EPA’s Section 111(d) Carbon Rule: What if States Just Said No?
Federalist Society White Paper
This White Paper discusses the latest proposal of the Environmental Protection Agency to regulate greenhouse...
Federalism & Separation of Powers Practice Group
Peter Glaser, Carroll W. McGuffey, Hahnah Gaines
Federalist Society White Paper
This White Paper discusses the latest proposal of the Environmental Protection Agency to regulate greenhouse...
Federalism & Separation of Powers Practice Group Podcast
The recent debate over President Obama’s enforcement of immigration laws and the Affordable Care Act...
David B. Rivkin, Adam Carl Doverspike
Engage Volume 15, Issue 2
Note from the Editor: This article is about whether sue and settle practices undermine congressional...
Engage Volume 15, Issue 2
This article discusses the use of interstate compacts to advance Article V amendments to the U.S....
Michael S. Greve, Mario Loyola, Bryan W. Shaw
Federalism & Separation of Powers Practice Group Podcast
It has been argued that EPA's recently announced carbon emissions rule is just the latest...
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.
Troutman Sanders LLP
Attorney, Troutman Sanders LLP
Troutman Sanders LLP
Attorney, Troutman Sanders LLP
Sandra Day O'Connor Professor of Law & Professor of Government, William & Mary Law School
Neal Devins is the Sandra Day O’Connor Professor of Law and Professor of Government at the College of William and Mary. He is the author of several books and more than 100 articles and book chapters on courts, constitutional law, and law & politics. His books include The Company They Keep (Oxford 2019) (with Larry Baum), The Democratic Constitution (Oxford 2d ed. 2015) (with Louis Fisher), Political Dynamics of Constitutional Law (West 6th ed. 2019) (with Louis Fisher), and Shaping Constitutional Values: The Supreme Court, Elected Government, and the Abortion Dispute (Johns Hopkins University Press 1996). His articles have appeared in The Yale Law Journal, The Stanford Law Review, The Columbia Law Review, The Michigan Law Review, The California Law Review, The Virginia Law Review, The University of Pennsylvania Law Review, The University of Chicago Law Review, The New York University Law Review, and several other journals and magazines. Professor Devins is also the author of op-eds appearing in The Wall Street Journal, The New York Times, The Washington Post, The Los Angeles Times, Slate, and several other newspapers. He has testified before House and Senate committees on budget reform and the separation of powers. Professor Devins is a graduate of Georgetown University (A.B. 1978) and Vanderbilt Law School (J.D. 1982).
President, Committee for Justice
Curt Levey is President of the Committee For Justice, an organization devoted to advancing constitutionally limited government and individual liberty. He is a veteran of Supreme Court and other judicial confirmation battles and serves on the executive committee of the Federalist Society's Civil Rights Practice Group.
After graduating Harvard Law School with honors and clerking for the U.S. Court of Appeals for the Sixth Circuit, Mr. Levey served as Director of Legal & Public Affairs at the Center for Individual Rights (CIR). There he worked on landmark Supreme Court cases, including the University of Michigan affirmative action cases and the successful constitutional challenge to the Violence Against Women Act. After CIR, Mr. Levey headed the Title IX policy group at the U.S. Department of Education.
Before attending law school, Mr. Levey earned an M.S. and B.A. in computer science from Brown University and worked in the field of artificial intelligence (AI). He invented a new type of AI technology, for which he wrote a successful patent application.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Shareholder and Director, GableGotwals
General Counsel, Prospera Group
Dranias serves as NeWay Capital LLC’s General Counsel, handling all corporate legal matters. Prior to this, he was Senior Litigation Counsel with the Government Accountability & Special Litigation Unit of the Arizona Attorney General. He also serves as Policy Advisor and Research Fellow with the Heartland Institute, as an expert and Speaker’s Bureau member with the Federalist Society, a Law and Civil Liberties Speaker for Students for Liberty, a Council of Scholars member with Compact for America Educational Foundation, as well as an Adjunct Instructor teaching Business Ethics and Law at Grand Canyon University.
Previously, Dranias served as President & Executive Director of Compact for America Educational Foundation where he led national efforts to organize the states to propose and ratify a federal Balanced Budget Amendment. Prior to that, Dranias was General Counsel, Policy Development Director and Constitutional Policy Director at the Goldwater Institute. Dranias led the Institute’s successful challenge to Arizona’s system of government campaign financing to the U.S. Supreme Court. Prior to that, he was an attorney with the Institute for Justice for three years and an attorney in private practice in Chicago for eight years, where he served as Young Lawyers Section co-editor of the Chicago Bar Association Record and earned the Oliver Wendell Holmes Award for his service.
Professor of Law, Antonin Scalia Law School, George Mason University
Professor of Law Michael S. Greve joined the faculty of the Antonin Scalia Law School, George Mason University in fall 2012 after having served as John G. Searle Scholar at the American Enterprise Institute (AEI), where he specialized in constitutional law, courts, and business regulation and served as chairman of the Competitive Enterprise Institute. Prior to joining AEI, Greve was founder and co-director of the Center for Individual Rights, a public interest law firm specializing in constitutional litigation.
Greve has served previously as an adjunct professor at a number of universities, including Cornell and Johns Hopkins Universities, and has been a visiting professor at Boston College since 2004. He was awarded a PhD and an MA in government by Cornell University. Greve also earned a Diploma from the University of Hamburg in Germany.
A prolific writer, Greve is the author of nine books and a multitude of articles appearing in scholarly publications, as well as numerous editorials, short articles, and book reviews. He is a frequent speaker for professional and scholarly organizations and has made many appearances on radio and television.
In addition Greve has provided congressional and state legislative testimony, has lobbied and consulted in federal agency proceedings, and has provided litigation services and management in over 30 cases, including matters before the U.S. Supreme Court.
Senior Fellow for Law, Economics, and Technology, The Heritage Foundation; Professor, Florida International University
Mario Loyola is a Senior Fellow for Law, Economics, and Technology at The Heritage Foundation.
Loyola served in the Trump Administration as Associate Director for Regulatory Reform at the White House Council on Environmental Quality. In that role, he was one of the principal drafters of the One Federal Decision policy, which helped to streamline the permitting and environmental review of large infrastructure projects. While at CEQ, he was a member of the U.S. delegation to the USMCA free trade negotiations with Mexico and Canada, as well as the United Nations conference on biodiversity on the high seas. Loyola initially joined the White House in February 2017 as a Presidential Speechwriter, employing his expertise in many areas of foreign and domestic policy.
After beginning his career in M&A and corporate finance law, Loyola served in the Bush 43 Administration as a special assistant to the Undersecretary of Defense for Policy. He left that position to start writing on national defense issues in magazines such as National Review and The Weekly Standard, reporting from the front lines of the war on terrorism in Lebanon, Israel, and Iraq. He finished the Bush Administration as Foreign and Defense Counsel to the U.S. Senate Republican Policy Committee, then under the chairmanship of Senator Kay Bailey Hutchison of Texas. He subsequently moved to Texas and joined the Texas Public Policy Foundation, where he specialized in energy, environment, and federalism.
Loyola is a frequent contributor to The Wall Street Journal, National Review, and The Atlantic, among others. He teaches environmental and administrative law at Florida International University, where he is Founding Director of the Environmental Finance and Risk Management program in FIU’s prestigious Institute of Environment. He received a bachelor’s degree in European history from the University of Wisconsin–Madison and a J.D. from Washington University School of Law.
Chairman, Texas Commission on Environmental Quality
Dr. Bryan W. Shaw is Chairman of the Texas Commission on Environmental Quality, the second largest environmental regulatory agency in the world. He is an associate professor in the Biological and Agricultural Engineering Department of Texas A&M University (TAMU). Dr. Shaw was formerly associate director of the Center for Agricultural Air Quality Engineering and Science, and served as Acting Lead Scientist for Air Quality and Special Assistant to the Chief of the U.S. Department of Agriculture Natural Resources Conservation Service. Dr. Shaw also served as a member of the U.S. Environmental Protection Agency (EPA) Science Advisory Board (SAB) Committee on Integrated Nitrogen, the EPA SAB Environmental Engineering Committee, and the Ad Hoc Panel for review of EPA's Risk and Technology Review Assessment Plan. Additionally, he is a member of the U.S. Department of Agriculture–Agricultural Air Quality Task Force. Since his appointment to the TCEQ, Dr. Shaw has served on the Texas Environmental Flows Advisory Group and as chair of the Texas Advisory Panel on Federal Environmental Regulations. Shaw also is a member of the Environmental Council of the States, serving on the Executive Committee as the Region 6 representative.