Intellectual Property in the Supreme Court - Podcast
Litigation and Intellectual Property Practice Groups Podcast
Continuing the trend of recent years, this Term the Supreme Court is hearing a number...
Litigation Practice Group
Garrard R. Beeney, Matthew S. Hellman, Dennis Crouch
Litigation and Intellectual Property Practice Groups Podcast
Continuing the trend of recent years, this Term the Supreme Court is hearing a number...
Litigation Practice Groups Podcast
On Monday, March 21, the Court heard RJR Nabisco, Inc. v. The European Community. The...
Federalist Society Review, Volume 17, Issue 1
Note from the Editor: This article discusses U.S. Army Corps of Engineers v. Hawkes, a...
Litigation Practice Group Podcast
The Professional and Amateur Sports Protection Act (PASPA) forbids any state (other than Nevada) from...
Litigation and Religious Liberties Practice Groups Podcast
This week the Supreme Court will hear arguments in Whole Woman’s Health v. Hellerstedt, also...
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
O.H. leads Alliance For Consumers, which fights to ensure that consumer protection efforts, class action lawsuits, and attorney general enforcement actions are consistent with the rule of law and benefit everyday consumers, not just class action lawyers and career bureaucrats.
His work with AFC builds off his time with the Arizona Attorney General's Office under Attorney General Mark Brnovich, where he not only defended constitutional questions and served as the State's lead counsel in the U.S. Supreme Court, but also had the privilege of leading Arizona's consumer protection lawsuit against Google over the tracking of consumers' location, and the successful case against Volkswagen over well-publicized diesel-related consumer deception.
O.H. is a 2010 graduate of Harvard Law School. Before joining Attorney General Brnovich in 2016, 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 Atlanta, Georgia.
Managing Partner, Boyden Gray PLLC
Michael Buschbacher is the managing partner of Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Counsel, Sen. Schmitt and the Senate Judiciary Committee
Senior Counsel, Committee on Oversight and Government Reform, U.S. House of Representatives
Daniel Flores is a Senior Counsel on the Republican staff of the Committee on Oversight and Government Reform, U.S. House of Representatives. Prior to his current position, he served in the House as Chief Counsel for the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law. Before coming to the House, he served as an Acting Associate Deputy General Counsel for the U.S. Environmental Protection Agency and in other roles in EPA's Office of General Counsel, as a Senior Trial Attorney for the U.S. Department of Justice, Environment and Natural Resources Division, and as an attorney in private practice in Washington, D.C. He serves as a House liaison to the Administrative Conference of the United States and has served on the Council of the American Bar Association’s Section on Administrative Law & Regulatory Practice.
Senior Advisor, Burke Law Group
Anne Idsal Austin is an environmental health and safety attorney. Founder of Austin Legal & Public Affairs. Anne served in the highest ranks of state and federal government, where she shaped environmental and energy policy at the highest levels of government. She provides strategic counseling and policy guidance in the complex arenas of environmental and natural resources law. She handles complex environmental and natural resources litigation. Her experience includes air, water and waste governmental enforcement actions; citizen suits under RCRA, CERCLA, the Clean Water Act and the Clean Air Act; climate change litigation; toxic tort lawsuits involving chemical exposures, dust exposures and industrial accidents and toxic tort claims;.
Anne served as the principal deputy assistant administrator for the U.S. Environmental Protection Agency’s Office of Air & Radiation (OAR). In this role, she had a significant impact on U.S. clean air policy and regulation. Additionally, she served as the EPA Regional Administrator for Region 6, responsible for the implementation of federal environmental statutes and programs across Texas, Louisiana, Oklahoma, Arkansas, and New Mexico. Before serving in the federal government, Anne was the Chief Clerk and Deputy Land Commissioner for the Texas General Land Office and served as the general counsel for the Texas Commission on Environmental Quality.
Prior to joining Burke Law Group and founding Austin Legal & Public Affairs, Anne was environmental partner with an AMLAW100 firm, where she represented regulated clients to position them for success before state and federal regulatory agencies.
General Counsel, Senior Litigation Counsel, New Civil Liberties Alliance
Zhonette brings a quarter-century of litigation experience to NCLA. After a federal clerkship, she spent many years litigating at large law firms in Washington, D.C., and Denver, Colorado, before beginning public interest litigation in 2018.
Zhonette has litigated in state, federal, and international venues and in matters ranging from pro bono custody issues to multi-district and class action cases for Fortune 100 companies. Zhonette spent the first part of her career focused on high-stakes complex commercial litigation and white-collar defense. Since changing her legal practice to taming the Administrative State, Zhonette has focused on the Administrative Procedure Act, natural resources, takings issues and other constitutional claims.
Zhonette is a graduate of Georgetown University Law Center and is admitted to practice in the District of Columbia, the State of Colorado, the Commonwealth of Virginia, and various federal courts.
Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Abhishek (Abhi) Kambli is a partner at Holtzman Vogel who represents clients in high-stakes appellate and complex litigation, constitutional challenges, and matters involving state attorneys general and federal agencies. He is one of a handful of lawyers nationally who has both led federal litigation from inside the Department of Justice and multi-state coalition work from a State Attorney General’s office—giving clients a 360-degree perspective on government enforcement, regulatory challenges, and constitutional advocacy.
Prior to joining Holtzman Vogel, Abhi served as Deputy Associate Attorney General at the United States Department of Justice, where he acted as lead counsel in high-priority matters for the Trump Administration, oversaw the Department’s civil components on behalf of the Associate Attorney General, advised the White House Counsel’s Office and federal agencies on litigation risk and strategy, and developed the Department’s national affirmative civil litigation strategy.
Earlier, he served as Deputy Attorney General and Division Chief of the Special Litigation and Constitutional Issues Division at the Kansas Attorney General’s Office, where he launched the division and led multi-state coalitions in trial and appellate courts nationwide, including the United States Supreme Court. He began his career as an Assistant United States Attorney in the Southern District of Indiana, prosecuting more than 100 federal cases from investigation through appeal.
Abhi is also a Lieutenant Colonel in the United States Air Force Judge Advocate General's Corps, having served on active duty and in the reserves since 2013. His military service includes criminal trials as both prosecutor and defense attorney, appellate representation before the Court of Appeals for the Armed Forces, and representation of a high-profile detainee before the Military Commissions at Guantánamo Bay.
Attorney and Legal Commentator
John Shu is an attorney and legal commentator. His focus areas include constitutional law, securities & corporate law, antitrust law, administrative law, politics, and international affairs. Mr. Shu has lectured and published on a wide variety of issues.
Mr. Shu served President George H.W. Bush and President George W. Bush. He also served Judge Stanley Sporkin, U.S. District Court for the District of Columbia, who was Director of Enforcement at the U.S. Securities & Exchange Commission and General Counsel at the Central Intelligence Agency, and Judge Paul Roney, U.S. Court of Appeals for the Eleventh Circuit, who was Presiding Judge of the Foreign Intelligence Surveillance Court of Review.
Mr. Shu is a member of the National Committee on U.S. - China Relations, the Pacific Council on International Policy, and the Foreign Policy Association.
Partner, Shook, Hardy & Bacon, LLP
Phil Goldberg is the office managing partner of Shook in Washington, D.C., and co-chair of the firm’s Public Policy Practice Group. He has more than 25 years of experience advising clients on high stakes and high profile liability-related public policy, public affairs and public relations issues. He counsels businesses and their trade associations on some of the most cutting-edge liability issues of the day.
As part of this work, Phil co-chairs the firm’s National Amicus Practice, which files more than three dozen amicus briefs every year. He has filed amicus briefs for many of the most influential trade and civil justice groups with courts at every level, from the U.S. Supreme Court to the U.S. Courts of Appeals and state appellate courts. He has testified before Congress and state legislatures, has authored leading legal scholarship and is a regular speaker at judicial education conferences. He also is a resource for journalists, podcasters and others who report on and discuss pressing liability issues.
President and Co-Founder, America First Legal Foundation
Gene Hamilton is the President of America First Legal, which he co-founded, and where he was previously the Executive Director, Executive Vice President, and General Counsel. He most recently served as Deputy White House Counsel to President Donald Trump. Earlier in his career, Gene served as Counselor to Attorney General at the U.S. Department of Justice and as Senior Counselor to the Secretary of Homeland Security. He also served as General Counsel on the Senate Judiciary Committee and held several roles at the Department of Homeland Security, including with U.S. Immigration Enforcement, U.S. Customs and Border Protection and the Office of the General Counsel. He holds a B.A. from the University of Georgia and a J.D. from Washington and Lee University School of Law.
Executive Director, Alliance For Consumers
O.H. leads Alliance For Consumers, which fights to ensure that consumer protection efforts, class action lawsuits, and attorney general enforcement actions are consistent with the rule of law and benefit everyday consumers, not just class action lawyers and career bureaucrats.
His work with AFC builds off his time with the Arizona Attorney General's Office under Attorney General Mark Brnovich, where he not only defended constitutional questions and served as the State's lead counsel in the U.S. Supreme Court, but also had the privilege of leading Arizona's consumer protection lawsuit against Google over the tracking of consumers' location, and the successful case against Volkswagen over well-publicized diesel-related consumer deception.
O.H. is a 2010 graduate of Harvard Law School. Before joining Attorney General Brnovich in 2016, 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 Atlanta, Georgia.
Counsel, Boyden Gray PLLC
Jim Wedeking is counsel at Boyden Gray PLLC. He has extensive experience with environmental regulations, providing compliance counseling for large industrial and agricultural companies and their related trade associations, drafting comments on proposed environmental rulemakings from a variety of federal agencies, and challenging those rules in court. For over 20 years he has helped companies obtain various permits and other authorizations for constructing major infrastructure projects, including fossil fuel-fired power plants, natural gas pipelines, and offshore wind turbines, as well as defend those permits and authorizations through litigation. Mr. Wedeking frequently writes on federal environmental law topics, including for the Washington Legal Foundation.
He has also counseled clients on several Freedom of Information Act matters, including the protection of confidential business information from disclosure to third parties and how the Supreme Court’s Food Marketing Institute v. Argus Leader Media decision increased protections for company information provided to regulatory agencies.
Before joining the firm, Mr. Wedeking was counsel in Sidley Austin’s Washington, D.C. environmental, health, and safety practice group. There, he represented industrial companies in defending against civil and criminal enforcement actions and toxic tort suits.
Mr. Wedeking received a J.D., cum laude, from the Catholic University of America Columbus School of Law and a B.A. in Criminology and Criminal Justice from the University of Maryland.
Partner, Sullivan & Cromwell LLP
Garrard Beeney is co-head of the Firm’s Intellectual Property and Technology Group and a member of the Firm’s Managing Partners Committee. Mr. Beeney has been inducted as a Fellow of the American College of Trial Lawyers. He is counsel in the two major patent cases to be argued before the U.S. Supreme Court in 2016.
Mr. Beeney has litigated intellectual property and licensing cases throughout the country in both federal and state courts. Mr. Beeney also represents clients before U.S. and European competition law authorities, particularly in the area of the intersection between intellectual property and competition laws. In addition to trying patent and antitrust cases, Mr. Beeney has argued appellate cases in various courts, including in the U.S. Supreme Court, the Federal Circuit and the Second Circuit Courts of Appeal, and the Supreme Court of Arkansas. He represents both plaintiffs and defendants in infringement actions, and advises plaintiffs on patent selection in pre-suit due diligence. Mr. Beeney also frequently advises on licensing issues and IP monetization, and has represented patent holders in the formation of licensing pools, including those related to the AVC, MPEG-2, MPEG-4, DVD, LTE, ATSC, VC-9, IEEE 1394 and other technologies.
In addition to the “Litigator of the Week” award noted below, Mr. Beeney has been recognized as one of the “Top 10 Oral Advocates of the Year” in the Federal Circuit Court of Appeals, as an “Innovative U.S. Lawyer” by the Financial Times and in IAM Patent 1000 – The World’s Leading Patent Practitioners (2014, 2015), which commented that Mr. Beeney is “one of the best in the business.” IAM added that peers comment, “When there is something you can’t do, you send it to him.” The 2014 edition of IAM added that Mr. Beeney is “one of the best trial lawyers on the planet”, and he “sounds the part, looks the part, is always prepared and persuasive, with especially brilliant opening and closing presentations.” He is a recipient of the Burton Award for legal scholarship, and has received the Adele Warnock and other awards for his community service.
Mr. Beeney also is regularly recognized as a leading lawyer in the intellectual property and antitrust fields, among others, by leading industry publications, including The Best Lawyers in America, The Legal 500 United States and New York Super Lawyers.
Mr. Beeney has been a speaker at various professional associations, including the American Intellectual Property Law Association, the American Bar Association, the Licensing Executives Society and Law Seminars International. He has written and contributed chapters to several books, including Business and Commercial Litigation in Federal Courts, Commercial Litigation in New York State Courts and On the Merits: Current Issues in Competition Law and Policy. Mr. Beeney has taught various trial advocacy courses, including serving as a member of the faculty at the National Trial Skills Program of the National Institute for Trial Advocacy. He is also a member of Law360’s 2013 Intellectual Property Editorial Advisory Board.
Mr. Beeney’s public service activities include having served for more than a decade as the deputy mayor of Irvington, New York. He is chairman of the board of Mercado Global, a not-for-profit working to improve the lives of impoverished artisans in Central America, and he regularly represents clients in pro bono litigation, including in a recent successful First Amendment trial and in a matter involving child adoption in Arkansas, the latter of which he successfully argued before the Supreme Court of Arkansas in March 2011.
Partner, Jenner & Block
Matthew S. Hellman is a litigator. He has been lead counsel in dozens of appellate matters, and has presented arguments in the U.S. Supreme Court, the U.S. Courts of Appeals, and in state appellate courts. In addition, he routinely presents arguments in the trial courts. Mr. Hellman’s cases involve a variety of issues such as commercial law, intellectual property and administrative law. He has argued important cases for corporations like Marriott, GE and General Dynamics.
In 2010, Law360 recognized Mr. Hellman as a “Rising Legal Star” in the practice of Appellate Law. In 2007, Jenner & Block recognized Mr. Hellman with the Albert E. Jenner, Jr. Pro Bono Award, which annually recognizes attorneys in the Firm with a strong commitment to pro bono or public service work. He has argued or supervised more than a dozen pro bono cases in the courts of appeals, including two capital cases.
Mr. Hellman is member of the firm’s Appellate and Supreme Court Practice. He is also a member of the Edward Coke Appellate Inn of Court, and an Associate Trustee for the Washington Lawyer’s Committee for Civil Rights and Urban Affairs. He serves as the Co-Chair of the DC Hiring and the Hiring Executive Committees and is also a member of the Associate Development and Evaluation Committee and the Finance Committee.
Co-Director, Center for Intellectual Property & Entrepreneurship, University of Missouri School of Law
Professor Crouch is Associate Professor of Law at the University of Missouri School of Law. Prior to joining the MU Law Faculty, he was a patent attorney at McDonnell Boehnen Hulbert & Berghoff LLP in Chicago, Illinois, and taught at Boston University Law School. He has worked on cases involving various technologies including computer memory and hardware, circuit design, software, networking, mobile and internet telephony, automotive technologies, lens design, bearings, HVAC systems, and business methods. He is also the editor of the popular patent law weblog: Patently-O .
Professor Crouch received his BSE in mechanical engineering cum laude from Princeton University, where he also earned a certificate in engineering management systems. He then earned his JD cum laude from the University of Chicago Law School. While at the University of Chicago, he was a Microsoft, Merck, & Pfizer scholar and a member of the Olin program in law and economics.
Prior to attending law school, Professor Crouch worked as a technical consultant for manufacturing firms in New England, as a research fellow at NASA’s Glenn Research Center, as a software developer at the Mayo Clinic’s department of biomedical imaging, and as a Peace Corps Volunteer in Ghana, West Africa. Dennis Crouch grew up on a farm near Pittsburg, Kansas.
Senior Litigation Counsel, New Civil Liberties Alliance
Throughout his 40-year career in private law practice in Washington, D.C., Richard Samp has specialized in appellate litigation with a focus on constitutional law. He served as Chief Counsel of the Washington Legal Foundation for more than 30 years. He has participated directly in more than 200 cases before the U.S. Supreme Court. Mr. Samp is a graduate of Harvard College and the University of Michigan Law School and clerked for a federal judge in Detroit.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Vice President of Law & Policy, Property and Environment Research Center
Jonathan Wood is vice president of law and policy at the Property and Environment Research Center (PERC). An attorney, Jonathan has litigated environmental and property-rights cases in the Supreme Court of the United States, federal and state appellate courts, and trial courts across the country. His writing has appeared in the Wall Street Journal, Washington Post, National Review, Reason, and other outlets. And his research has been published in journals such as Environmental Law Reporter, Yale Journal on Regulation Notice & Comment, Pace Environmental Law Review, and California Western Law Review.
Prior to coming to PERC, Jonathan was a senior attorney at Pacific Legal Foundation, where he litigated cases concerning the Endangered Species Act, Clean Water Act, and other federal environmental laws. He was co-counsel for forest landowners in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, in which the Supreme Court ruled unanimously that private land could not be arbitrarily regulated as critical habitat under the ESA. He also led a successful effort to reform regulation of threatened species to better align the incentives of private landowners with the interests of rare species.
Jonathan has testified before several congressional committees on wildlife conservation and endangered species topics. He has also appeared on national television and radio, including NPR’s All Things Considered, C-Span’s Washington Journal, Stossel, Fox News, and Hill.TV.
Jonathan has a law degree from the New York University School of Law, a masters degree in economic policy from the London School of Economics, and a bachelor’s degree in economics from the University of Texas. He is on the executive committee for the Federalist Society’s Environmental Law and Property Rights Practice Group and a steering committee member for the Environmental Law Institute’s Emerging Leaders Initiative.
Vice President of Domestic and Economic Policy, The Heritage Foundation
Roger Severino is Vice President of Economic and Domestic Policy, and the Joseph C. and Elizabeth A. Anderlik Fellow at The Heritage Foundation.
Severino is a national authority on civil rights, conscience and religious freedom, the administrative state, and information privacy, particularly as applied to health care law and policy. Find his tweets at @RogerSeverino_.
Severino spearheaded the HHS Accountability Project while a Senior Fellow at EPPC from 2021 to 2023. Previously, Severino was Director of HHS’ Office for Civil Rights, where he led a team of over 250 staff enforcing our nation’s civil rights, conscience and religious freedom, and health information privacy laws. He served from 2017 to 2021 and was the longest-serving OCR director of the past three decades.
Prior to joining HHS, Severino served for two years as Director of the DeVos Center for Religion and Civil Society at Heritage, advocating for life, family, and religious-freedom policies. Before that, he was a trial attorney for seven years at the U.S. Department of Justice’s Civil Rights Division where he enforced the Fair Housing Act and the Civil Rights Act of 1964. Severino started his legal career at the Becket Fund for Religious Liberty, where he was Legal Counsel and Chief Operations Officer and defended the rights of people of all faiths under federal and international law.
Severino has been profiled in The New York Times, The Atlantic, The Wall Street Journal, and The Hill and has appeared on Fox News, CNN, MSNBC, NPR, and PBS, among others. In 2020, The New York Times dubbed him and his wife Carrie, “a conservative power couple” to be reckoned with.
Severino holds a JD from Harvard Law School, a master’s degree in public policy, with highest distinction, from Carnegie Mellon University, and a bachelor’s degree in business from the University of Southern California. He was appointed by President Trump to the Administrative Conference of the United States and is a member of the District of Columbia and the Commonwealth of Virginia bars.
As OCR director, Severino founded the federal government’s first division dedicated exclusively to conscience and religious freedom compliance and enforcement. He enforced the Weldon Amendment for the first time against a state (California) after it coerced families and religious organizations into paying for abortion insurance coverage, leading to a $200 million federal funding disallowance. He also enforced laws protecting pro-life pregnancy resource centers from discrimination by states hostile to their message and enforced laws prohibiting forced participation in abortions by medical professionals.
With respect to civil rights, Severino protected older persons and people with disabilities from being denied life-saving care due to discriminatory “quality of life” judgments, especially during the COVID-19 pandemic. He also achieved a landmark sexual harassment resolution with Michigan State University in the wake of the Larry Nassar sexual assault scandal and protected the rights of non-English speakers to have equal access to health and human services.
In the area of health privacy, he secured the largest HIPAA monetary settlement in history and achieved the largest number of enforcement resolutions both in a single year and across four years. He also facilitated the transformational use of Skype, Zoom, and Facetime for delivery of telehealth during the COVID-19 pandemic and beyond.
His regulatory reform activities resulted in a comprehensive conscience protection regulation and proposed a life-affirming disability rights regulation. He achieved regulatory savings of $3.6 billion in health care industry costs over five years and identified and proposed an additional $3.2 billion in cost savings from the repeal of ineffective and unnecessary regulatory burdens.
Severino is a Spanish speaker who teaches salsa and west coast swing in his spare time.