily News, and others.
Before joining Cato’s CMFA, Solowey was an attorney in private practice in the global privacy and cybersecurity group at Hunton Andrews Kurth LLP. He previously was a research intern at Cato in 2012.
Solowey received his JD from New York University School of Law, where he was awarded the Flora S. and Jacob L. Newman Prize for his note on digital currencies. In law school, Solowey served as managing editor of the New York University Journal of Law & Liberty and as a judicial intern for Justice Robert J. Miller of the New York State Supreme Court Appellate Division, Second Judicial Department. He received a BA in history from the University of Pennsylvania.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.