Engage Volume 5, Issue 2, October 2004
ADMINISTRATIVE LAW & REGULATION Constitutional Restoration by Executive Order by John O. McGinnis CIVIL RIGHTS...
Free Speech Practice Group
ADMINISTRATIVE LAW & REGULATION Constitutional Restoration by Executive Order by John O. McGinnis CIVIL RIGHTS...
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CEO & Founder, Learned Hand
Raymond & Miriam Ehrlich Eminent Scholar Chair in US Constitutional Law, University of Florida Levin College of Law
Lyrissa Lidsky is the Raymond & Miriam Ehrlich Eminent Scholar Chair in U.S. Constitutional Law at Florida Law. She previously served as Dean of the University of Missouri School of Law from 2017-2022. The focus of her research and teaching is the intersection of Tort Law and the First Amendment, with an emphasis on defamation and free speech issues in social media. Missouri Lawyers Media named Lidsky its 2020 Woman of the Year based on her scholarship, passion for law, mentorship of students, and engagement of constituencies supporting the school of law.
Before becoming dean at Missouri, Lidsky served in a variety of leadership roles at UF Law, including as associate dean for graduate and international programs and associate dean for faculty development. She also held the Stephen C. O’Connell Chair in Law and received a number of teaching awards during her 23-year tenure at UF, including student-selected awards such as Teacher of the Year (twice) and Faculty Graduation Speaker (three times), as well as Teacher of the Year, which was selected by a faculty committee.
Lidsky is co-reporter on the Restatement of Defamation and Privacy, which is now in progress. She is co-author of a leading Media Law casebook, a First Amendment casebook, and a reference book on press freedom and has published dozens of articles, culminating in a forthcoming article in the Virginia Law Review, co-authored with Professor Christina Koningisor, called First Amendment Disequilibrium. Her work on anonymous speech has been cited by a number of state supreme courts and the highest courts of Canada and Hong Kong.
Before becoming a law professor, Lidsky served as a clerk for the Honorable Joseph T. Sneed of the United States Court of Appeals for the Ninth Circuit in San Francisco, Calif. Lidsky received her law degree from the University of Texas School of Law with high honors. She was initiated into Order of the Coif in recognition of her scholastic achievement and served as articles editor of the Texas Law Review. Before law school, she was a Fulbright Scholar at Cambridge University in England, studying medieval legal history and early development of the Common Law. She received her bachelor’s degree, summa cum laude, in English and political science from Texas A&M University.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
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.
Senior Vice President, Strategic Initiatives & Special Counsel to the President, Alliance Defending Freedom
Ryan Bangert serves as senior vice president for strategic initiatives and special counsel to the president at Alliance Defending Freedom. He oversees ADF’s regulatory practice, government relations, and corporate engagement teams. He also advises executive leadership with strategic initiatives and appears as counsel for ADF clients.
Before joining ADF, Bangert served as deputy first assistant attorney general and deputy for legal counsel in the office of the Texas attorney general. In those roles, he oversaw the state’s Special Litigation Unit, which handled critical litigation against the federal government, and oversaw multiple divisions within the office. Prior to that, he served as deputy for civil litigation for Missouri Attorney General Josh Hawley, overseeing the state’s civil litigation divisions, including the consumer protection and antitrust divisions, with over 200 attorneys and staff. During his time in government service, Bangert handled a diverse array of matters involving Big Tech, election law, civil rights, multistate antitrust and consumer protection investigations, and many other issues.
Prior to his government service, Bangert was a litigation partner at Baker Botts L.L.P., where he was a member of the firm’s commercial litigation and appellate practice sections. A seasoned trial attorney, The Texas Lawyer ranked the verdict Bangert achieved in the Janvey v. Maldonado case as the #1 verdict in the securities category for 2015-2019, and The National Law Journal ranked it in its “Top 100 Verdicts of 2015.” He was named a “Texas Rising Star” for multiple years by Texas Lawyer and Law and Politics magazines. While at Baker Botts, he was a volunteer attorney for ADF and served as amicus counsel in numerous cases, including Trinity Lutheran v. Comer and Salazar v. Buono, receiving the firm’s Opus Justitae Award in recognition of his outstanding commitment to pro bono service.
Bangert earned his J.D. from Southern Methodist University, where he was a Hatton Sumner’s scholar and graduated first in his class. He also participated in ADF’s Blackstone program and is a Blackstone Fellow. Following law school, he clerked for the Honorable Patrick E. Higginbotham on the Fifth Circuit Court of Appeals.
Bangert is a member of the Philadelphia Society and Federalist Society. He is admitted to practice law in Texas, California (inactive), Missouri (inactive), the U.S. Supreme Court and numerous federal district and appellate courts. A frequent op-ed contributor, his work has appeared in National Review, Daily Wire, The Hill, Washington Examiner, The Federalist, Fox News, and RealClear Religion. He speaks nationally on constitutional, cultural, and religious liberty issues.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Partner, Schaerr Jaffe LLP
Gene Schaerr specializes in handling—and usually winning—civil appeals, writ proceedings and similar matters, both in appellate courts and in the law-focused proceedings at the trial-court or agency level that often determine success or failure on appeal. He has argued and won dozens of cases in a variety of forums—including the U.S. Supreme Court (where he has argued six cases), every federal circuit, and numerous federal district courts and state appellate courts. His win rate in the dozens of federal appeals he has argued in the past six years is over 75 percent.
He was a coordinator of Sidley Austin's appellate practice from 1993 until 2005, and from 2005 until 2014 was the chair of the nationwide appellate practice at Winston & Strawn—a practice he led to numerous recognitions in such publications as the Appellate Hot List. His personal practice successes have won him repeated recognition in such publications as Best Lawyers in Washington, D.C., Legal 500, D.C. Superlawyers, and Best Lawyers in America. In January 2014, Mr. Schaerr formed his own boutique litigation firm so that he could serve his clients without the conflicts and inefficiencies inherent in big-firm law practice.
Substantively, Mr. Schaerr's experience includes not only virtually every area of federal law, defamation, higher education law, immigration, insurance coverage, labor and employment, patent and trademark, privacy, product liability and warranty, statutory interpretation and tax.He has represented clients in virtually every sector, including automotive, communications, energy, financial services, health care, higher education, insurance, maritime, pharmaceuticals, technology and state and local government. He also teaches courses in Supreme Court litigation, religious freedom litigation and advanced litigation skills as an adjunct professor of law at the Brigham Young University law school.
Mr. Schaerr began law practice in 1987 following clerkships on the U.S. Supreme Court (for Chief Justice Warren Burger and Justice Antonin Scalia) and on the U.S. Court of Appeals for the D.C. Circuit (for then- Judge Kenneth Starr). He graduated in 1985 from the Yale Law School, where he was Editor-in-Chief of the Yale Journal on Regulation and Senior Editor of the Yale Law Journal. From 1991 to 1993, he served in the White House as Associate Counsel to the President, where he had responsibility for a wide range of constitutional and administrative-law issues, including those involving economic regulation, higher education, separation of powers, federalism and religious freedom. He serves as Chairman of the Constitutional Sources Project, a digital resource providing free public access to historical materials relevant to the U.S. Constitution.
General Counsel, Center for Individual Rights
Darpana Sheth joined CIR as General Counsel in May 2025. She is a nationally recognized constitutional litigator with over two decades of experience serving in in leadership roles at other nonprofit organizations.
Before joining CIR, Darpana served for four years as Vice President of Litigation for the Foundation for Individual Rights and Expression. Prior to that, Darpana was a Senior Attorney with the Institute for Justice, where she also served as Director of the Institute’s National Initiative to End Forfeiture Abuse.
Before finding her calling as a public-interest attorney, Darpana served as an Assistant Attorney General for the State of New York and worked in private practice as a litigation associate at the Manhattan law firm of Chadbourne & Parke, LLP. She also served as law clerk to the Honorable Jerome A. Holmes of the U.S. Court of Appeals for the Tenth Circuit.
A native of Philadelphia, Darpana graduated from the University of Pennsylvania with a Bachelor of Arts in Political Science and History. She earned her law degree from Georgetown University Law Center.
Senior Attorney, Institute for Free Speech
Owen Yeates is a Senior Attorney on the litigation team and plays an important role in their regulatory, legislative, and policy work. Owen joined the Institute in 2015 as a Staff Attorney and was promoted in 2021 to Senior Attorney and Deputy Vice President for Litigation, after serving as Acting Legal Director following the departure of Allen Dickerson to the Federal Election Commission. From May 2022 to May 2025, Owen served as a Deputy District Attorney for Multnomah County, Oregon. He re-joined the Institute for Free Speech as a Senior Attorney in May 2025.
He received his J.D. from Stanford Law School after completing a Ph.D. in Political Science at Duke University and a B.S., summa cum laude, in Physics from Brigham Young University. Owen clerked for the Honorable Scott Matheson, Jr., of the United States Court of Appeals for the Tenth Circuit (2012-2013), the Honorable J. Jerome Farris of the United States Court of Appeals for the Ninth Circuit (2011-2012), and the Honorable James L. Robart of the United States District Court for the Western District of Washington (Summer 2012). After clerking, he was a litigation associate in intellectual property law at Klarquist Sparkman, LLP, in Portland, Oregon, where he was involved with the Legal Aid Society of Oregon’s domestic violence program. Before law school, he taught Ancient Political Theory, American Politics, Theories of Human Freedom, and Religion and American Politics at Brigham Young University and Wake Forest University. During law school, Owen interned with the U.S. Attorney’s Office and the U.S. Department of Defense, and he worked with the school’s Three Strikes Clinic and Domestic Violence pro bono program.
Owen is licensed to practice law in the District of Columbia, Oregon, Utah (inactive), and Washington state (inactive). He is admitted to practice before the United States Supreme Court; the United States Courts of Appeals for the Third, Sixth, Eighth, Ninth, Tenth, Eleventh, and D.C. Circuits; and the United States District Courts for the Districts of Colorado, Columbia, Oregon, and Utah, as well as the Eastern District of Texas and the Western District of Tennessee.
Research Scholar in Law and Executive Director, Center for Academic Freedom and Free Speech, Yale Law School
Joe Cohn is a research scholar in law at Yale Law school and the executive director of the Center for Academic Freedom and Free Speech (CAFFS).
Cohn has served as a staff attorney at the AIDS Law Project of Pennsylvania, a staff attorney for the Court of Appeals for the 3rd Circuit, an adjunct professor of law at the University of Pennsylvania Law School, where he supervised law students representing clients in litigation in state and federal courts, and as the interim legal director for ACLU affiliates in Nevada and Utah.
A majority of Cohn’s career has been dedicated to defending civil liberties on college campuses and free expression in society at large. As the Foundation for Individual Rights and Expression’s (FIRE’s) founding legislative and policy director, from 2012 to 2023, he testified on numerous occasions in legislatures across America and in Congress, drafted legislation on campus free speech, campus due process, and academic freedom that has been enacted in states across the country. Immediately before joining CAFFS, Cohn advocated for open inquiry, viewpoint diversity, and constructive disagreement in higher education as Heterodox Academy’s director of policy.
Cohn writes extensively on civil liberties, with articles published in a wide array of media outlets, including the Wall Street Journal, the Washington Post, Newsweek, the Hill, the New York Daily News, the Chicago Tribune, the Las Vegas Review Journal, the Minnesota Star Tribune, the Chronicle of Higher Education, Inside Higher Ed, and the Volokh Conspiracy.
He earned his bachelor of arts from the University of Nevada at Las Vegas in 2000. He is a 2004 graduate of the University of Pennsylvania Carey School of Law and the Fels Institute of Government Administration, where he earned his J.D. and M.A. in Government Administration.
Senior Counsel, Director of Center for Academic Freedom, Alliance Defending Freedom
Tyson Langhofer serves as senior counsel and director of the Center for Academic Freedom with Alliance Defending Freedom.
Langhofer represents students and faculty at public high schools and colleges in defending their First Amendment rights. For example, in Denton v. Hecht, he successfully defended a Florida State University student after he was removed as Student Senate President simply for sharing his Catholic views in a private group chat. In Cross v. Loudoun County Public Schools, he successfully defended an elementary school gym teacher after the school suspended him for peacefully sharing his views on a proposed policy at a public school board meeting.
Langhofer has extensive experience in civil litigation and constitutional law. Before joining ADF, Langhofer was a partner with Stinson LLP, where he worked as a commercial litigation attorney from 2000 until he joined ADF in 2015.
Langhofer is Peer Review Rated AV® Preeminent in Martindale-Hubbell. He is a sought-after speaker on legal and cultural issues. He regularly comments on free speech issues in television, radio, and print media. He has appeared as a guest and written pieces for numerous major media outlets, including The Washington Post, The Washington Times, USA Today, Townhall, The Federalist, and The Daily Wire.
Langhofer earned his Juris Doctor from Regent University School of Law in 1999, graduating cum laude. Langhofer is admitted to practice in multiple states, the Supreme Court, and numerous federal district and appellate courts.
Founder, MPL Strategies
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.
Justice, Texas First Court of Appeals
Susanna Dokupil was elected to the First Court of Appeals in November 2024. With over two decades of experience, Susanna’s career has spanned all three branches of government as well as private practice. She has been a Special Counsel and Assistant Solicitor General in the Office of the Attorney General of Texas as well as a Special Counsel to the United States Senate Judiciary Committee and a law clerk to the Hon. Jerry Smith on the U.S. Court of Appeals for the Fifth Circuit.
In her role as Special Counsel at the Texas Attorney General’s office, Susanna led teams of litigators focused on protecting Texas’s interests against agency regulations that exceeded the agency’s statutory and constitutional power. As an Assistant Solicitor General, she drafted briefs before the Fifth Circuit and United States Supreme Court, primarily focused on First Amendment issues. Susanna’s experience in private practice has combined traditional commercial litigation with advising technology companies and founders on strategic communications.
Susanna has been a prolific speaker and writer on law and public policy topics, including articles in The Harvard Journal of Law & Public Policy, The Texas Review of Law & Politics, American Enterprise, the Washington Times, and the Houston Chronicle, among others.
Susanna is a graduate of Harvard Law School and also holds degrees from The George Washington University and Baylor University. She lives in Houston and has four children.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Associate, Consovoy McCarthy PLLC
Ms. Bates assists clients with a variety of litigation and appellate matters that encompass constitutional law, administrative law, and commercial litigation. Before joining the firm, Ms. Bates was a law clerk to Judge Kyle Duncan of the U.S. Court of Appeals for the Fifth Circuit. She previously served as a Legal Policy Analyst at the Heritage Foundation, where she researched and wrote about the courts, judicial nominations, and various constitutional issues. She also co-hosted Heritage’s SCOTUS 101 podcast. She earned her B.A. magna cum laude in Politics from Hillsdale College, and her J.D. from the Antonin Scalia Law School at George Mason University. Ms. Bates is a member of the Virginia Bar.
Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
General Counsel, U.S. Department of Homeland Security
James H. Percival graduated from the University of California, Santa Barbara and the University of Virginia School of Law. Before his work at the Department of Homeland Security, he was Chief of Staff to then Florida Attorney General Ashley Moody. James previously served in a number of other roles for Attorney General Moody and as Senior Counsel at the U.S. Department of Justice. Before beginning his public service, James worked for a global law firm and clerked for Judge Emmett Ripley Cox of the U.S. Court of Appeals for the Eleventh Circuit. In between college and law school, James worked as a substitute teacher and as a missionary in South America.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Partner, King & Spalding PLLC
Will Barnette is a partner in the Atlanta office of King & Spalding, where he is a member of the firm’s business litigation practice and class action defense group. During his 30-year career, Will has consistently led clients to successful outcomes in their most sensitive and high exposure class action, MDL, and related regulatory matters. From litigating high-stakes tobacco class actions at the turn of the century, to defending massive data breach litigation in the last decade, and winning several lucrative antitrust opt-out settlements more recently, Will has played a key role in much of the leading complex litigation of the era and led clients to tremendous success on both sides of the “v.” In particular, he has deep experience in litigating consumer, products, and antitrust class actions, commercial disputes, and managing internal investigations.
Prior to rejoining King & Spalding, where he worked earlier in his career, Will served as Associate General Counsel for The Home Depot and was a member of the company’s Legal Senior Leadership Team. As leader of The Home Depot’s commercial litigation team for more than ten years, he was responsible for the company’s most significant commercial and business litigation, which frequently challenged core aspects of the company’s business. During his 21-year tenure with The Home Depot, Will led the successful defense of several hundred class actions, created and led the company’s recovery litigation program, and successfully managed multiple high-profile investigations and favorably resolved significant related regulatory matters, including with the United States Department of Justice, the United States Environmental Protection Agency, and multi-state Attorney General groups.
A recognized thought leader in complex litigation, Will argued before the U.S. Supreme Court in the 2019 term—one of the few in-house counsel to do so. He received the Atlanta Business Chronicle’s Corporate Counsel Award for Advocacy in 2016 and has authored seven law review articles. His recent works, Misunderstanding Original Jurisdiction and There Is No Conservative Case for Class Actions, ranked among the top SSRN downloads in Federal Courts and Jurisdiction. He frequently lectures on class actions, MDL litigation, and internal investigations, and teaches Complex Litigation at the University of Tennessee Winston College of Law, where he earned the Harold C. Warner Outstanding Adjunct Professor Award in 2025.
Will chairs the Board of Georgians for Lawsuit Reform, which was instrumental in passing Georgia’s 2025 tort reform legislation. He also serves as Chair of the Class Actions Section for the State Bar of Georgia and is a former President of the Atlanta Legal Aid Society. Will played varsity college basketball at Sewanee.
Partner, Wiley
Lee served as Chairman and Commissioner of the Federal Election Commission (FEC), where he successfully led the rulemaking to conform the agency's regulations to the Supreme Court's Citizens United and McCutcheon decisions and championed free speech on the Internet and free press rights. He previously had served as legal counsel and policy advisor to the Governor of Virginia and Attorney General of Virginia, associate general counsel of the University of Virginia, and general counsel to numerous political organizations. His experience covers a broad range of policy-oriented subjects, including federal and state campaign finance and ethics laws, First Amendment rights of political speech and association, political action on the Internet, taxation of the Internet, interstate regulation, and academic freedom. He has extensive experience in all aspects of election administration, having litigated state, local and congressional recounts, election contests, ballot access, voting rights, late poll openings, and delegate credentials.
He has been named a "Top Campaign & Elections Lawyer" by Washingtonian magazine. The Washington Examiner called Lee “a leading voice among conservative regulators in Washington” (2016) and “a tireless voice for First Amendment rights on the Internet” (2018); the Richmond Times-Dispatch dubbed him a “free-speech champion” (2018); The Hill labeled him “a happy warrior for the First Amendment” (2018); and the Washington Post called him a “sharp policy wonk” (1999). He is a frequent lecturer at law schools, universities, civic organizations, and continuing legal education programs. He has authored numerous articles on election law and a chapter on regulation of political speech on the Internet in Law and Election Politics: The Rules of the Game (Routledge 2013), and his writings have appeared in The Wall Street Journal, Richmond Times-Dispatch, Washington Examiner, Washington Times, Politico and other publications. He has served on the boards of several educational, cultural, and political non-profit organizations.
U.S. Court of Appeals, District of Columbia Circuit (1983-1989); U.S. Solicitor General (1989-1993)
Kenneth Starr is a former United States Federal Court of Appeals Judge, U.S. Solicitor General, and Independent Counsel. He is the former President and Chancellor of Baylor University where he held the Louise L. Morrison Chair of Constitutional Law at Baylor University Law School.
Judge, United States Court of Appeals, D.C. Circuit
Judge Randolph was confirmed by the Senate and appointed to the United States Court of Appeals for the District of Columbia Circuit by President George H. W. Bush in July 1990.
Judge Randolph received his B.S. degree in 1966 from Drexel University, majoring in economics and basic engineering. At Drexel, he was president of the debate society, vice president of the Student Senate, and a member of the varsity wrestling squad. In 1969, he received his J.D. from the University of Pennsylvania, summa cum laude. Judge Randolph ranked first in his law school class all three years and was managing editor of the Law Review.
After graduation, Judge Randolph served as a law clerk to Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit in New York.
Admitted to the California Bar in 1970 (and to the District of Columbia bar in 1973), Judge Randolph worked as Assistant to the Solicitor General, U.S. Department of Justice, in Washington, D.C., 1970-1973.
After two years in private practice, Judge Randolph was named Deputy Solicitor General of the United States, a position he held from 1975-1977.
In 1979, Judge Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct (the Ethics Committee) of the United States House of Representatives, remaining in this position until 1980.
In the 1980s, Judge Randolph held a number of positions while in private practice, including Special Assistant Attorney General for the states of New Mexico (1985 90), Utah (1986-1990) and Montana (1983-1990). He also served as a Member of the Advisory Panel of the Federal Courts Study Committee.
From 1971-1990, Judge Randolph argued 23 times in the United States Supreme Court, winning 20 of his cases.
As an Adjunct Professor of Law at Georgetown University Law Center from 1974-1978 he taught courses in civil procedure and injunctions. In 1992 he taught a course in constitutional law. He is a Distinguished Adjunct Professor of Law at George Mason School of Law and for the past ten years has been teaching First Amendment law. He also serves on the Judicial Advisory Board of the George Mason University Law and Economics Center.
From 1993 through 1995 Judge Randolph was a member of the Committee on Codes of Conduct of the Judicial Conference of the United States, and from 1995 to 1998 served as the Committee's chairman. He also served as the judicial liaison to the American Bar Association’s Administrative Law Section.
Judge Randolph is a member of the Board of Visitors at Drexel University Law School and was named to the “Drexel One Hundred” as a leading alumnus. In 2002 he was presented the James Wilson Award by the University of Pennsylvania Law School. In November 2005 he delivered the Fifth Annual Barbara K. Olson Memorial Lecture at the Annual Lawyers Convention of the Federalist Society. He has published numerous articles, the most recent of which is in the June 2006 issue of the Harvard Journal of Law and Public Policy.
Judge Randolph is married to the Honorable Eileen J. O’Connor, formerly Assistant Attorney General, Tax Division, U.S. Department of Justice. His son John Trevor Randolph is an investment banker in New York. His daughter Cynthia Lee Randolph is an artist living in San Francisco.