How Natural Law Informs Our Understanding of the Constitution
Natural law is the foundation upon which the spirit of the Constitution is built. Many...
Federalism & Separation of Powers Practice Group
Natural law is the foundation upon which the spirit of the Constitution is built. Many...
Mark Brnovich, Leslie C. Rutledge, Pam Bondi
Short video featuring Mark Brnovich, Leslie Rutledge, and Pam Bondi
What is the role of the state attorney general? How has it changed in recent...
Ever since the Supreme Court announced the Chevron doctrine (that agency interpretations would prevail unless...
The story of impeachment is a simple and straightforward one. So much so, in fact,...
Federalist Society Review, Volume 20
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Attorney, Separation of Powers, Pacific Legal Foundation
Josh Robbins is an attorney in Pacific Legal Foundation’s separation of powers group. He litigates cases to defend the structural protections of the U.S. and state constitutions that guarantee liberty for all Americans. He wants to help ensure Americans receive due process from the government when their lives and property are at stake and that the laws are made by our democratically elected representatives and not by unaccountable bureaucrats.
As an attorney in private practice, Josh saw firsthand how the government can embroil people (and even large corporations) in years-long legal battles. At PLF, he works to provide those without great resources an opportunity to vindicate their right to a properly ordered government, which is the right of all Americans.
Prior to joining PLF, Josh was an associate at a large law firm where he litigated cases in federal and state courts. He clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit in Houston.
Josh earned a B.A. in economics and international studies from Yale University and a J.D. from the University of Virginia School of Law. While at UVA, he served as an articles editor for the Virginia Law Review. He lives in Alexandria, Virginia, and enjoys hiking, swimming, and attending Washington Nationals games.
Josh is a member of the bar only in the states of Virginia and D.C.
Associate, Consovoy McCarthy PLLC
Ms. Bates assists clients with a variety of litigation and appellate matters that encompass constitutional law, administrative law, and commercial litigation. Before joining the firm, Ms. Bates was a law clerk to Judge Kyle Duncan of the U.S. Court of Appeals for the Fifth Circuit. She previously served as a Legal Policy Analyst at the Heritage Foundation, where she researched and wrote about the courts, judicial nominations, and various constitutional issues. She also co-hosted Heritage’s SCOTUS 101 podcast. She earned her B.A. magna cum laude in Politics from Hillsdale College, and her J.D. from the Antonin Scalia Law School at George Mason University. Ms. Bates is a member of the Virginia Bar.
Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
General Counsel, U.S. Department of Homeland Security
James H. Percival graduated from the University of California, Santa Barbara and the University of Virginia School of Law. Before his work at the Department of Homeland Security, he was Chief of Staff to then Florida Attorney General Ashley Moody. James previously served in a number of other roles for Attorney General Moody and as Senior Counsel at the U.S. Department of Justice. Before beginning his public service, James worked for a global law firm and clerked for Judge Emmett Ripley Cox of the U.S. Court of Appeals for the Eleventh Circuit. In between college and law school, James worked as a substitute teacher and as a missionary in South America.
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, 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.
Chief Justice, Supreme Court of Georgia
Chief Justice Nels Peterson was appointed to the Georgia Supreme Court in 2016, and was elected to full six-year terms in 2018 and 2024. He previously served in a variety of other roles in Georgia state government, including as judge on the Georgia Court of Appeals, general counsel for the University System of Georgia, Georgia’s first solicitor general in the Attorney General’s Office, and executive counsel to the Governor.
Before entering state government, Nels practiced at King & Spalding LLP in Atlanta and clerked for Chief Judge William H. Pryor Jr. of the United States Court of Appeals for the Eleventh Circuit. He is a graduate of Kennesaw State University and Harvard Law School. Nels and his wife Jennifer have two children and live in Cobb County, where they teach adult Sunday school at Johnson Ferry Baptist Church.
Vice President for Legal Affairs, Goldwater Institute
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.
Senior Research Fellow, Pembroke College, University of Oxford; Director, the Quill Project
Dr. Nicholas Cole (MA MPhil DPhil Oxf) studies the political thought of the eighteenth and early nineteenth century, and is working on a digitial project that looks at the way constitutions and treaties have been negotiated over the last two hundred years.
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.
Attorney General, Alaska
Stephen J. Cox serves as the 28th Attorney General of the State of Alaska, where he oversees the state’s legal affairs and serves as the chief prosecutor with oversight of all district attorneys, general counsel to the Governor and executive branch, and represents the State in all civil and criminal cases in federal and state court. He brings to the role a proven record of public service at the highest levels of the U.S. Department of Justice, combined with deep experience in Alaska’s private sector and community life.
Before his appointment, he was Senior Vice President, Chief Legal and Strategy Officer of Bristol Bay Industrial—an investment platform of the Bristol Bay Native Corporation—acting as the chief legal officer for the industrial services portfolio on behalf of the Alaska Native shareholders in the Bristol Bay region. In that role, he led legal, compliance, and strategic planning for major energy, infrastructure, and utility projects across the State and in the Lower 48.
Earlier in his career, beginning in 2011, Cox served as in-house counsel for Apache Corporation, where he was the principal attorney for Apache Alaska and focused on new ventures and exploratory work in Cook Inlet, including seismic initiatives and ongoing regulatory coordination with state agencies.
Cox is deeply rooted in Anchorage’s community and faith life. He and his family attend Holy Family Old Cathedral in downtown Anchorage and support Mission Alaska, the Dominican friars’ outreach ministry under the Western Dominican Province. He was the founding board president and chairman of a new classical school in South Anchorage.
On the national stage, Cox held senior leadership roles in the U.S. Department of Justice under the Trump Administration. As Deputy Associate Attorney General, he co-chaired the DOJ’s Regulatory Reform Task Force and the Working Group on Corporate Enforcement and Accountability, and helped implement landmark policies aimed at curbing regulatory overreach and aligning enforcement with fairness and oversight. Later, as U.S. Attorney for the Eastern District of Texas, he oversaw prosecutions and civil litigation spanning 43 counties, prioritizing healthcare fraud, elder fraud, and violent crime while ensuring enforcement remained transparent and fair.
Earlier in his career, Cox practiced complex litigation at a major international law firm, served as counselor to the Director of U.S. Immigration and Customs Enforcement, and helped lead the William H. Webster Commission, which reviewed FBI counterterrorism intelligence and operations following the Fort Hood tragedy.
He began his legal career with a clerkship for Judge J. L. Edmondson of the U.S. Court of Appeals for the Eleventh Circuit. Cox earned a B.S. in Computer Science from Texas A&M University and a J.D., summa cum laude, from the University of Houston Law Center. He and his wife, Cristina, are raising their three children in Anchorage, and have made Alaska their home.
Paul J. Schierl Professor of Law, University of Notre Dame Law School
Professor Richard W. Garnett teaches and writes in the areas of constitutional law, criminal law, the First Amendment, and law and religion. He is a leading authority on questions and debates regarding religious freedom and church-state relations, and is the founding director of Notre Dame Law School’s Program on Church, State, and Society.
Garnett clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold. He earned his J.D. from Yale Law School in 1995 and his B.A., summa cum laude, from Duke University in 1990. He joined the faculty in 1999 after practicing law in Washington, D.C. with Miller, Cassidy, Larroca & Lewin.
Editor-in-Chief, The Harvard Journal of Law and Public Policy
Sean Pigeon is a third-year law student from Texas, who graduated with honors from Yale in 2021. Before law school, he worked for the Manhattan Institute and National Review. He spent his last two summers at Vartabedian, Hester & Haynes, where he will return after clerking for the Texas Supreme Court and the Fifth Circuit Court of Appeals.
J.D. Candidate, Notre Dame Law School
Savannah Shoffner is a third-year law student at Notre Dame Law School. She graduated from Oklahoma Baptist University in 2023 with majors in Mathematics and History. During law school, she served as a Managing Senior Editor on the Notre Dame Law Review, as an oralist on the Constitutional Law Moot Court team, and as a student fellow in the school’s Religious Liberty Clinic. Savannah interned with the Alliance Defending Freedom during her 1L summer and spent her 2L summer at Sidley Austin in Washington, D.C. Following graduation, she will clerk for Judge Patrick Bumatay on the U.S. Court of Appeals for the Ninth Circuit.
Attorney, Competitive Enterprise Institute
Devin Watkins is an attorney at the Competitive Enterprise Institute. Devin Watkins previously worked at the Cato Institute as a legal associate and interned at the Institute for Justice. At the Cato Institute, Watkins worked on a variety of Supreme Court cases, and one of the briefs he worked on was cited by the Court. His op-eds have appeared in National Review Online, The Hill, Time, and The Federalist among others.
Watkins holds a Juris Doctor cum laude from George Mason University's Antonin Scalia Law School, where he was the development editor on the Mason Law Review. Prior to his legal career Watkins was a senior software developer at Intel and WebMD. He graduated with a Bachelor of Science in Computer Science from Stevens Institute of Technology in Hoboken, New Jersey.
Watkins is a member of the Virginia State Bar, the District of Columbia Bar, the U.S. District Court for the District of Columbia Bar, and the U.S. Court of Appeals for the District of Columbia Circuit Bar.
Former Attorney General, State of Arizona
Mark Brnovich served as Arizona's 26th Attorney General from 2015 to 2023. He was first inaugurated in 2015, and again in 2019 after winning re-election. Mark has spent most of his professional life serving as a prosecutor at the local, state, and federal levels. Mark met his wife Susan while they both worked as prosecutors for the Maricopa County Attorney's office. Mark worked in the Gang/Repeat Offender Unit and prosecuted many difficult and high profile cases from 1992 to 1998. He then went on to work as an Assistant Attorney General with the Arizona Attorney General's Office from 1998 to 2003, where he developed an expertise in gambling law. Brnovich later went on to serve as an Assistant United States Attorney for the District of Arizona where he prosecuted public integrity crimes, as well as crimes occurring in Indian Country.
Brnovich has also been a Judge Pro Tem of Maricopa County Superior Court, a Command Staff Judge Advocate in the U.S. Army National Guard, the Director for Constitutional Government at the Goldwater Institute, and the Director of the Arizona Department of Gaming, a law enforcement agency that investigates illegal gambling activity, as well as working with tribal regulators to ensure the integrity of tribal gaming.
Brnovich is known for restoring public confidence in the office of "Arizona's Top Cop" and for assembling some of the nation's most talented public servants for his administration. Mark argued at the United States Supreme Court in defense of the "one-person, one-vote" principle, was featured on 60 Minutes in defense of capital punishment, and has initiated national public education efforts to combat human sex trafficking.
Brnovich has been recognized by the National Federation of Independent Business as a "Champion of Small Business." and was elected by his bi-partisan colleagues to serve as the Chairman of the Conference of Western Attorneys General.
Mark's wife Susan was recently appointed by the United States Senate to serve as a U.S. District Judge for the District of Arizona. He has two teenage daughters and lives in Phoenix.
Attorney General, State of Arkansas
Leslie Carol Rutledge is the 56th Attorney General of Arkansas. She was sworn into office in 2015 and is the first woman and first Republican in Arkansas history to be elected to the office. She was re-elected to a second term in 2018.
An Arkansas lawyer who has spent her entire career in public service, Rutledge is a former prosecutor, and her law practice focused on administrative law, state and local government and election law.
A seventh generation Arkansan, Rutledge grew up on a cattle farm and attended school at the Southside School District in Independence County. From her mother, an elementary school teacher, and her father, a lawyer and a judge, Rutledge learned the importance of hard work and service.
She graduated from the University of Arkansas and the University of Arkansas at Little Rock William H. Bowen School of Law. Rutledge is admitted to practice law in Arkansas, Washington D.C. and before the U.S. Supreme Court.
Rutledge began work in the Arkansas Court of Appeals clerking for Judge Josephine Hart, now Associate Justice on the Arkansas Supreme Court. Rutledge served as Deputy Counsel in the Office of Governor Mike Huckabee advising state agencies including: Oil and Gas Commission, Public Service Commission, Insurance Department, Real Estate Commission, Bank Department, and dozens of smaller state agencies and departments. She served as Deputy Prosecuting Attorney in Lonoke County handling felony cases and as Attorney for Arkansas's Division of Children and Family Services advocating for the best interest of our most vulnerable.
During her time in Washington, D.C., Rutledge was Deputy Counsel for the Mike Huckabee for President campaign, Deputy Counsel at the National Republican Congressional Committee and Counsel for the Republican National Committee including the 2012 Presidential campaign.
Her service has extended to community organizations including the Junior League, Alpha Delta Pi Alumni, National Rifle Association and Women in Networking in Central Arkansas. Rutledge is a member of the Arkansas Bar Association, UALR Bowen School of Law Alumni Board, Federalist Society and Republican National Lawyers Association.
Attorney General Rutledge believes face-to-face conversations lead to real solutions. To make the office more accessible, she hosts Mobile Offices in all 75 counties.
Her priorities have included educating Arkansans on consumer protection, internet safety and dating violence; leading efforts to combat the opioid epidemic; supporting military and veteran families; and making the office a top law firm in the state.
She also created Metal Theft Prevention and Cooperative Disability Investigations programs to stop fraud.
Rutledge leads multi-state issues to include serving on the Republican Attorneys General Association Executive Committee, as Chair of the National Association of Attorneys General Southern Region, and as Co-chair of the National Association of Attorneys General Committee on Agriculture.
Rutledge and her husband, Boyce, have one daughter. The family has a home in Pulaski County and a farm in Crittenden County.
Partner, Ballard Partners
Pam Bondi, elected twice to serve as Florida’s Attorney General from 2011 – 2019, chairs the firm’s Corporate Regulatory Compliance practice. This national practice area focuses on serving Fortune 500 companies to implement best practices that proactively address public policy challenges such as human trafficking, opioid abuse and personal data privacy. As chair of the Corporate Regulatory Compliance practice, Pam works with clients to design and implement publicly conscious initiatives that will elevate their corporate responsibility reputation as well as address their critical regulatory challenges.
Bondi was one of Florida’s most accomplished Attorneys General and earned a reputation among her colleagues as one of the toughest law enforcement officials in the country. During her tenure as Attorney General of Florida, Bondi undertook dozens of major state and national initiatives, including filing the most comprehensive state litigation regarding the national opioid crisis. She played a leading role in achieving the National Mortgage Settlement that ultimately resulted in $56 billion in total relief nationally. In a tremendous victory for Florida, Bondi sued BP and other responsible parties in the Deepwater Horizon Oil Spill case and settled for more than $2 billion in economic relief for Florida alone.
Since 2011, Bondi worked aggressively to shut down pill mills, combat opioid abuse, ban synthetic drugs, end human trafficking, test previously unprocessed sexual assault kits, develop a school safety app to prevent school shootings, recover more than $1 billion in consumer protection, antitrust, and false claims matters (not counting the National Mortgage Settlement and BP), obtain more than $870 million in settlements and judgments through the Medicaid Fraud Control Unit, supervise the prosecution of hundreds of multi-judicial circuit criminal cases, defend Florida’s laws and constitution, and guard against federal overreach.
She has served on numerous boards, including: President’s Commission on Combatting Drug Addiction and the Opioid Crisis; Chair, Florida Statewide Council on Human Trafficking; Co-chair of the Substance Abuse Committee for the National Association of Attorneys General; and the Florida Constitutional Revision Commission.
Pam has also received numerous awards and accolades, including: the 2017 U.S. Department of Health and Human Services Award for Excellence in Fighting Fraud, Waste, and Abuse; the
2018 Florida Prosecuting Attorneys Association Furtherance of Justice Award; 2018 Drug Free America Lifetime Achievement Award; 2013 Independent Colleges and Universities of Florida Champion of Independent Education in Florida; and the 2012 National Association of Attorneys General President’s Award.
Bondi is a fourth-generation Floridian who spent more than 18 years as a prosecutor, trying cases ranging from domestic violence to capital murder. With her successful first-time run for office in 2010, Bondi became the first female Attorney General in Florida’s history.
Partner, Marzulla Law
Roger J. Marzulla is one of the nation’s leading environmental, water, and property lawyers. As Assistant Attorney General in charge of the U.S. Justice Department’s Environment and Natural Resources Division, Roger learned first hand the operations and litigation styles of his client agencies: EPA, Interior Department, Bureau of Reclamation, Fish and Wildlife Service, National Marine Fisheries Service, Department of Transportation, Department of Commerce. In 1997, he co-founded Marzulla Law, where he brings to bear more than 35 years of expertise representing companies and individuals in industries as diverse as land and project development, aerospace, chemicals, oil and gas, mining, timber, manufacturing, computers, agriculture and water service.
Roger began his legal career as a trial lawyer in San Jose, California, after graduating magna cum laude from the University of Santa Clara School of Law. As a partner in Matthews & Marzulla he represented developers, title and construction companies, shopping centers, apartment owners and lenders in litigation throughout California. In 1981 he moved to Denver to become President of Mountain States Legal Foundation, litigating environmental and natural resource cases across the West.
In 1983 Roger joined the Justice Department as Special Litigation Counsel. He was subsequently promoted to Deputy Assistant Attorney General and, in 1987, was confirmed by the Senate as Assistant Attorney General in charge of the Environment and Natural Resources Division. At the Justice Department, Roger helped create litigation strategies for government programs as diverse as Superfund, the Clean Air Act, off-shore oil leasing, environmental crimes, federal facility clean-up, wetlands, endangered species and hazardous waste enforcement, as well as Presidential Order EO 12,630 (Government Interference with Private Property Rights).
In 1989 Roger returned to private law practice, successively heading the environmental law practices of the Powell, Goldstein and Akin, Gump law firms.
Since 1997, as a partner in Marzulla Law, Roger has continued to represent corporate and business clients in a wide array of environmental and property issues in courts across the country, frequently in litigation against the United States. He also assists clients in attaining compliance with environmental, health and safety regulation, and in avoiding risks in transactions.
Akhil Rajasekar is a student of constitutional law and constitutional theory at Princeton University and founder of the Princeton Federalist Society. He is a legal aide on the Senate Judiciary Committee.
Judge, United States Court of Appeals, Ninth Circuit
Judge O’Scannlain was appointed United States Circuit Judge for the Ninth Circuit by President Reagan on September 26, 1986. He received a J.D. degree in 1963 from Harvard Law School and a B.A. in 1957 from St. John’s University. He also earned the LL.M. (Judicial Process) degree at University of Virginia Law School in 1992. He was awarded the LL.D. (honoris causa) degree by the University of Notre Dame in 2002, the LL.D. (honoris causa) degree by Lewis & Clark College in 2003 and the LL.D. (honoris causa) degree by the University of Portland in 2011.
As a judge on the U.S. Court of Appeals for the Ninth Circuit, Judge O’Scannlain has participated in over 6,000 federal cases and has written hundreds of published opinions on a broad range of subjects including constitutional law, international law, securities law, administrative law, and criminal law. He hears appeals in San Francisco (court headquarters), as well as in Los Angeles (Pasadena), Portland, Seattle, Anchorage and Honolulu. The late Chief Justice Rehnquist appointed Judge O'Scannlain to the Federal Judicial Center's Advisory Committee on Appellate Judge Education. In 2009, Chief Justice Roberts appointed Judge O’Scannlain to the International Judicial Relations Committee of the U.S. Judicial Conference and subsequently appointed him Chairman in 2010.
President George W. Bush appointed Judge O’Scannlain to the Board of Trustees of the James Madison Memorial Fellowship Foundation in 2004. Pope Benedict XVI conferred the Order of Saint Gregory the Great on Judge and Mrs. O’Scannlain in 2007.
Judge O’Scannlain’s professional interests also include judicial administration and reform, and continuing legal education. Judge O’Scannlain is former Chair of the Judicial Division of the American Bar Association and has previously chaired the ABA’s Appellate Judges Conference, its Committee on Appellate Practice, and its 9th Appellate Practice Institute. He has testified before the Senate Judiciary Committee on several occasions, the House Judiciary Subcommittee on Courts and Intellectual Property, and the Commission on Structural Alternatives for the Federal Courts of Appeals on the subject of court reorganization. In addition to serving as a faculty member at numerous federal appellate practice seminars for judges and attorneys, including New York University Law School’s Institute for Judicial Administration, Judge O’Scannlain is an Adjunct Professor at Lewis & Clark Law School where he teaches a seminar on the Supreme Court. He has served as a Moot Court Judge at distinguished law schools across the United States including Harvard, Yale Stanford, Boalt Hall (Berkeley Law), Virginia, Cornell, Notre Dame, Fordham, Alabama, University of Southern California, King Hall (U.C. Davis) and Loyola Marymount University and in China at Xiamen and Renmin Universities.
Between graduation from Harvard and investiture as a federal judge, Judge O’Scannlain was primarily engaged in private law practice. Between 1969 and 1974, he was consecutively the Deputy Attorney General of Oregon, the Public Utility Commissioner of Oregon, and Director of the Oregon Department of Environmental Quality. He retired from the U.S. Army Reserve in 1978 as a Major after 23 years Reserve and National Guard service, including four years as an enlisted man.
A first generation Irish-American son of immigrant parents from Sligo and Derry, Judge O’Scannlain is married to the former Maura Nolan and has eight children: Sean, Jane, Brendan, Kevin, Megan, Christopher, Anne, and Kate, and nineteen grandchildren. His chambers are in the Pioneer Courthouse in Portland, Oregon.