Legal News Roundup: 10/5/2015
President Obama announced that the United States and eleven other nations around the Pacific had...
Litigation Practice Group
Mary Beth Buchanan, Jan Crawford, Zach Mayo
President Obama announced that the United States and eleven other nations around the Pacific had...
Mary Massaron, Brian T. Fitzpatrick
Litigation Practice Group Podcast
The federal rulemakers have begun a wholesale reexamination of the rule on class actions, Federal...
Neal K. Katyal, Gail L. Heriot, John P. Elwood, John F. Stinneford, Edward Whelan, Adam Liptak
Co-Sponsored by the Faculty Division and the Practice Groups
October 5th will mark the first day of the 2015 Supreme Court term. Thus far,...
Litigation Practice Group Podcast
Class action litigation will be front and center at the Supreme Court this Term, with...
A new post at the Graves Garrett, LLC blog highlights interesting points from a new...
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.
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.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Senior Fellow, The Civitas Institute, University of Texas at Austin
Richard A. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution from 2000 to 2024. Since 2024 to the present he is a senior lecturer at the Civitas Institute at the University of Texas—Austin. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and was a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Division of Biological Sciences, also from 1983. to 2022 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001. From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.
His newest book, The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says was published in 2026 (Encounter Books). Prior to that he has published many books including, The Dubious Morality of the Modern Administrative State (Roman & Littlefield 2020).Earlier he published th Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014) iHis previous books include Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press. 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Law & Business; 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998): Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard , 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited(with Catherine M. Sharkey) Cases and Materials on the Law of Torts (10th edition 2012).
Professor Epstein has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in administrative law, antitrust law, civil procedure, communications, constitutional law, contracts, corporations, criminal law, employment discrimination law, environmental law, food and drug law health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.
Professor Epstein also writes a regular column for Civitas Institute, which also sponsors his podcast, The Libertarian with Charles C.W. Cooke, and Law Talk, with Cooke and John Yoo. He also does a podcast with John Batchelor. And appears regularly on the Freedom File with Judge Andrew Napolitano.
Professor of Law, Associate Dean for Global Programs, Faculty Director for the Neukom Center for the Rule of Law, Stanford University
Diego A. Zambrano’s primary research and teaching interests lie in the areas of civil procedure and comparative law. A central focus of his research is private enforcement—the distinctively American phenomenon of regulating major policy areas through private litigation rather than public agencies. Professor Zambrano is authoring a book on this subject, How Americans Enforce the Law, which traces the historical roots of this regulatory approach and evaluates where private enforcement is effective and where it falls short, including his critique of its use in areas like environmental law. He also has an interest in comparative constitutional law and legal developments related to Latin America. Professor Zambrano is the Associate Dean for Global Programs and faculty director of the Neukom Center for the Rule of Law. In 2021, Professor Zambrano received the Barbara Allen Babcock Award for Excellence in Teaching.
Professor Zambrano’s scholarship has appeared or is forthcoming at the Columbia Law Review, University of Chicago Law Review, Michigan Law Review, Northwestern University Law Review, Stanford Law Review, University of Pennsylvania Law Review, and Virginia Law Review, among other journals, and has been honored by the American Association of Law Schools (AALS) and the National Civil Justice Institute. Professor Zambrano is a co-author of the leading casebook Civil Procedure: A Modern Approach (8th ed. 2024) (with Marcus, Pfander, and Redish). In addition, Professor Zambrano served as chair of the Federal Courts Section of the AALS. He also writes about legal issues for broader public audiences, with his contributions appearing in the Journal of Democracy, Wall Street Journal, BBC News, and Lawfare.
After graduating with honors from Harvard Law School in 2013, Professor Zambrano spent three years as an associate at Cleary Gottlieb in New York, focusing on transnational litigation and arbitration. Before joining Stanford Law School in 2018, Professor Zambrano was a Bigelow Teaching Fellow at the University of Chicago Law School.
Professor Zambrano’s forthcoming publications include: “Common Informers and Government by Lawsuit” and “Boring Constitutionalism.” For a list of recent papers, visit his SSRN page.
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.”
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.
President, Americas and Global Chief Legal Officer, Merkle Science
Mary Beth Buchanan is currently President, Americas and Global Chief Legal Officer at Merkle Science. She was former General Counsel for Kraken Cryptocurrency Exchange. She was a partner at Bryan Cave LLP in the firm’s White Collar Defense and Investigations and Securities Litigation and Enforcement Client Service Groups. She concentrated her practice on white collar criminal defense, SEC and FINRA enforcement matters, corporate and accounting fraud, internal investigations, corporate compliance, foreign corrupt practices violations, Congressional investigations and complex civil litigation.
Ms. Buchanan served as the United States Attorney for the Western District of Pennsylvania from September 2001 to November 2009, having been appointed by President George W. Bush. She is the only woman in Pennsylvania's history to be presidentially appointed to this position. As the United States Attorney, Ms. Buchanan oversaw the prosecution of more than 5,000 cases, including corporate and securities fraud, bank fraud, foreign corrupt practices, false claims, money laundering, health care fraud, public corruption and a broad range of violent crimes. Prior to that time, Ms. Buchanan spent more than 13 years as an Assistant United States Attorney litigating criminal, civil and appellate cases.
During her tenure as the United States Attorney, Ms. Buchanan also held several posts at the DOJ, including serving as the director of the Executive Office for United States Attorneys, acting director of the DOJ’s Office on Violence Against Women and chair of the Attorney General’s Advisory Committee. Ms. Buchanan also served on the U.S. Sentencing Commission's Organizational Guidelines Advisory Committee, which made recommendations to the Commission for amendments to the Sentencing Guidelines for Business Organizations.
Chief Legal Correspondent, CBS News
Jan Crawford is CBS News' chief legal correspondent and contributes regularly to the "CBS Evening News," "CBS This Morning," and "Face the Nation," as well as CBS News Radio and CBSNews.com.
Crawford joined CBS News in October 2009. She had been a regular contributor to CBS News in 2005 to 2006.
Crawford is a recognized authority on the Supreme Court whose 2007 book, "Supreme Conflict: The Inside Story of the Struggle for the Control of the United States Supreme Court" (Penguin Press), gained critical acclaim and became an instant New York Times Bestseller. She began covering the Court in 1994 for the Chicago Tribune and went on to become a law and political correspondent for all ABC News programs, a Supreme Court analyst for The NewsHour With Jim Lehrer on PBS and a legal analyst for CBS News' "CBS Evening News" and "Face the Nation." She has reported on most of the major judicial appointments and confirmation hearings of the past 15 years and amassed crucial sources in the White House, the Justice Department and Congress along the way.
Chief Justice John Roberts granted his first network television interview to Crawford, just one of the rare interviews she was able to obtain with a total of five of the Court's current members, as well as retired Justice Sandra Day O'Connor. Crawford also sat down with then-86-year-old Justice John Paul Stevens in his first television interview, as well as Justices Clarence Thomas, Antonin Scalia and Stephen Breyer.
Crawford's in-depth reports on the Bush Administration's legal war on terror and her exclusive reports on controversial interrogation techniques used for terror suspects have received wide acclaim and been credited with being a catalyst for congressional hearings. Washingtonian Magazine named her one of Washington's top journalists.
Crawford began her journalistic career at the Tribune in 1987, joining the legal affairs beat in 1993, after her graduation from the University of Chicago Law School. The newspaper awarded Crawford its highest award in 2001, for her role on a team of reporters covering the presidential election of 2000, and the legal battles over the White House. She won the same prize for her 13-part series on the post-civil rights South, a project that brought her back to her native Alabama.
Crawford graduated from the University of Alabama in 1987. She has taught journalism at American University and frequently speaks about the Court to universities, law schools, legal organizations and civic groups across the country. She is a member of the New York Bar. She and her family live in Washington D.C.
Partner, Plunkett Cooney
Ms. Massaron is a past president of DRI - The Voice of the Defense Bar. She is President-Elect of the Lawyers for Civil Justice (LCJ) and currently chairs its Class Action Reform Committee. In addition to being a recognized leader of the defense bar, Ms. Massaron's skill as an appellate lawyer has been nationally recognized. She is a fellow in the American Academy of Appellate Lawyers, a member of the American Law Institute (ALI), and has served as chair of the ABA Council of Appellate Lawyers (CAL), a division of the Appellate Judges Conference, the ABA TIPS Appellate Advocacy Committee, and the Appellate Practice Section of the State Bar of Michigan. She has handled significant appeals in state and federal appellate courts for governmental and private clients including representing property owners to overturn decades-old precedent involving condemnation, establishing the retroactivity of dealer statute amendments before the Michigan Supreme Court, and overturning multi-million dollar judgments on appeal.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Partner, Millbank LLP
Mr. Katyal, the former Acting Solicitor General of the United States, focuses on appellate and complex litigation. He has argued 54 cases before the Supreme Court of the United States.
He has extensive experience in matters of antitrust, corporate, constitutional, securities, technology, criminal, patent, copyright, trademark, ERISA, products liability, labor, employment and tribal law. In the 2022-23 Supreme Court term, he argued five separate cases (nearly 10% of the docket), including winning the landmark voting case Moore v. Harper, which Judge Michael Luttig described as “the most important case for American democracy in the almost two and a half centuries since America’s founding.” Judge Luttig also said Mr. Katyal’s argument “was the single best oral argument I have ever heard made in the Supreme Court of the United States.” His cases include successfully striking down the Guantanamo military tribunals, successfully defending the constitutionality of the Voting Rights Act and successfully defending the Peace Cross in Maryland. His 2017 win in Bristol Myers Squibb v. Superior Court was a landmark victory for personal jurisdiction law and his 2006 win in Hamdan v. Rumsfeld was described by former Acting Solicitor General Walter Dellinger as “simply the most important decision on presidential power and the rule of law ever. Ever.”
From 2010 to 2011, Mr. Katyal served as Acting Solicitor General of the United States, where he argued several major Supreme Court cases involving a variety of issues, such as his successful defense of the constitutionality of the Voting Rights Act of 1965, his victorious defense of former Attorney General John Ashcroft for alleged abuses in the war on terror, his unanimous victory against eight states who sued the nation's leading power plants for contributing to global warming, and a variety of other matters. As Acting Solicitor General, he was responsible for representing the federal government of the United States in all appellate matters before the US Supreme Court and the Courts of Appeals throughout the nation. He served as Counsel of Record hundreds of times in the US Supreme Court. He was also the only head of the Solicitor General's office to argue a case in the US Court of Appeals for the Federal Circuit, on the important question of whether certain aspects of the human genome were patentable.
After graduating from Yale Law School, Mr. Katyal clerked for The Honorable Guido Calabresi of the US Court of Appeals for the Second Circuit as well as for The Honorable Justice Stephen G. Breyer of the US Supreme Court. He also served in the Deputy Attorney General's Office at the Justice Department as National Security Advisor and as Special Assistant to the Deputy Attorney General during 1998-1999.
Mr. Katyal is a best-selling New York Times author and has published dozens of scholarly articles in law journals (including several in the Harvard Law Review and Yale Law Journal), as well as many op-ed articles in publications such as the New York Times and the Washington Post. He has testified numerous times before various committees of both the US House of Representatives and the US Senate.
Senior Scholar, Manhattan Institute; Professor of Law Emerita, University of San Diego
Gail Heriot is a Senior Scholar at the Manhattan Institute, a Professor of Law Emerita at the University of San Diego and the Chairman of the Board of the American Civil Rights Project. She served on the U.S. Commission on Civil Rights for 18 years. Her new book is entitled “Why We Walk on Eggshells: How Our Civil Rights Laws Stifle Our Public Discourse.”
Partner, Arnold & Porter
John Elwood is the head of Arnold & Porter’s Appellate and Supreme Court practice. He has argued before the Supreme Court nine times, and appeared before most of the federal courts of appeals. He has successfully argued cases across a broad cross-section of subjects, with particular experience in environmental law, the False Claims Act, government contracting, and federal criminal law
Mr. Elwood’s work has earned him recognition as one of Washington’s top Supreme Court lawyers (Washingtonian, 2013), as one of “a small group of lawyers” with an “outsized influence at the U.S. Supreme Court” (Reuters, 2014), and as one of the country’s most innovative lawyers (Financial Times, 2014). Chambers USA reports that “[t]he much-admired John Elwood is praised for his advocacy skills” (2013), and describes Mr. Elwood as “phenomenal” (2014), “incredibly talented” (2012), and “a much-loved and widely respected lawyer who is quick on his feet” (2010).
Before joining the firm, Mr. Elwood served in senior-level positions in the U.S. Department of Justice. Beginning as an Assistant to the Solicitor General, and continuing with the firm, he has briefed more than 20 merits cases before the Supreme Court of the United States, and has briefed approximately 135 cases at the certiorari stage. As the senior Deputy in the Office of Legal Counsel, he advised the White House and federal agencies on a range of constitutional, statutory, and regulatory issues.
Edward Rood Eminent Scholar Chair, Professor of Law, and Senior Fellow, Hamilton Center for Classical and Civic Education, University of Florida Levin College of Law
Professor Stinneford researches, teaches, and consults about legal ethics, criminal law, criminal procedure, and constitutional law. His work has been cited by the United States Supreme Court, several state supreme courts and federal courts of appeal, and numerous scholars. It has been published in numerous scholarly journals including the Georgetown Law Journal, the Northwestern University Law Review, the Virginia Law Review, the Notre Dame Law Review, and the William & Mary Law Review. The Stanford-Yale Junior faculty forum selected one of his articles as the best paper in the category of Constitutional History, and the AALS Criminal Justice Section named another article as the best paper in its Junior Scholars Paper Competition. In the fall of 2015, he was a Visiting Scholar at the Georgetown Law Center, Center for the Constitution.
John Stinneford was the inaugural Director and serves as a Senior Fellow of the Hamilton Center for Classical and Civic Education at the University of Florida. The Hamilton Center is a new academic unit whose mission is to promote civic education and civic discourse and to foster intellectual diversity. Its core purpose is to help students develop the knowledge, habits of thought, analytical skills, and character to be citizens and leaders in a free society. It will do so through curriculum, public programming, and (in conjunction with the Florida Department of Education) teacher training. Its curriculum will focus primarily on the Western intellectual tradition and the American founding.
Before joining the Florida faculty in 2009, Stinneford clerked for the Hon. James Moran of the United States District Court for the Northern District of Illinois, served as an Assistant United States Attorney, and practiced law with Winston & Strawn in Chicago. Stinneford teaches first-year courses in Criminal Law and Constitutional Law, and upper-level courses in Professional Responsibility, Criminal Procedure, Federal Criminal Law, Law & Literature, and White Collar Crime.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Supreme Court Correspondent, The New York Times
Adam Liptak covers the Supreme Court for The New York Times. Liptak’s column on legal affairs, “Sidebar,” appears every other Tuesday.
A graduate of Yale College and Yale Law School, Liptak practiced law at a large New York City law firm and in the legal department of The New York Times Company before joining the paper’s news staff in 2002.
Liptak was a finalist for the Pulitzer Prize in explanatory reporting in 2009 for “American Exception,” a series of articles examining ways in which the American legal system differs from those of other developed nations. He received the 2010 Scripps Howard Award for Washington reporting for a five-part series on the Roberts Court.
He is the author of “To Have and Uphold: The Supreme Court and the Battle for Same-Sex Marriage.”
His journalism has appeared in The New Yorker, Vanity Fair, Business Week and Rolling Stone, and he has published articles in The Arizona Law Review, The Michigan Law Review and The New York University Annual Survey of American Law.
Liptak has taught courses at Yale, Columbia, the University of Chicago, Washington University in St. Louis, the University of Southern California and U.C.L.A. He is a member of the American Academy of Arts and Sciences.
Associate Chief Counsel for Litigation, U.S. Chamber Of Commerce
Warren Postman is Associate Chief Counsel for Litigation for the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. Mr. Postman has extensive experience handling appellate, trial, and regulatory matters on behalf of American businesses.
Before joining the Chamber, Mr. Postman practiced law with the international law firm of Jones Day. His practice focused on high impact litigation and regulatory counseling, with a particular focus on representing companies in disputes with the federal government.
During the 2008 Term of the Supreme Court of the United States, Mr. Postman clerked for Associate Justice David Souter. He also clerked for Judge William A. Fletcher of the United States Court of Appeals for the Ninth Circuit.
He graduated magna cum laude from Harvard Law School, where he was a member of the Law Review, and also graduated magna cum laude from Brandeis University, where he was a member of Phi Beta Kappa. Born and raised in Vermont, Mr. Postman now lives in Virginia with his wife and two children.
Daniel T. Richards is Vice President & Director, Digital at the Federalist Society, overseeing strategy, operations, and value measurement for FedSoc Digital. In this role, he manages the Society's video content (FedSoc Films) and marketing—including social media, advertising, analytics, and graphic design. He is an executive producer for the feature-length documentary, They Say It Can't Be Done. He holds a Bachelor of Arts degree in English Writing from Millikin University and a Master of Arts degree in Professional Communication from Clemson University.