Updated: The (re)Emerging Bipartisan Consensus against Torture
Several presidential candidates have been asked recently whether, if elected, they would consider bringing back...
Federalism & Separation of Powers Practice Group
Several presidential candidates have been asked recently whether, if elected, they would consider bringing back...
Jörg Fedtke, Wayne A. Abernathy
In the latest episode in a decade-long saga of efforts to involve them in the...
Mary Beth Buchanan, Jan Crawford, Zach Mayo
President Obama announced that the United States and eleven other nations around the Pacific had...
John Lott, Anthony M. Deardurff
Following on the cert grants from late last week, the Supreme Court issued another order...
Neal K. Katyal, Gail L. Heriot, John P. Elwood, John F. Stinneford, Edward Whelan, Adam Liptak
Co-Sponsored by the Faculty Division and the Practice Groups
October 5th will mark the first day of the 2015 Supreme Court term. Thus far,...
Solicitor General of Nebraska
Cody Barnett previously served as legal counsel on Alliance Defending Freedom’s Appellate Advocacy Team, where he represented various ADF clients before appellate courts across the country.
Before joining ADF, Barnett served as the William H. Rehnquist Fellow at Cooper & Kirk PLLC. He then went on to clerk for the Honorable Amul R. Thapar and the Honorable Raymond M. Kethledge, both of the U.S. Court of Appeals for the 6th Circuit, and for the Honorable Justin R. Walker of the U.S. Court of Appeals for the District of Columbia.
Barnett earned his J.D. from the University of Kentucky College of Law in 2017, where he graduated first in his class. He also served as president of the Christian Legal Society and as an articles editor for the Kentucky Law Journal. He completed ADF’s Blackstone Legal Fellowship in 2017. Prior to law school, Barnett earned a Bachelor of Arts in both history and political science from Transylvania University.
Barnett is admitted to practice law in Kentucky, the District of Columbia, and before several U.S. Courts of Appeal.
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.
Vice President for Legal Strategy, Stand Together
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.
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
Professor; Associate Dean of Faculty Development and Curriculum, School of Civic Life and Leadership, The University of North Carolina at Chapel Hill
DiSalvo’s research focuses on American political parties, elections, labor unions, state government, and public policy. He is the author of Engines of Change: Party Factions in American Politics, 1868–2010 (Oxford) and Government Against Itself: Public Union Power and Its Consequences (Oxford). His scholarly work has appeared in Political Science Quarterly, Policy Studies Journal, Political Research Quarterly, and American Political Thought.
DiSalvo also writes for popular outlets including The New York Times, The Wall Street Journal, The Atlantic Monthly, National Affairs, City Journal, The Los Angeles Times, and The New York Daily News. He previously co-edited The Forum: A Journal of Applied Research in Contemporary Politics and serves on the editorial board of the Journal of Policy History. He has held visiting appointments at Princeton University’s James Madison Program, the CUNY Graduate Center, and Universidad de Los Andes.
Senior Fellow; Beth and Ravenel Curry Chair in Public Policy; Director, Social, Cultural, and Constitutional Studies, American Enterprise Institute
Yuval Levin is the director of Social, Cultural, and Constitutional Studies at the American Enterprise Institute (AEI), where he also holds the Beth and Ravenel Curry Chair in Public Policy. The founder and editor of National Affairs, he is also a senior editor at The New Atlantis, a contributing editor at National Review, and a contributing opinion writer at New York Times.
Dr. Levin served as a member of the White House domestic policy staff under President George W. Bush. He was also executive director of the President’s Council on Bioethics and a congressional staffer at the member, committee, and leadership levels.
In addition to being interviewed frequently on radio and television, Dr. Levin has published essays and articles in numerous publications, including Wall Street Journal, Washington Post, The Atlantic, and Commentary. He is the author of several books on political theory and public policy, most recently American Covenant: How the Constitution Unified Our Nation – and Could Again (Basic Books, 2024).
He holds an MA and PhD from the Committee on Social Thought at the University of Chicago.
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.
Chief Deputy Solicitor General, Director of the Tenth Amendment Center, Ohio Attorney General's Office
John serves in the Office of the Solicitor General as a Deputy Solicitor General and as the Director of the Tenth Amendment Center. In his role, John monitors federal actions, orders, statutes, and regulations for potential overreach and advises the Solicitor General about potential actions to protect the interests of the State of Ohio. John works in both state and federal courts, including the U.S. Supreme Court, the U.S. Courts of Appeals, and the Ohio Supreme Court.
John previously practiced as a litigator at two large law firms in Columbus. He clerked for Judge Joseph Hood on the U.S. District Court for the Eastern District of Kentucky and Judge Eugene Siler for the U.S. Court of Appeals for the Sixth Circuit.
Senior Fellow in Executive Power, Cato Institute
Molly Nixon is a senior fellow at the Cato Institute, where she focuses on the scope, use, and history of executive power as well as its limits under the Constitution. Molly was previously an attorney with Pacific Legal Foundation’s separation of powers practice, where she litigated cases challenging congressional delegations of legislative power and executive branch overreach. Before that, she served as an Attorney-Advisor at the Department of the Interior and as Legislative Counsel for Congressman Justin Amash.
Molly holds a J.D. from New York University School of Law and a B.A. in History and International Relations from Boston University. She clerked for the U.S. District Court for the District of Alaska and practiced law at a firm in New York City for several years before moving to Washington, D.C.
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.
Executive Director, Alliance For Consumers; President & CEO, American Juris Link
O.H. Skinner is the President & CEO of American Juris Link, a nonprofit dedicated to accelerating nonprofit litigation to advance freedom, liberty, and the rule of law. O.H. has a long track record in facilitating strategic nonprofit litigation in his role as the Executive Director at Alliance For Consumers as well as from his time serving Arizona Attorney General Mark Brnovich in senior positions, including as Arizona Solicitor General. O.H. is a graduate of the University of Pennsylvania and Harvard Law School. Prior to joining the Arizona Attorney General's Office, O.H. practiced at WilmerHale and Ropes & Gray in Boston, and clerked for the Hon. J.L. Edmondson of the United States Court of Appeals for the Eleventh Circuit. In 2023, O.H. was a Wasserstein Public Interest Fellow at Harvard Law School, where he counseled students as a Harvard-identified “outstanding public interest attorney.”
Partner, Morgan, Lewis & Bockius LLP
Michael Edney defends executives and corporations in criminal prosecutions and agency enforcement actions, successfully challenging numerous regulatory agencies—from the Justice Department to the US Securities and Exchange Commission and the US Commodity Futures Trading Commission, among others—against federal government overreach. Many of the regulations Mike has convinced the courts to reverse would have arbitrarily ended hundreds of businesses absent the courts’ intervention. He has also successfully challenged government decisions to break contracts and end projects in cooperation with private industry.
In addition to his criminal defense practice, Mike regularly brings actions challenging government agency regulations as illegal and unconstitutional before they are enforced. He has sued government agencies and reversed their attempted regulations seeking to upend the energy, financial, and tobacco industries.
His civil litigation practice spans beyond anti-regulatory suits. He has brought some of the leading First Amendment cases in the country. On behalf of The Washington Free Beacon, he vindicated the publication’s First Amendment right to access sealed court records before the Arizona Supreme Court. He has defended corporations in bet-the-company litigation concerning securities, environmental, employment, and fair housing. He has represented states at the request of their governors. He has repeatedly served as counsel for former Attorneys General of the United States when they appear as amici curiae before the Supreme Court.
Mike also represents clients on numerous national security matters, including the Classified Information Procedures Act, the Foreign Agent Registration Act, matters before the Committee on Foreign Investment in the United States, government cybersecurity investigations into companies regarded as critical national infrastructure, the handling of classified information by government contractors, and prepublication review of books authored by former government officials for sensitive and classified information.
His private practice draws from a half decade of prior government service. During the administration of former President George W. Bush, he served as deputy legal advisor to the National Security Council at the White House and in the Office of Legal Counsel at the United States Department of Justice, where he helped the administration address many legal issues pertaining to the United States' post-9/11 campaign against terrorism.
Before joining Morgan Lewis, Mike was a litigation partner at another global law firm.
Non-Resident Senior Fellow, Reiss Center on Law and Security at NYU School of Law
Christopher Fonzone is a Non-Resident Senior Fellow at the Reiss Center on Law and Security at NYU School of Law. Fonzone served as the Assistant Attorney General for the Office of Legal Counsel (OLC) at the Department of Justice from 2023 to 2025. OLC, by delegation from the Attorney General, provides written opinions and other legal advice to the President and all executive branch agencies on a wide range of issues, with a focus on matters of particular complexity or importance, including sensitive national security matters.
Fonzone previously held a number of other government roles. From 2021 to 2023, he was the General Counsel of the Office of the Director of National Intelligence. During the Obama Administration, Fonzone was Deputy Assistant and Deputy Counsel to President Obama and the Legal Adviser to the National Security Council (NSC). And earlier in his career, Fonzone was Special Counsel to General Counsel of the Department of Defense and served in career roles at the Department of Justice, both at OLC and on the Civil Division’s Appellate Staff. Fonzone also served as a Member on the J. William Fulbright Foreign Scholarship Board from 2017 to 2019.
Outside of government, Fonzone is currently a Member of Anthropic’s National Security and Public Sector Advisory Council, where he supports the identification and development of AI applications that strengthen U.S. capabilities in key areas and assists in the development of industry-leading standards to promote a “race to the top” for responsible national security AI solutions. He was also the lead national security counsel to the Biden-Harris Transition, and a partner in Sidley Austin’s Privacy and Cybersecurity group, with a practice that focused on a wide range of issues related to information technology and cybersecurity.
Fonzone has lectured and taught classes on national security law at a variety of law schools, and his writing on national security and other legal topics has been published in a variety of forums, including the Washington Post, Newsweek, Lawfare, and Just Security.
Senior Legal Fellow, Courts and the Constitution, Legal Policy Center, The Heritage Foundation
Zack is a Senior Legal Fellow of Courts and the Constitution at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
A.N. Yiannopoulos Professor in Comparative Law, Tulane University Law School
Wayne A. Abernathy, Wild Bells
Wayne A. Abernathy is a former U.S. Treasury Assistant Secretary for Financial Institutions under President George W. Bush, receiving the Alexander Hamilton Award in recognition of his service. In that office he was also a member of the Board of Directors of the Securities Investor Protection Corporation. Prior to his work at the Treasury, Mr. Abernathy served as Staff Director of the Senate Banking Committee, under Chairman Phil Gramm.
Following his service at the Treasury, Mr. Abernathy worked for 15 years on the staff of the American Bankers Association, as Executive Vice President for Financial Institutions Policy and Regulatory Affairs.
Previous experience with the Senate Banking Committee includes serving as Staff Director of the Subcommittee on Securities during 1995-1998. From 1989 until 1994, Mr. Abernathy was a Republican economist for the committee. He previously worked as a senior legislative assistant for Senator Gramm during 1987-1989 and as an economist for the Banking Committee’s Subcommittee on International Finance and Monetary Policy during 1981-1986, under Chairman Jake Garn.
Mr. Abernathy earned his bachelor’s degree in International Studies from The Johns Hopkins University in 1978. In 1980, he received a master’s degree in International Studies from the School of Advanced International Studies of The Johns Hopkins University.
President, Americas and Global Chief Legal Officer, Merkle Science
Mary Beth Buchanan is currently President, Americas and Global Chief Legal Officer at Merkle Science. She was former General Counsel for Kraken Cryptocurrency Exchange. She was a partner at Bryan Cave LLP in the firm’s White Collar Defense and Investigations and Securities Litigation and Enforcement Client Service Groups. She concentrated her practice on white collar criminal defense, SEC and FINRA enforcement matters, corporate and accounting fraud, internal investigations, corporate compliance, foreign corrupt practices violations, Congressional investigations and complex civil litigation.
Ms. Buchanan served as the United States Attorney for the Western District of Pennsylvania from September 2001 to November 2009, having been appointed by President George W. Bush. She is the only woman in Pennsylvania's history to be presidentially appointed to this position. As the United States Attorney, Ms. Buchanan oversaw the prosecution of more than 5,000 cases, including corporate and securities fraud, bank fraud, foreign corrupt practices, false claims, money laundering, health care fraud, public corruption and a broad range of violent crimes. Prior to that time, Ms. Buchanan spent more than 13 years as an Assistant United States Attorney litigating criminal, civil and appellate cases.
During her tenure as the United States Attorney, Ms. Buchanan also held several posts at the DOJ, including serving as the director of the Executive Office for United States Attorneys, acting director of the DOJ’s Office on Violence Against Women and chair of the Attorney General’s Advisory Committee. Ms. Buchanan also served on the U.S. Sentencing Commission's Organizational Guidelines Advisory Committee, which made recommendations to the Commission for amendments to the Sentencing Guidelines for Business Organizations.
Chief Legal Correspondent, CBS News
Jan Crawford is CBS News' chief legal correspondent and contributes regularly to the "CBS Evening News," "CBS This Morning," and "Face the Nation," as well as CBS News Radio and CBSNews.com.
Crawford joined CBS News in October 2009. She had been a regular contributor to CBS News in 2005 to 2006.
Crawford is a recognized authority on the Supreme Court whose 2007 book, "Supreme Conflict: The Inside Story of the Struggle for the Control of the United States Supreme Court" (Penguin Press), gained critical acclaim and became an instant New York Times Bestseller. She began covering the Court in 1994 for the Chicago Tribune and went on to become a law and political correspondent for all ABC News programs, a Supreme Court analyst for The NewsHour With Jim Lehrer on PBS and a legal analyst for CBS News' "CBS Evening News" and "Face the Nation." She has reported on most of the major judicial appointments and confirmation hearings of the past 15 years and amassed crucial sources in the White House, the Justice Department and Congress along the way.
Chief Justice John Roberts granted his first network television interview to Crawford, just one of the rare interviews she was able to obtain with a total of five of the Court's current members, as well as retired Justice Sandra Day O'Connor. Crawford also sat down with then-86-year-old Justice John Paul Stevens in his first television interview, as well as Justices Clarence Thomas, Antonin Scalia and Stephen Breyer.
Crawford's in-depth reports on the Bush Administration's legal war on terror and her exclusive reports on controversial interrogation techniques used for terror suspects have received wide acclaim and been credited with being a catalyst for congressional hearings. Washingtonian Magazine named her one of Washington's top journalists.
Crawford began her journalistic career at the Tribune in 1987, joining the legal affairs beat in 1993, after her graduation from the University of Chicago Law School. The newspaper awarded Crawford its highest award in 2001, for her role on a team of reporters covering the presidential election of 2000, and the legal battles over the White House. She won the same prize for her 13-part series on the post-civil rights South, a project that brought her back to her native Alabama.
Crawford graduated from the University of Alabama in 1987. She has taught journalism at American University and frequently speaks about the Court to universities, law schools, legal organizations and civic groups across the country. She is a member of the New York Bar. She and her family live in Washington D.C.
Author and FoxNews.com Contributor
John R. Lott, Jr. is an economist who has held research and/or teaching positions at the University of Chicago, Yale University, Stanford, UCLA, Wharton, and Rice and was the chief economist at the United States Sentencing Commission during 1988 and 1989. He has published over 100 articles in academic journals. He also is the author of six books including More Guns, Less Crime, Freedomnomics, The Bias Against Guns, and Are Predatory Commitments Credible? He has just released another book entitled "Debacle: Obama's war on jobs and growth and what we can do now to regain our future." Lott is a FoxNews.com contributor and a weekly columnist for them. Opinion pieces by Prof. Lott have appeared in such places as The Wall Street Journal, The New York Times, The Los Angeles Times, the New York Post, USA Today, and The Chicago Tribune. He has appeared on such television programs as the ABC and NBC National Evening News broadcasts, Fox News, "The NewsHour with Jim Lehrer," and the "Today Show." He received his Ph.D. in economics from UCLA in 1984.
Director, Faculty Programs & Division Administrator, The Federalist Society
Anthony Deardurff serves as Director of Faculty Programs & Division Administrator. He previously practiced complex commercial and appellate litigation in the Washington, D.C. office of WilmerHale, LLP, and clerked on both the U.S. Court of Appeals for the Eleventh Circuit and the U.S. District Court for the Southern District of Texas. Mr. Deardurff earned his J.D. cum laude from Notre Dame Law School and his B.A. summa cum laude from the University of Dallas, where he was elected to Phi Beta Kappa. He holds a license to practice in both Illinois and the District of Columbia.
Partner, Millbank LLP
Mr. Katyal, the former Acting Solicitor General of the United States, focuses on appellate and complex litigation. He has argued 54 cases before the Supreme Court of the United States.
He has extensive experience in matters of antitrust, corporate, constitutional, securities, technology, criminal, patent, copyright, trademark, ERISA, products liability, labor, employment and tribal law. In the 2022-23 Supreme Court term, he argued five separate cases (nearly 10% of the docket), including winning the landmark voting case Moore v. Harper, which Judge Michael Luttig described as “the most important case for American democracy in the almost two and a half centuries since America’s founding.” Judge Luttig also said Mr. Katyal’s argument “was the single best oral argument I have ever heard made in the Supreme Court of the United States.” His cases include successfully striking down the Guantanamo military tribunals, successfully defending the constitutionality of the Voting Rights Act and successfully defending the Peace Cross in Maryland. His 2017 win in Bristol Myers Squibb v. Superior Court was a landmark victory for personal jurisdiction law and his 2006 win in Hamdan v. Rumsfeld was described by former Acting Solicitor General Walter Dellinger as “simply the most important decision on presidential power and the rule of law ever. Ever.”
From 2010 to 2011, Mr. Katyal served as Acting Solicitor General of the United States, where he argued several major Supreme Court cases involving a variety of issues, such as his successful defense of the constitutionality of the Voting Rights Act of 1965, his victorious defense of former Attorney General John Ashcroft for alleged abuses in the war on terror, his unanimous victory against eight states who sued the nation's leading power plants for contributing to global warming, and a variety of other matters. As Acting Solicitor General, he was responsible for representing the federal government of the United States in all appellate matters before the US Supreme Court and the Courts of Appeals throughout the nation. He served as Counsel of Record hundreds of times in the US Supreme Court. He was also the only head of the Solicitor General's office to argue a case in the US Court of Appeals for the Federal Circuit, on the important question of whether certain aspects of the human genome were patentable.
After graduating from Yale Law School, Mr. Katyal clerked for The Honorable Guido Calabresi of the US Court of Appeals for the Second Circuit as well as for The Honorable Justice Stephen G. Breyer of the US Supreme Court. He also served in the Deputy Attorney General's Office at the Justice Department as National Security Advisor and as Special Assistant to the Deputy Attorney General during 1998-1999.
Mr. Katyal is a best-selling New York Times author and has published dozens of scholarly articles in law journals (including several in the Harvard Law Review and Yale Law Journal), as well as many op-ed articles in publications such as the New York Times and the Washington Post. He has testified numerous times before various committees of both the US House of Representatives and the US Senate.
Senior Scholar, Manhattan Institute; Professor of Law Emerita, University of San Diego
Gail Heriot is a Senior Scholar at the Manhattan Institute, a Professor of Law Emerita at the University of San Diego and the Chairman of the Board of the American Civil Rights Project. She served on the U.S. Commission on Civil Rights for 18 years. Her new book is entitled “Why We Walk on Eggshells: How Our Civil Rights Laws Stifle Our Public Discourse.”
Partner, Arnold & Porter
John Elwood is the head of Arnold & Porter’s Appellate and Supreme Court practice. He has argued before the Supreme Court nine times, and appeared before most of the federal courts of appeals. He has successfully argued cases across a broad cross-section of subjects, with particular experience in environmental law, the False Claims Act, government contracting, and federal criminal law
Mr. Elwood’s work has earned him recognition as one of Washington’s top Supreme Court lawyers (Washingtonian, 2013), as one of “a small group of lawyers” with an “outsized influence at the U.S. Supreme Court” (Reuters, 2014), and as one of the country’s most innovative lawyers (Financial Times, 2014). Chambers USA reports that “[t]he much-admired John Elwood is praised for his advocacy skills” (2013), and describes Mr. Elwood as “phenomenal” (2014), “incredibly talented” (2012), and “a much-loved and widely respected lawyer who is quick on his feet” (2010).
Before joining the firm, Mr. Elwood served in senior-level positions in the U.S. Department of Justice. Beginning as an Assistant to the Solicitor General, and continuing with the firm, he has briefed more than 20 merits cases before the Supreme Court of the United States, and has briefed approximately 135 cases at the certiorari stage. As the senior Deputy in the Office of Legal Counsel, he advised the White House and federal agencies on a range of constitutional, statutory, and regulatory issues.
Edward Rood Eminent Scholar Chair, Professor of Law, and Senior Fellow, Hamilton Center for Classical and Civic Education, University of Florida Levin College of Law
Professor Stinneford researches, teaches, and consults about legal ethics, criminal law, criminal procedure, and constitutional law. His work has been cited by the United States Supreme Court, several state supreme courts and federal courts of appeal, and numerous scholars. It has been published in numerous scholarly journals including the Georgetown Law Journal, the Northwestern University Law Review, the Virginia Law Review, the Notre Dame Law Review, and the William & Mary Law Review. The Stanford-Yale Junior faculty forum selected one of his articles as the best paper in the category of Constitutional History, and the AALS Criminal Justice Section named another article as the best paper in its Junior Scholars Paper Competition. In the fall of 2015, he was a Visiting Scholar at the Georgetown Law Center, Center for the Constitution.
John Stinneford was the inaugural Director and serves as a Senior Fellow of the Hamilton Center for Classical and Civic Education at the University of Florida. The Hamilton Center is a new academic unit whose mission is to promote civic education and civic discourse and to foster intellectual diversity. Its core purpose is to help students develop the knowledge, habits of thought, analytical skills, and character to be citizens and leaders in a free society. It will do so through curriculum, public programming, and (in conjunction with the Florida Department of Education) teacher training. Its curriculum will focus primarily on the Western intellectual tradition and the American founding.
Before joining the Florida faculty in 2009, Stinneford clerked for the Hon. James Moran of the United States District Court for the Northern District of Illinois, served as an Assistant United States Attorney, and practiced law with Winston & Strawn in Chicago. Stinneford teaches first-year courses in Criminal Law and Constitutional Law, and upper-level courses in Professional Responsibility, Criminal Procedure, Federal Criminal Law, Law & Literature, and White Collar Crime.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
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.
Supreme Court Correspondent, The New York Times
Adam Liptak covers the Supreme Court for The New York Times. Liptak’s column on legal affairs, “Sidebar,” appears every other Tuesday.
A graduate of Yale College and Yale Law School, Liptak practiced law at a large New York City law firm and in the legal department of The New York Times Company before joining the paper’s news staff in 2002.
Liptak was a finalist for the Pulitzer Prize in explanatory reporting in 2009 for “American Exception,” a series of articles examining ways in which the American legal system differs from those of other developed nations. He received the 2010 Scripps Howard Award for Washington reporting for a five-part series on the Roberts Court.
He is the author of “To Have and Uphold: The Supreme Court and the Battle for Same-Sex Marriage.”
His journalism has appeared in The New Yorker, Vanity Fair, Business Week and Rolling Stone, and he has published articles in The Arizona Law Review, The Michigan Law Review and The New York University Annual Survey of American Law.
Liptak has taught courses at Yale, Columbia, the University of Chicago, Washington University in St. Louis, the University of Southern California and U.C.L.A. He is a member of the American Academy of Arts and Sciences.