Reflections on Judicial Independence
Federalism & Separation of Powers Practice Group Newsletter - Volume 2, Issue 1, Spring 1998
Before I address judicial independence, I want to recognize the tremendous contribution that the Federalist...
Federalism & Separation of Powers Practice Group
Federalism & Separation of Powers Practice Group Newsletter - Volume 2, Issue 1, Spring 1998
Before I address judicial independence, I want to recognize the tremendous contribution that the Federalist...
William H. Pryor, John F. Duffy, Gregory G. Katsas, Jeffrey S. Sutton
Federalism & Separation of Powers Practice Group Newsletter - Volume 2, Issue 1, Spring 1998
The following program was sponsored by the Federalism and Separation of Powers Practice Group at...
Federalism & Separation of Powers Practice Group Newsletter - Volume 1, Issue 3, Fall 1997
It does not often happen that a "conservative" Supreme Court manages, in a single decision,...
Federalism & Separation of Powers Practice Group Newsletter - Volume 1, Issue 3, Fall 1997
During the October 1996 term, the Supreme Court handed down two cases involving municipal liability...
Federalism & Separation of Powers Practice Group Newsletter - Volume 1, Issue 3, Fall 1997
It is something of an annual tradition at the Supreme Court that each Term's biggest...
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.
Former United States Attorney General
Jeff Sessions served as the 84th Attorney General of the United States from February 9, 2017 until November 7, 2018.
Prior to becoming Attorney General, Mr. Sessions served as a United States Senator for Alabama since 1996. As a United States Senator, he focused his energies on maintaining a strong military, upholding the rule of law, limiting the role of government, and providing tax relief to stimulate economic growth and to empower Americans to keep more of their hard-earned money.
Mr. Sessions was born in Selma, Alabama on December 24, 1946, and grew up in Hybart, the son of a country store owner. Growing up in the country, Sessions was instilled with certain core values – honesty, hard work, belief in God and parental respect – that define him today. In 1964, he became an Eagle Scout and thereafter received the Distinguished Eagle Scout Award. After attending school in nearby Camden, Sessions attended Huntingdon College in Montgomery, graduating with a Bachelor of Arts degree in 1969. He received a Juris Doctorate degree from the University of Alabama in 1973. Sessions served in the United States Army Reserve from 1973 to 1986, ultimately attaining the rank of Captain. He still considers that period to be one of the most rewarding chapters of his life.
Sessions’ interest in the law led to a distinguished legal career, first as a practicing attorney in Russellville, Alabama, and then in Mobile. Following a two-year stint as Assistant United States Attorney for the Southern District of Alabama (1975-1977), Sessions was nominated by President Reagan in 1981 and confirmed by the Senate to serve as the United States Attorney for the Southern District of Alabama, a position he held for 12 years. Sessions was elected Alabama Attorney General in 1995, serving as the State’s chief legal officer until 1996, when he entered the United States Senate.
Sessions and his wife, Mary Blackshear Sessions, originally of Gadsden, Alabama, have three children, Mary Abigail Reinhardt, Ruth Sessions Walk, and Sam. They have seven granddaughters, Jane Ritchie, Alexa, Gracie, Sophia, Hannah, Joanna, and Phoebe, and three grandsons, Jim Beau, Lewis, and Nicholas.
Chief Judge, United States Court of Appeals, Eleventh Circuit
William H. Pryor Jr. serves as Chief Circuit Judge on the United States Court of Appeals for the Eleventh Circuit.
In 2013–18, he served on the United States Sentencing Commission and, in 2017–18, served as Acting Chair.
He has taught as a visiting professor at the University of Alabama School of Law and previously taught as an adjunct professor at the Cumberland School of Law of Samford University.
He served as the 45th Attorney General of Alabama from 1997 to 2004. When he took office, he was the youngest attorney general in the nation. In his reelection, he received the highest percentage of votes of any statewide candidate.
He graduated magna cum laude from Tulane Law School where he finished first in the common-law curriculum and was editor in chief of the Tulane Law Review. He then served as a law clerk for Judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit.
He is a member of The American Law Institute and an Adviser for the RESTATEMENT OF THE LAW THIRD, CONFLICT OF LAWS. He is a coauthor with Bryan Garner, Justices Gorsuch and Kavanaugh, and several other judges of a treatise, THE LAW OF JUDICIAL PRECEDENT. He has published in the Yale Law Journal, Columbia Law Review, Virginia Law Review, Notre Dame Law Review, Harvard Journal of Law & Public Policy, Yale Law & Policy Review, George Mason Law Review, Florida Law Review, Alabama Law Review, Case Western Reserve Law Review, and Tulane Law Review. He has published op-eds in The Wall Street Journal, The New York Times, National Review, and USA Today. He has debated at National Lawyers’ Conventions of the Federalist Society (including on National Public Radio) and at the Oxford Union in the United Kingdom. And he is listed among several “widely admired judicial writers” in Bryan Garner’s The Redbook: A Manual on Legal Style.
He is a member of the Tulane Law School Hall of Fame and has received the Defender of the Constitution Award from the Heritage Foundation, the Jurist of the Year Award from the Texas Review of Law & Politics, and the St. Thomas More Award from the St. Thomas More Society of Atlanta. Judge Pryor is also a proud member of the National Society of the Sons of the American Revolution.
Samuel H. McCoy II Professor of Law, University of Virginia School of Law
John F. Duffy is the Samuel H. McCoy II Professor of Law and Class of 1966 Research Professor of Law at the University of Virginia School of Law, where he teaches administrative law, torts and intellectual property. Professor Duffy has published articles on a wide range of administrative law and regulatory issues in journals such as University of Chicago Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Columbia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. His 1998 article Administrative Common Law in Judicial Review, 77 Tex. L. Rev. 113 (1998), was one of the first articles to criticize the Chevron doctrine as being irreconcilable with § 706 of the APA; it won the American Bar Association’s Scholarship Award in Administrative Law. His 2008 article “Are Administrative Patent Judges Unconstitutional?” was covered on National Public Radio), in the New York Times (Adam Liptak, In One Flaw, Questions on Validity of 46 Judges, May 6, 2008), and in the Wall Street Journal (Dan Slater, Patently Unconstitutional, May 6, 2008). The NYT and WSJ agreed that he was “a different kind of law professor,” “one of the lucky few” whose “writings actually wind up changing the law.”
As an attorney in the courts, Duffy has twice successfully convinced the Supreme Court to overturn lower court doctrines that had been applied in many cases over decades but that were unanimously held to be irreconcilable with Supreme Court precedents. See TC Heartland v. Kraft Foods Group Brands, 581 U.S. 258 (2017); KSR v. Teleflex, 550 U.S. 398 (2007).
Prior to entering legal academics, Duffy clerked on the D.C. Circuit for Stephen Williams and on the Supreme Court for Antonin Scalia. While clerking, he became known as Justice Scalia’s “hapless law clerk,” who had been tasked with unearthing three-quarters of a century of legislative history that made “no difference” to the outcome in an otherwise forgettable case. See Conroy v. Aniskoff, 507 U.S. 511, 527-28 (1993) (Scalia, J., concurring in the judgment).
In earlier days, Duffy enjoyed being a professional blackjack player unwelcome in all Atlantic City casinos and a semi-professional road runner (best marathon time 2:24:33). He holds an A.B. in physics from Harvard and a J.D. from the University of Chicago.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
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.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.