An Evening with United States Solicitor General Noel Francisco
The Chatham Club15 East Liberty
Savannah, GA 31401
Here are the latest events.
Partner-in-Charge Washington, Jones Day
Noel Francisco served as the 47th Solicitor General of the United States in the Trump Administration, from 2017 to 2020. He has argued some of the most important cases the Supreme Court has heard in recent years on a wide array of issues.
For example, as Solicitor General, he argued Trump v. Hawaii, where he successfully defended the president's orders restricting travel from countries deemed to present security risks; Janus v. AFSCME, which upheld the First Amendment rights of public employees who decline to join labor unions; Kisor v. Wilkie, which adopted his argument that the "Auer deference doctrine" should be significantly curtailed but retained in its core applications; Apple Inc. v. Pepper, which addressed whether Apple's App Store customers had standing to sue the company for antitrust violations; Knick v. Township of Scott, which held that property owners could sue state and local governments in federal court to vindicate Fifth Amendment takings claims; and Seila Law LLC v. CFPB, which invalidated restrictions on the president's authority to remove the director of the Consumer Financial Protection Bureau.
He also spearheaded the government's general strategy to seek emergency relief in the appellate courts and the Supreme Court when lower courts issued nationwide injunctions against important government programs.
Noel's service as Solicitor General built on his previous tenure at Jones Day, during which he argued McDonnell v. United States, which reversed the federal bribery conviction of the governor of Virginia; NLRB v. Noel Canning, which limited the president's constitutional recess appointments power; and Zubik v. Burwell, which challenged federal insurance coverage regulations that violated Catholic organizations' religious beliefs.
Partner, Latham & Watkins LLP
Sy Damle is one of the nation’s foremost practitioners in copyright law, with a particular focus on copyright rate-setting and software copyrights. Mr. Damle is a partner in the Washington, D.C. office of Latham & Watkins and a member of the Intellectual Property Litigation Practice. He also serves as an advisor to the American Law Institute’s Restatement of the Law, Copyright, and regularly writes and speaks about cutting-edge copyright issues. Mr. Damle focuses his practice on high-stakes copyright litigation and regulatory matters.
Mr. Damle joined Latham after serving as General Counsel and Associate Register of Copyrights at the US Copyright Office. In this role, Mr. Damle was responsible for the agency’s litigation, regulatory, and other legal work. While at the Copyright Office, Mr. Damle played a central role in every significant copyright case to reach the Supreme Court, addressing areas as diverse as software copyrights, fee awards in copyright actions, and the scope of the safe harbors in the Digital Millennium Copyright Act (DMCA). In addition, Mr. Damle led the Office’s first comprehensive regulatory revision effort in decades, concluding over 20 rulemakings, and helped lead two rulemakings under the anti-circumvention provisions of the DMCA. He was also responsible for overseeing the work of the Copyright Royalty Board (CRB), which establishes royalty rates and terms for major segments of the copyright industry. In that role, he wrote and issued binding opinions addressing novel questions of copyright law that govern CRB proceedings. Mr. Damle also regularly advised Congress on novel copyright issues, including by drafting and reviewing legislation.
Previously, Mr. Damle served as an appellate attorney for the Civil Division of the Department of Justice (DOJ). In his role at the DOJ, he appeared as lead counsel in more than 40 appeals, focusing on intellectual property, administrative law, and constitutional matters. He was responsible for the defense of rate-setting determinations of the CRB in the US Court of Appeals for the D.C. Circuit. He also wrote briefs in a number of high-profile Supreme Court cases, including Cable News Network v. CSC Holdings, addressing alleged copyright infringement by remote DVR services, and Ashcroft v. Iqbal, addressing pleading standards. Mr. Damle also served as senior counsel in the Consumer Financial Protection Bureau.
Mr. Damle’s work has been recognized by leading publications, including the National Law Journal, which has named him one of the top 40 Under 40 minority lawyers in the United States, and as one of DC’s Rising Stars.
Mr. Damle is a member of the Copyright Society of the USA, and serves on the board of the Edward Coke Appellate Inn of Court.
Mr. Damle earned his JD from the University of Virginia, where he graduated first in his class. He holds systems engineering and business degrees from the University of Pennsylvania, and was a software developer and information technology consultant prior to attending law school. He also served as a clerk for Judge Sandra L. Lynch of the US Court of Appeals for the First Circuit.
Associate Professor, UNH Franklin Pierce School of Law
Zvi S. Rosen is an Associate Professor at UNH Franklin Pierce School of Law and the Faculty Director of the Franklin Pierce Society for Intellectual Property. He has served as a Assistant Professor at the Southern Illinois University School of Law, as a Visiting Assistant Professor at the Maurice A. Deane School of Law at Hofstra University, and as a Visiting Scholar and Professorial Lecturer in Law at George Washington University School of Law.
In 2015-2016, he was the Abraham L. Kaminstein Scholar in Residence at the U.S. Copyright Office. Mr. Rosen received his J.D. from Northwestern University School of Law in 2005 and LLM in Intellectual Property in 2006 from the George Washington University Law School. He has practiced at Fried, Frank, Harris, Shriver & Jacobson LLP as well as smaller firms and his own practice, and clerked for the Hon. Thomas B. Bennett of the U.S. Bankruptcy Court for the Northern District of Alabama. He has written extensively on the development of modern copyright and trademark law, as well as on bankruptcy law.
Professor of Law, Notre Dame Law School
Professor Derek Muller is a nationally-recognized scholar in the field of election law. His research focuses on the role of states in the administration of federal elections, the constitutional contours of voting rights and election administration, the limits of judicial power in the domain of elections, and the Electoral College.
He has published more than two dozen academic works, and his op-eds have appeared in the New York Times, the Los Angeles Times, and the Wall Street Journal. He has testified before Congress, and he is a contributor at the Election Law Blog. He is a co-author on a Federal Courts casebook published by Carolina Academic Press. He is also the co-reporter on a new Restatement of the Law, Election Litigation, an effort led by the American Law Institute.
Professor Muller teaches Election Law, Civil Procedure, and Evidence.
Newsweek Senior Editor-at-Large, Syndicated Columnist, Host of "The Josh Hammer Show," Article III Project Senior Counsel, Newsweek, Salem Media, Article III Project, David Horowitz Freedom Center
Josh Hammer is the senior editor-at-large of Newsweek and host of "The Josh Hammer Show," a podcast, a syndicated radio show, and TV program on Salem News Channel. A syndicated columnist through Creators Syndicate, Josh is a frequent pundit and essayist on political, legal, and cultural issues. He is also senior counsel for the Article III Project and Internet Accountability Project, as well as a Shillman Fellow with the David Horowitz Freedom Center and a fellow with the Palm Beach Freedom Institute.
An outspoken conservative, Josh opines on conservative intellectual trends, contemporary domestic and foreign policy debates, constitutional and legal issues, and the intersection of law, politics and culture. He has been published by many leading outlets, including the Los Angeles Times, the New York Post, Daily Mail, Newsweek, the Claremont Review of Books, National Affairs, American Affairs, The New Criterion, The National Interest, National Review, RealClearPolitics, First Things, City Journal, Public Discourse, Law & Liberty, Tablet Magazine, Deseret Magazine, Compact Magazine, Chronicles Magazine, The Spectator, The American Mind, The American Conservative, The European Conservative, American Greatness, American Compass, The Federalist, Blaze Media, TomKlingenstein.com, Townhall, The Daily Wire, The Daily Signal, The Daily Caller, The Epoch Times, Anchoring Truths, Fortune, Fox Business, The Jerusalem Post, The Times of Israel, The Forward, Jewish Telegraphic Agency and the Jewish Journal. He has also had legal scholarship published by the Harvard Journal of Law & Public Policy and the University of St. Thomas Law Journal.
Josh is a college campus speaker through Young America's Foundation and the Intercollegiate Studies Institute, and a law school campus speaker through the Federalist Society. Prior to Newsweek and The Daily Wire, where he was an editor, Josh worked at Kirkland & Ellis LLP and clerked for the Hon. James C. Ho on the U.S. Court of Appeals for the Fifth Circuit. Josh has also served as a John Marshall Fellow with the Claremont Institute and as a Fellow with the James Wilson Institute. He is the former host of "America on Trial with Josh Hammer," a one-season daily podcast with The First that covered the unique legal issues surrounding the 2024 presidential election.
Josh graduated from Duke University, where he majored in economics, and from the University of Chicago Law School. He lives in Florida, but remains an active member of the State Bar of Texas.
Alston & Bird Professor of Law, Duke University School of Law
Professor Young teaches constitutional law, federal courts, and foreign relations law. He is one of the nation's leading authorities on the constitutional law of federalism, having written extensively on the Rehnquist Court's "Federalist Revival" and the difficulties confronting courts as they seek to draw lines between national and state authority. He also is an active commentator on foreign relations law, where he focuses on the interaction between domestic and supranational courts and the application of international law by domestic courts. Professor Young also writes on constitutional interpretation and constitutional theory. He has been known to dabble in maritime law and comparative constitutional law.
A native of Abilene, Texas, Professor Young joined the Duke Law faculty in 2008, after serving as the Charles Alan Wright Chair in Federal Courts at the University of Texas at Austin School of Law, where he had taught since 1999. He graduated from Dartmouth College in 1990 and Harvard Law School in 1993. After law school, he served as a law clerk to Judge Michael Boudin of the 1st U.S. Circuit Court of Appeals (1993-94) and to Justice David Souter of the U.S. Supreme Court (1995-96). Professor Young practiced law at Cohan, Simpson, Cowlishaw, & Wulff in Dallas, Texas (1994-95) and at Covington & Burling in Washington, D.C. (1996-98), where he specialized in appellate litigation. He has also been a visiting professor at Harvard Law School (2004-05) and Villanova University School of Law (1998-99), as well as an adjunct professor at Georgetown University Law Center (1997).
Elected to the American Law Institute in 2006, Professor Young is an active participant in both public and private litigation in his areas of interest. He has been the principal author of amicus briefs on behalf of leading constitutional scholars in several recent Supreme Court cases, including Medellin v. Texas(concerning presidential power and the authority of the International Court of Justice over domestic courts) and Gonzales v. Raich (concerning federal power to regulate medical marijuana).
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
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.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
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.
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.
Former Deputy Attorney General for Virginia
Kennerly Davis has over forty years of experience in corporate management, public service, and the private practice of law. He has held senior executive positions in a Fortune 500 electric and gas company. He has served as Deputy Attorney General for the Commonwealth of Virginia, and as a legislative aide to a U.S. Senator and a U.S. Congressman. He practiced law for 25 years with Hunton Andrews Kurth LLP.
Davis is active in the Federalist Society as a member of the Regulatory Process Working Group of the Regulatory Transparency Project, and as a member of the Execuitve Committee of the Administrative Law and Regulation Practice Group. He is active in the national Alumni Free Speech Alliance, and involved in AFSA-chapter initiatives, including litigation, to publicize and correct the serious legal problems created by university Diversity, Equity, and Inclusion programs and the anonymous bias reporting systems used to enforce those DEI programs.
Davis writes and speaks on a wide variety of topics, including those related to the Founding of America, the natural rights foundation of our Republic, the constitutional rule of law, equal protection and free speech, DEI programs and bias reporting systems, capitalism, regulation and regulatory reform, and economic development. His articles have appeared in The Wall Street Journal, the Washington Examiner, the Richmond Times-Dispatch, The Federalist Society Review, the FedSoc Blog, Real Clear Energy, Townhall, the Daily Caller, reports of the Center for Strategic & International Studies, and other publications. He appears frequently on radio, podcasts, and television.
Davis graduated with honors from Cornell University with an A.B. degree in Government. He earned an M.A. degree from Pembroke College, Oxford, in Philosophy, Politics, and Economics. He was awarded a J.D. degree from Harvard Law School, and an M.B.A. degree from Virginia Commonwealth University.
Davis lives in Richmond, Virginia. He can be contacted by email: j.kendavis@verizon.net, and by phone: (804) 624-8525.
Partner, Gibson Dunn
Thomas H. Dupree, Jr. is a partner in the Washington, DC office of Gibson, Dunn & Crutcher. He is a member of the firm's litigation department and its Appellate and Constitutional Law practice group, and serves as the hiring partner for the DC office.
Mr. Dupree is an experienced trial and appellate advocate. He has argued more than 70 appeals in the federal courts, including in all thirteen circuits as well as the United States Supreme Court. He has represented clients throughout the country in a wide variety of trial and appellate matters, including cases involving punitive damages, class actions, product liability, arbitration, intellectual property, employment, and constitutional challenges to federal and state statutes.
In 2007, Mr. Dupree was appointed Deputy Assistant Attorney General. He served in the Civil Division at the U.S. Department of Justice from 2007 to 2009, ultimately becoming the Principal Deputy Assistant Attorney General. In that capacity, he served as the division's second-in-command, overseeing the more than 900 lawyers in the Civil Appellate, Commercial, Federal Programs and Torts branches, as well as the Office of Immigration Litigation and the Office of Consumer Litigation. Mr. Dupree was responsible for managing many of the government's most significant cases involving regulatory, commercial, constitutional and national security matters on behalf of virtually all of the federal agencies, the White House, and senior federal officials. Before being named the division's top deputy, Mr. Dupree ran its largest litigating branch, managing a staff of 280 lawyers.
Chambers and Partners named Mr. Dupree one of the leading appellate lawyers in the United States in 2012, 2013, 2014, 2015, and 2016. He received similar honors in 2010, when he was ranked as one of the top ten appellate litigators under age 40 by Law360. In 2009, the National Law Journal and Legal Times selected him as one of the top 40 lawyers under 40 in Washington, DC, as did Washingtonian magazine in 2006. Based on surveys of hundreds of corporate counsel, Mr. Dupree was named a "Client Service All-Star" by BTI Consulting Group in a 2013 report for his "overall legal prowess" and his "ability to deliver a plan of action that yields results."
Legal Times has called Mr. Dupree "no stranger to high-profile work." Among other things, he played a substantial role in the successful representation of George W. Bush before the United States Supreme Court in Bush v. Gore, and represented New England Patriots quarterback Tom Brady in challenging his "Deflategate" suspension.
In 2014, Mr. Dupree argued and won, by a unanimous 9-0 vote, a landmark personal jurisdiction case in the United States Supreme Court, Daimler AG v. Bauman. For this achievement, American Lawyer magazine named him Litigator of the Week, noting that he "won over both the liberal and conservative wings of the court."
Other matters Mr. Dupree has handled include:
Mr. Dupree appears frequently on national television as a legal analyst. He is a regular guest on Fox News Channel, and has appeared on "The O'Reilly Factor" and "The Kelly File," as well as on CNN's "Situation Room" and C-Span's "America & The Courts," among other programs. He has also been quoted in numerous print publications, including the New York Times, the Wall Street Journal, the Washington Post, the Los Angeles Times and many others, discussing legal issues and developments. Mr. Dupree has also testified before Congress on constitutional and separation-of-powers issues, including the President's authority to act through executive order.
Mr. Dupree graduated cum laude from Williams College, and with Honors from the University of Chicago Law School, where he served as an Editor of the University of Chicago Law Review. After law school, he clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit.