Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Biography
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Casey Mattox is Vice President for Legal Strategy at Stand Together and Senior Advisor at Americans for Prosperity. In these roles he advocates for and creates strategies and partnerships to ensure a constitutionally limited government that protects the civil liberties of all Americans. Prior to joining Stand Together and AFP Casey’s legal career focused on defending the First Amendment rights of students, faculty, healthcare workers and religious organizations. Casey has a J.D. from Boston College School of Law and an undergraduate degree from the University of Virginia. You can find him on Twitter at @CaseyMattox_ and on LinkedIn at @Casey-Mattox-ST.
Senior Attorney, National Taxpayers Union Foundation
Biography
Tyler Martinez is a Senior Attorney at the Taxpayer Defense Center, the strategic litigation arm of National Taxpayers Union Foundation. He has experience setting up nonprofit public interest arms for multiple organizations in the Washington, DC area and thus has experience in First Amendment, Tax, and Administrative Law. He has practiced strategic litigation against government overreach since 2011, handling federal and state cases across the country.
Tyler’s interest in strategic public interest work and in tax law comes down to the simple principle: getting the government out of people’s business. Transparency is for the government, but privacy is for the people. He finds and focuses on examples of government overreach particularly those involving use of private information, dragnet data collection, and other attacks on privacy of association.
Tyler earned his Juris Doctor from the University of Colorado Law School, while winning accolades for his advocacy skills and serving as Executive Editor of the Journal on Telecommunications and High Technology Law. He is licensed to practice law in Colorado and the District of Columbia. He is further admitted to the bars of the following federal courts: Supreme Court of the United States, D.C. Circuit, First Circuit, Second Circuit, Third Circuit, Fourth Circuit, Fifth Circuit, Eighth Circuit, Tenth Circuit, and various federal district courts across the country.
Erica Smith is a senior attorney with the Institute for Justice. She joined IJ in August 2011 and litigates cutting-edge constitutional cases protecting economic liberty, school choice, and free speech in federal and state courts.
Erica’s economic liberty work has a special focus on “food freedom.” Erica won Wisconsin home bakers the constitutional right to legally sell their goods in Kivirist v. Wisconsin Department of Agriculture. As a result, hundreds of home bakers across the state can now sell their cookies, cakes, and muffins without fear of fines or jail time. Erica also successfully defended the rights of home bakers and canners to fight against Minnesota’s arbitrary restrictions on selling their goods in Astramecki v. Minnesota Department of Agriculture. Erica is currently suing New Jersey—the last state to have a ban on selling homemade food. Erica’s legislative activities have also helped change the homemade food laws of several states.
Erica’s educational choice work gives parents the opportunity to guide the education of their children. She was the lead attorney representing families in Asociación de Maestros v. Departamento de Educación, where she persuaded the Puerto Rico Supreme Court to reject a teachers union’s challenge to the Commonwealth’s new voucher program. Erica was also part of the winning teams that protected both Georgia and New Hampshire’s tax-credit scholarship programs at the state supreme courts in Gaddy v. Georgia Department of Revenue and Duncan v. State of New Hampshire. She is currently fighting to protect Montana’s school choice program at the U.S. Supreme Court. In addition, Erica testifies as to the constitutionality of other educational choice programs across the country.
Erica’s free speech work includes her successful defense of a family’s right to use signs to advertise its gym in Fears v. City of Sacramento. She was part of the team that successfully defended Central Radio Company’s right to protest the illegal taking of its land in Central Radio Co. v. City of Norfolk. Most recently, Erica won the right of a family-owned video game store to advertise using a 9-foot inflatable Mario in Fisher v. Town of Orange Park.
Erica has appeared on CBS Sunday Morning, CBS This Morning, and Fox & Friends, and her writing has been published in the Washington Times, New York Post, Times-Free Press, The Virginian-Pilot, National Law Journal, and Federalist Society Review. She has also been quoted in media outlets across the nation, including the New York Times and Washington Post.
Before joining IJ, Erica served as a law clerk for the Honorable Terrence Boyle of the U.S. District Court for the Eastern District of North Carolina.
Erica received her law degree cum laude from the University of Pennsylvania Law School in 2010. Erica received her undergraduate degree summa cum laude from Stony Brook University’s Honors College in 2007, where she studied literature and journalism.
Judge, United States Court of Appeals, Tenth Circuit
Biography
Judge Tymkovich, of Denver, Colorado, was nominated to the Tenth Circuit Court of Appeals by President George W. Bush, and confirmed in April 2003. On October 1, 2015 he became Chief Circuit Judge and held this position until October 2022. He was Chair of the US Judicial Conference’s Committee on Judicial Resources from 2011 to 2015. Since 2008 he has been an adjunct professor of law at the University of Colorado School of Law, teaching Election Law. He is a member of the Doyle Inn of Court, the American Law Institute, and the International Society of Barristers. Since he joined the Circuit, Judge Tymkovich has hosted judicial delegations from Russia, Kazakhstan, and Afghanistan, and has also represented the United States in programs at Kiev and Yalta in Ukraine.
Keith E. Whittington is the David Boies Professor of Law at Yale Law School. He is the faculty director of the Center for Academic Freedom and Free Speech at Yale. Prior to joining Yale, Professor Whittington was the William Nelson Cromwell Professor of Politics at Princeton University. He writes about American constitutional law, politics and history and American political thought. He has been a visiting professor at the University of Texas School of Law, is a member of the American Academy of the Arts and Sciences, and served on the Presidential Commission on the Supreme Court of the United States. He did his undergraduate work at the University of Texas at Austin and completed his Ph.D. in political science at Yale University. His books include Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review. His most recent books include You Can't Teach That! The Battle over University Classrooms and Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present.
Maurice and Hilda Friedman Professor of Law, Columbia Law School; CEO, New Civil Liberties Alliance
Biography
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School, and Chief Executive Officer at the New Civil Liberties Alliance. Before coming to Columbia, he was the John P. Wilson Professor at the University of Chicago Law School.
He writes on constitutional law and its history—with particular emphasis on religious liberty, freedom of speech and the press, judicial office, administrative power, and unconstitutional conditions.
His books are Separation of Church and State (Harvard 2002), Law and Judicial Duty (Harvard 2008), Is Administrative Law Unlawful? (Chicago 2014), The Administrative Threat (Encounter 2017), and Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (Chicago 2018). A forthcoming book is Purchasing Submission: Conditions, Power, and Freedom (Harvard 2021).
He is a member of the American Academy of Arts and Sciences, and he has served on the board of directors of the American Society for Legal History. He has twice received the Sutherland Prize for the most significant contribution to English legal history, and has been awarded the Henry Paolucci - Walter Bagehot Book Award, the Hayek Book Prize, and the Bradley Prize.
Donald B. Cameron, Jr. is a Partner in Morris, Manning, & Martin’s International Trade practice. He has over three decades of experience representing multinational businesses, foreign governments, foreign trade associations and U.S. importers in litigation under U.S. antidumping, countervailing duty, and safeguards law. He also advises clients from around the globe in international trade disputes and market access issues, and has particular experience defending clients in industry sectors that are politically sensitive. Mr. Cameron has represented foreign producers and importers in sectors such as footwear, lumber, textiles, electronic products, and steel products. He practices regularly before the U.S. Department of Commerce, the U.S. International Trade Commission, the Office of the U.S. Trade Representative, the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit.
Mr. Cameron has extensive experience representing private-sector interests and governments in dispute settlement proceedings before the World Trade Organization (WTO) and its predecessor, the General Agreement on Tariffs and Trade (GATT) in Geneva, and has argued on behalf of clients before the WTO Panels and WTO Appellate Body. He has also defended clients in North American Free Trade Agreement (NAFTA) Chapter 19 proceedings and has argued before NAFTA Panels. Mr. Cameron also advised the Government of Korea in the successful WTO challenges to the U.S. safeguard actions on line pipe and certain steel products (AB-2001-9 and AB-2003-3).
As counsel for foreign manufacturers, Mr. Cameron has also advised and assisted foreign governments in a variety of bilateral and multilateral trade negotiations, most prominent being the steel Voluntary Restraint Arrangements negotiations, bilateral subsidies negotiations and the OECD shipbuilding negotiations.
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
U.S. Department of Commerce, International Trade Administration, Assistant Secretary of Commerce for Enforcement and Compliance
Biography
Jeffrey I. Kessler was confirmed unanimously by the U.S. Senate on April 3, 2019 and assumed his position as Assistant Secretary of Commerce for Enforcement and Compliance on April 11, 2019. In his role, Mr. Kessler administers U.S. antidumping and countervailing duty laws, works to ensure foreign compliance with trade agreements, supports the negotiation and implementation of international trade agreements to open foreign markets, and administers the Foreign Trade Zones program – all with the goal of promoting U.S. jobs and economic growth.
Prior to joining the Department of Commerce, Mr. Kessler worked as an international trade attorney in private practice. In that capacity, Mr. Kessler advised leading global companies and U.S. industry associations on a wide range of high-profile, cutting-edge international trade, investment, and market access issues. Mr. Kessler was also involved in litigating several precedent-setting World Trade Organization cases, with successful challenges to foreign country trade practices that restrict billions of dollars of international trade per year, as well as successful defenses of U.S. trade practices.
Mr. Kessler also assisted U.S. companies and industry associations – especially those in innovative, IP-intensive industries – to decipher and navigate foreign trade and investment barriers. Mr. Kessler earned a BA magna cum laude from Yale University, an MA from the University of Chicago, and an JD and MA from Stanford University, where he was an Articles Editor of the Stanford Law Review and a John M. Olin Law and Economics fellow. Additionally,
Mr. Kessler is a member of the American Bar Association and a Term Member of the Council on Foreign Relations. Mr. Kessler resides in Arlington, Virginia with his wife Bethany and their two daughters, Lucy and Diana.
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.
Wilbur L. Ross, Jr. was sworn in by Vice President Mike Pence as the 39th Secretary of Commerce on February 28, 2017. Secretary Ross is the principal voice of business in the Trump Administration, ensuring that U.S. entrepreneurs and businesses have the tools they need to create jobs and economic opportunity.
Secretary Ross is the former Chairman and Chief Strategy Officer of WL Ross & Co. LLC and has over 55 years of investment banking and private equity experience. He has restructured over $400 billion of assets in the airline, apparel, auto parts, banking, beverage, chemical, credit card, electric utility, food service, furniture, gypsum, homebuilding, insurance, marine transport, mortgage origination and servicing, oil and gas, railcar manufacturing and leasing, real estate, restaurant, shipyard, steel, textile and trucking industries. Secretary Ross has been chairman or lead director of more than 100 companies operating in more than 20 different countries.
Named by Bloomberg Markets as one of the 50 most influential people in global finance, Secretary Ross is the only person elected to both the Private Equity Hall of Fame and the Turnaround Management Hall of Fame. He previously served as privatization adviser to New York City Mayor Rudy Giuliani and was appointed by President Bill Clinton to the board of the U.S.-Russia Investment Fund. President Kim Dae-jung awarded Secretary Ross a medal for helping South Korea during its financial crisis and, in November 2014, the Emperor of Japan awarded him the Order of the Rising Sun, Gold and Silver Star.
As a philanthropist, Secretary Ross has served as Chairman of the Japan Society, Trustee of the Brookings Institution and Chairman of its Economic Studies Council, International Counsel Member of the Musée des Arts Décoratifs in Paris, Trustee of the Blenheim Foundation, President of the American Friends of the Rene Magritte Museum in Brussels and Director of the Palm Beach Civic Association. He also was an Advisory Board Member of Yale University School of Management.
Secretary Ross is a graduate of Yale University and Harvard Business School (with distinction). He and his wife Hilary Geary Ross have four children, Jessica Ross, Amanda Ross, Ted Geary and Jack Geary.