Research Fellow, American Enterprise Institute
John Fortier is the principal contributor to the AEI-Brookings Election Reform Project and executive director of the Continuity of Government Commission. A political scientist who has taught at the University of Pennsylvania, the University of Delaware, Boston College, and Harvard University, Mr. Fortier has written numerous scholarly and popular articles. His books include Second-Term Blues: How George W. Bush Has Governed (Brookings Institution Press, 2007); Absentee and Early Voting: Trends, Promises, and Perils (AEI Press, 2006); and After the People Vote: A Guide to the Electoral College (AEI Press, 2004). Mr. Fortier writes a column for Politico and is a frequent radio and television commentator on the presidency, Congress, and elections.
Senior Attorney, Institute for Justice
Robert Frommer serves as a senior attorney with the Institute for Justice. He joined the Institute in August 2008 and is currently litigating on behalf of SpeechNow.org, a group challenging the federal campaign finance laws regarding free speech.
Before joining IJ, Robert was an attorney with the Washington, D.C., office of Gibson, Dunn & Crutcher LLP, where he litigated both complex litigation and public-interest matters. He is a former law clerk to Judge Morris Sheppard Arnold of the U.S. Court of Appeals for the Eighth Circuit.
Robert received his law degree magna cum laude from the University of Michigan Law School in 2004, where he was elected to the Order of the Coif and served as both a book review editor for the Michigan Law Review and president of the Federalist Society student chapter. Before going to law school, Robert earned a master's degree in economics from George Mason University.
Independent Analyst, None
Allison Hayward most recently served as the Head of Case Selection at the Oversight Board. Previously, she was a Commissioner at the California Fair Political Practices Commission, a Board Member at the Office of Congressional Ethics, and an Assistant Professor of Law at George Mason University School of Law. She also previously worked as Chief of Staff and Counsel in the office of Federal Election Commission Commissioner Bradley A. Smith and practiced election law in California and in Washington DC.
In 1994-1995, Professor Hayward was a judicial clerk for the Honorable Danny J. Boggs, United States Court of Appeal for the Sixth Circuit.
She is a member of the State Bar of California and the District of Columbia Bar.
Chancellor's Professor of Law and Political Science, University of California, Irvine School of Law
Professor Richard L. Hasen is Chancellor’s Professor of Law and Political Science at the University of California, Irvine. Hasen is a nationally recognized expert in election law and campaign finance regulation, and is co-author of a leading casebook on election law.
From 2001-2010, he served (with Dan Lowenstein) as founding co-editor of the quarterly peer-reviewed publication, Election Law Journal. He is the author of over 100 articles on election law issues, published in numerous journals including the Harvard Law Review, Stanford Law Review and Supreme Court Review. He was elected to The American Law Institute in 2009 and served as an Adviser on ALI’s law reform project, Principles of Election Law: Resolution of Election Disputes.
Professor Hasen was named one of the 100 most influential lawyers in America by The National Law Journal in 2013, and one of the Top 100 Lawyers in California in 2005 and 2016 by the Los Angeles and San Francisco Daily Journal.
His op-eds and commentaries have appeared in many publications, including The New York Times, The Washington Post, Politico, and Slate. Hasen also writes the often-quoted Election Law Blog, which the ABA Journal named to its “Blawg 100 Hall of Fame” in 2015. His newest book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption, will be published in 2018 by Yale University Press.
Professor Hasen holds a B.A. degree (with highest honors) from UC Berkeley, and a J.D., M.A., and Ph.D. (Political Science) from UCLA. After law school, Hasen clerked for the Honorable David R. Thompson of the United States Court of Appeals for the Ninth Circuit, and then worked as a civil appellate lawyer at the Encino firm Horvitz and Levy.
From 1994-1997, Hasen taught at the Chicago-Kent College of Law and from 1998-2011 he taught at Loyola Law School, Los Angeles, where he was named the William H. Hannon Distinguished Professor of Law in 2005. He joined the UC Irvine School of Law faculty in July 2011, and is a faculty member of the UC Irvine Jack W. Peltason Center for the Study of Democracy.
Senior Attorney, DC, Pacific Legal Foundation
Steve Simpson joined PLF in 2019 to head up its Separation of Powers practice group.
Steve’s career in public interest law started at the Institute for Justice in 2001, where he litigated free speech, campaign finance, and economic liberty cases. Among other high-profile cases in which Steve was involved, he was co-counsel in Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, IJ’s successful Supreme Court challenge to Arizona’s public financing law for political campaigns. He was the lead litigator in SpeechNow.org v. FEC, a joint effort between IJ and the Institute for Free Speech that led to the creation of super PACs. And he was co-counsel in Swedenburg v. Kelly, IJ’s successful Supreme Court challenge to New York’s ban on the interstate shipping of wine.
In 2013, Steve moved into the policy arena as the Ayn Rand Institute’s director of Legal Studies, where he spent five years writing and speaking on a wide variety of legal and cultural issues. From there, he moved back into law as senior litigation counsel at the New Civil Liberties Alliance in Washington, D.C.
Steve has spoken and written on a wide variety of legal and policy issues. He has testified in Congress and briefed congressional staffers. He has been interviewed on scores of television and radio programs, including PBS News Hour, Stossel, and The Rubin Report. His writings have appeared in many publications, including The Wall Street Journal and The Washington Post. In 2014, Steve was a Lincoln Fellow at the Claremont Institute. He is the editor of Defending Free Speech (ARI Press, 2016).
Steve earned his law degree magna cum laude from New York Law School in 1994. Following law school, he clerked for a federal district judge in the Southern District of Florida and spent several years as a litigator at Shearman & Sterling.
When he’s not at work or spending time with his wife and three daughters, Steve can usually be found mucking around in the woods at his cabin on Shenandoah Mountain.
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).
United States Senator, Texas
Ted Cruz represents 28 million Texans in the U.S. Senate as a passionate fighter for limited government and economic growth. He has authored 39 legislative measures signed into law. Recent victories include expanding 529 college savings accounts to allow parents to save for K–12 public, private, and religious education, leading the effort to repeal Obamacare’s individual mandate, imposing sanctions on terrorists who use civilians as human shields, designating North Korea as a state sponsor of terrorism, reauthorizing and reforming NASA, ensuring the availability of additional records to help solve civil rights cold cases, supporting thousands of Texas jobs, and leading the fight to confirm principled constitutionalists to our courts.
Senator Cruz is a graduate of Princeton University and Harvard Law School, a former law clerk to Chief Justice William Rehnquist, and former solicitor general of Texas. He has argued nine cases before the Supreme Court. In November of 2018, he was re-elected to the Senate by the people of Texas.
Managing Attorney, American Civil Liberties Union of Southern California
Justice, Texas First District 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.
President and CEO, Liberty Strategies LLC
Bob Barr represented the 7th District of Georgia in the U. S. House of Representatives from 1995 to 2003, and now practices law in Atlanta, Georgia, where he serves as chairman of the state’s Judicial Qualifications Commission. Bob also chairs Liberty Guard, Inc. a non-profit and non-partisan organization dedicated to protecting individual liberty. He also heads a consulting firm, Liberty Strategies, Inc., and is a registered Mediator and Arbitrator. Bob has taught constitutional law at Atlanta’s John Marshall Law School and government at Kennesaw State University.
Bob is a member of the Board of Directors for the National Rifle Association, and serves on the Board of the Interactive College of Technology. He is a member of Tau Kappa Epsilon Fraternity.
From 2003 to 2008, Bob occupied the 21st Century Liberties Chair for Freedom and Privacy at the American Conservative Union. He served as a member of The Constitution Project’s Initiative on Liberty and Security, and from 2003 to 2005 was a member of a project at Harvard University’s Kennedy School of Government addressing matters of privacy and security. Barr has served as an advisory board member for Privacy International, headquartered in London, and was labeled “Mr. Privacy” by former New York Times columnist William Safire. He was the Libertarian Party nominee for President in 2008.
Bob has appeared on virtually every major cable and network television program dealing with public policy matters. He writes regularly for Townhall.com, The Daily Caller, and The Marietta Daily Journal, and has been a columnist and blogger for the Atlanta Journal-Constitution. He writes occasional pieces for other publications and hosts a regular podcast, “Bob Barr’s Laws of the Universe.” He is the author of three books: “The Meaning of Is: The Squandered Impeachment and Wasted Legacy of William Jefferson Clinton,” “Patriot Nation: Bob Barr’s Laws of the Universe Volume One,” and “Lessons in Liberty.”
Bob was appointed by President Reagan as the United States Attorney for the Northern District of Georgia (1986-90), served as President of Southeastern Legal Foundation from 1990-91, and was an official with the CIA from 1971-78. Additionally, he has served as a member of U.S. delegations at several United Nations conferences on firearms.
Bob Barr was awarded his law degree from Georgetown University, his master’s degree from The George Washington University, and his bachelor’s degree from the University of Southern California. He and his wife Jeri live in Smyrna, Georgia just outside Atlanta.
Partner, Katten Muchin Rosenman LLP
Gil M. Soffer is Co-Chair of the firm's National White Collar Practice. He joined the Firm in August 2000, after six years as a federal prosecutor. Mr. Soffer concentrates his practice in white collar criminal litigation, particularly corporate fraud litigation; corporate investigations; insurance litigation; and anti-fraud counseling and litigation. Mr. Soffer is also involved in a wide range of matters involving reinsurance, health care, and alternative dispute resolution.
In January 2008, Mr. Soffer accepted a position as Counsel to the Deputy Attorney General in Washington, D.C., and shortly thereafter was appointed Associate Deputy Attorney General. During his year-long term with the Department of Justice, Mr. Soffer advised the Deputy Attorney General on criminal matters at the Department, with particular emphasis on corporate fraud prosecutions. He played an integral role in drafting the Department's Corporate Monitor Principles and Corporate Charging Principles, and provided training on the latter policy to U.S. Attorneys' Offices nationwide. Mr. Soffer also managed the President's Corporate Fraud Task Force and briefed members of Congress about criminal matters within the Department of Justice.
Mr. Soffer had previously served in the Department of Justice when he was an Assistant U.S. Attorney in the United States Attorney's Office in Chicago (1994 - 2000). In that capacity, he prosecuted a wide range of federal crimes, including bank, mail, wire, tax, and insurance fraud; narcotics and firearms trafficking; bank robbery; embezzlement; and money laundering. In November 1996, Mr. Soffer received the Director's Award for Superior Performance as an Assistant U.S. Attorney from then-Attorney General Janet Reno.
Mr. Soffer graduated magna cum laude from Brown University in 1986 and earned his J.D., cum laude, from Harvard Law School in 1989. Upon graduating from law school, Mr. Soffer clerked in the U.S. District Court for the Northern District of Illinois under Judge John A. Nordberg. After his clerkship, Mr. Soffer became an associate with the law firm of McCutchen, Doyle, Brown & Enersen in San Francisco, where he practiced in the general litigation department.
Mr. Soffer is a member of the American Bar Association and is admitted to practice in Illinois and California. He has served as an Adjunct Professor at Loyola University Law School, where he taught Federal Criminal Prosecution. Mr. Soffer has lectured on subjects ranging from corporate internal investigations to deferred prosecution agreements, appeared regularly as a legal expert on the ABC News Now program Guilt or Innocence, and testified before Congress about the use and selection of corporate monitors in criminal cases.
In December 2009, Mr. Soffer was appointed by Illinois Governor Quinn to serve as a Commissioner on the Illinois Executive Ethics Commission. The nine-member Commission was formed to promote ethics in the executive branch of public service and to ensure that state business is conducted with fairness and integrity. Toward that end, the Commission adjudicates alleged violations of the Illinois Ethics Act and provides guidance to the State's ethics officers.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Boochever and Bird Chair for the Study and Teaching of Freedom a, UC-Davis School of Law
Alan Brownstein, a nationally recognized Constitutional Law scholar, teaches Constitutional Law, Law and Religion, and Torts at UC Davis School of Law. While the primary focus of his scholarship relates to church-state issues and free exercise and establishment clause doctrine, he has also written extensively on freedom of speech, privacy and autonomy rights, and other constitutional law subjects. His articles have been published in numerous academic journals including the Stanford Law Review, Cornell Law Review, UCLA Law Review and Constitutional Commentary. Brownstein received the UC Davis School of Law's Distinguished Teaching Award in 1995 and the UC Davis Distinguished Scholarly Public Service Award in 2008. He is a member of the American Law Institute.
Professor Brownstein has testified on several occasions before various California Senate Committees on legislation promoting religious liberty and bills that raise Establishment Clause concerns. His assistance is often sought by advocacy groups on issues relating to religious liberty and equality. He is a frequent invited lecturer at academic conferences and regularly participates as a speaker or panelist in law related programs before civic, legal, religious, and educational groups. He is the co-author of dozens of Findlaw columns discussing a range of legal issues.
A graduate of Antioch College and Harvard Law School (where he served as a Case Editor of the Harvard Law Review), Brownstein was an attorney in general litigation and corporate practice with the law firm of Tuttle & Taylor in Los Angeles before joining the UC Davis law faculty. From 1977-78, he clerked for the Honorable Frank M. Coffin, Chief Judge of the U.S. District Court of Appeals for the 1st Circuit in Portland, Maine.
"Most lawyers do not practice constitutional law," Brownstein notes, "but members of the Bar bear a special responsibility for understanding constitutional doctrine and communicating its meaning to non-lawyers. The role that constitutional law plays in our society depends in part on the interplay between courts and the political culture. If judicial decisions are unintelligible to the polity and no group accepts responsibility for explaining the Constitution's evolving meaning to the polity, we undermine part of the foundation of the constitutional scheme of things."
Associate Justice, Supreme Court of the United States
Associate Justice Brett Kavanaugh was born in Washington, D.C., on February 12, 1965. He married Ashley Estes in 2004, and they have two daughters - Margaret and Liza. He received a B.A. from Yale College in 1987 and a J.D. from Yale Law School in 1990. He served as a law clerk for Judge Walter Stapleton of the U.S. Court of Appeals for the Third Circuit from 1990-1991, for Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit from 1991-1992, and for Justice Anthony M. Kennedy of the U.S. Supreme Court during the 1993 Term. In 1992-1993, he was an attorney in the Office of the Solicitor General of the United States. From 1994 to 1997 and for a period in 1998, he was Associate Counsel in the Office of Independent Counsel. He was a partner at a Washington, D.C., law firm from 1997 to 1998 and again from 1999 to 2001. From 2001 to 2003, he was Associate Counsel and then Senior Associate Counsel to President George W. Bush. From 2003 to 2006, he was Assistant to the President and Staff Secretary for President Bush. He was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 2006. President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on October 6, 2018.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
F. Elwood and Eleanor Davis Professor Emeritus of Law, The George Washington University Law School
Professor Lupu joined the law school in 1990. After graduating from law school, where he was case editor of the Harvard Law Review, he practiced law with the Boston firm of Hill & Barlow and then joined the law faculty at Boston University, where he taught from 1973 to 1989. During that time, he also served as a visiting professor at Northeastern University and at the University of California, Berkeley. In 1989–90, he was the professor-in-residence on the Appellate Staff of the Civil Division of the U.S. Department of Justice.
Professor Lupu is a nationally recognized scholar in constitutional law, with an emphasis in his writings on the religion clauses of the First Amendment. Together with his colleague Professor Robert Tuttle, Professor Lupu is the co-author of Secular Government, Religious People (Eerdmans Pub. Co., 2014) and many law journal articles.
Boochever and Bird Chair for the Study and Teaching of Freedom a, UC-Davis School of Law
Alan Brownstein, a nationally recognized Constitutional Law scholar, teaches Constitutional Law, Law and Religion, and Torts at UC Davis School of Law. While the primary focus of his scholarship relates to church-state issues and free exercise and establishment clause doctrine, he has also written extensively on freedom of speech, privacy and autonomy rights, and other constitutional law subjects. His articles have been published in numerous academic journals including the Stanford Law Review, Cornell Law Review, UCLA Law Review and Constitutional Commentary. Brownstein received the UC Davis School of Law's Distinguished Teaching Award in 1995 and the UC Davis Distinguished Scholarly Public Service Award in 2008. He is a member of the American Law Institute.
Professor Brownstein has testified on several occasions before various California Senate Committees on legislation promoting religious liberty and bills that raise Establishment Clause concerns. His assistance is often sought by advocacy groups on issues relating to religious liberty and equality. He is a frequent invited lecturer at academic conferences and regularly participates as a speaker or panelist in law related programs before civic, legal, religious, and educational groups. He is the co-author of dozens of Findlaw columns discussing a range of legal issues.
A graduate of Antioch College and Harvard Law School (where he served as a Case Editor of the Harvard Law Review), Brownstein was an attorney in general litigation and corporate practice with the law firm of Tuttle & Taylor in Los Angeles before joining the UC Davis law faculty. From 1977-78, he clerked for the Honorable Frank M. Coffin, Chief Judge of the U.S. District Court of Appeals for the 1st Circuit in Portland, Maine.
"Most lawyers do not practice constitutional law," Brownstein notes, "but members of the Bar bear a special responsibility for understanding constitutional doctrine and communicating its meaning to non-lawyers. The role that constitutional law plays in our society depends in part on the interplay between courts and the political culture. If judicial decisions are unintelligible to the polity and no group accepts responsibility for explaining the Constitution's evolving meaning to the polity, we undermine part of the foundation of the constitutional scheme of things."
Associate Justice, Supreme Court of the United States
Associate Justice Brett Kavanaugh was born in Washington, D.C., on February 12, 1965. He married Ashley Estes in 2004, and they have two daughters - Margaret and Liza. He received a B.A. from Yale College in 1987 and a J.D. from Yale Law School in 1990. He served as a law clerk for Judge Walter Stapleton of the U.S. Court of Appeals for the Third Circuit from 1990-1991, for Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit from 1991-1992, and for Justice Anthony M. Kennedy of the U.S. Supreme Court during the 1993 Term. In 1992-1993, he was an attorney in the Office of the Solicitor General of the United States. From 1994 to 1997 and for a period in 1998, he was Associate Counsel in the Office of Independent Counsel. He was a partner at a Washington, D.C., law firm from 1997 to 1998 and again from 1999 to 2001. From 2001 to 2003, he was Associate Counsel and then Senior Associate Counsel to President George W. Bush. From 2003 to 2006, he was Assistant to the President and Staff Secretary for President Bush. He was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 2006. President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on October 6, 2018.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
F. Elwood and Eleanor Davis Professor Emeritus of Law, The George Washington University Law School
Professor Lupu joined the law school in 1990. After graduating from law school, where he was case editor of the Harvard Law Review, he practiced law with the Boston firm of Hill & Barlow and then joined the law faculty at Boston University, where he taught from 1973 to 1989. During that time, he also served as a visiting professor at Northeastern University and at the University of California, Berkeley. In 1989–90, he was the professor-in-residence on the Appellate Staff of the Civil Division of the U.S. Department of Justice.
Professor Lupu is a nationally recognized scholar in constitutional law, with an emphasis in his writings on the religion clauses of the First Amendment. Together with his colleague Professor Robert Tuttle, Professor Lupu is the co-author of Secular Government, Religious People (Eerdmans Pub. Co., 2014) and many law journal articles.
H.H. Macaulay Endowed Professor of Economics, Clemson College of Business
Thomas Hazlett is the Hugh H. Macaulay Endowed Professor of Economics at Clemson University. He has previously held faculty positions at George Mason University, the University of California, Davis, and the Wharton School, and served as Chief Economist of the Federal Communications Commission. A noted expert in regulatory economics and information markets, his research has appeared in academic forums such as the Journal of Law & Economics, RAND Journal of Economics, the Journal of Financial Economics, the University of Pennsylvania Law Review and the Columbia Law Review. He has also written for such popular periodicals as the Wall Street Journal, The Economist, Slate, the N.Y. Times, N.Y. Daily News, Reuters.com, Business Week, The New Republic and the Financial Times. His most recent book, The Political Spectrum: The Tumultuous Liberation of Wireless Technology, from Herbert Hoover to the Smartphone, (Yale, 2017), was featured as one of the top tech books of the year at CES 2018.
Communications Director, Media Research Center
United States Representative, United States House of Representatives
Congressman Jamie Raskin proudly represents Maryland’s 8th Congressional District in the U.S. House of Representatives. The district includes Montgomery, Carroll, and Frederick Counties. Congressman Raskin was sworn into his second Term at the start of the 116th Congress on January 3, 2019.
Congressman Raskin is a returning Member of the House Judiciary Committee, the Committee on Oversight and Reform, and the Committee on House Administration. This Congress, he joined the House Committee on Rules and now Chairs the Rules Subcommittee on Expedited Procedures. Raskin is Vice Chair of the House Administration Committee, Chair of the Oversight Subcommittee on Civil Rights and Civil Liberties, and Vice Chair of the Judiciary Subcommittee on the Constitution. Raskin is the Caucus Leadership Representative for the 116th Congress, a role in which he represents Junior Members of the Caucus (those who have served five or less Terms) at the leadership table. He was also appointed to serve as a Senior Whip for the 116th Congress.
Prior to his time in Congress, Raskin was a three-term State Senator in Maryland, where he also served as the Senate Majority Whip. He earned a reputation for building coalitions in Annapolis to deliver a series of landmark legislative accomplishments. He was also a professor of constitutional law at American University’s Washington College of Law for more than 25 years. He authored several books, including the Washington Post best-seller Overruling Democracy: The Supreme Court versus the American People and the highly-acclaimed We the Students: Supreme Court Cases For and About America’s Students, which has sold more than 50,000 copies.
Congressman Raskin is a graduate of Harvard College and Harvard Law School. He and his wife, Sarah Bloom Raskin, live in Takoma Park with their dogs, Potter and Toby. They have three grown children: Tabitha, Tommy, and Hannah.
Judge, U.S. Court of Appeals, District of Columbia Circuit
Judge Sentelle was appointed United States Circuit Judge in October 1987, served as Chief Judge from February 11, 2008 until February 11, 2013, and took senior status on February 12, 2013. He is a 1968 graduate of the University of North Carolina Law School. Following law school, he practiced with the firm of Uzzell & DuMont until he became an Assistant U.S. Attorney in Charlotte, N.C. in 1970. From 1974 to 1977, he served as a North Carolina State District Judge but left the bench in 1977 to become a partner with the firm of Tucker, Hicks, Sentelle, Moon & Hodge. In 1985, Judge Sentelle joined the U.S. District Court, Western District of North Carolina, in Asheville, where he served until his appointment to the D.C. Circuit. Judge Sentelle was the Presiding Judge of the Special Division for the Purpose of Appointing Independent Counsels (1992-2006). He also served as the Chair of the U.S. Judicial Conference's Executive Committee (2010-2013). Judge Sentelle served for over 20 years as President of the Edward Bennett Williams Inn of the American Inns of Court.
H.H. Macaulay Endowed Professor of Economics, Clemson College of Business
Thomas Hazlett is the Hugh H. Macaulay Endowed Professor of Economics at Clemson University. He has previously held faculty positions at George Mason University, the University of California, Davis, and the Wharton School, and served as Chief Economist of the Federal Communications Commission. A noted expert in regulatory economics and information markets, his research has appeared in academic forums such as the Journal of Law & Economics, RAND Journal of Economics, the Journal of Financial Economics, the University of Pennsylvania Law Review and the Columbia Law Review. He has also written for such popular periodicals as the Wall Street Journal, The Economist, Slate, the N.Y. Times, N.Y. Daily News, Reuters.com, Business Week, The New Republic and the Financial Times. His most recent book, The Political Spectrum: The Tumultuous Liberation of Wireless Technology, from Herbert Hoover to the Smartphone, (Yale, 2017), was featured as one of the top tech books of the year at CES 2018.
Communications Director, Media Research Center
United States Representative, United States House of Representatives
Congressman Jamie Raskin proudly represents Maryland’s 8th Congressional District in the U.S. House of Representatives. The district includes Montgomery, Carroll, and Frederick Counties. Congressman Raskin was sworn into his second Term at the start of the 116th Congress on January 3, 2019.
Congressman Raskin is a returning Member of the House Judiciary Committee, the Committee on Oversight and Reform, and the Committee on House Administration. This Congress, he joined the House Committee on Rules and now Chairs the Rules Subcommittee on Expedited Procedures. Raskin is Vice Chair of the House Administration Committee, Chair of the Oversight Subcommittee on Civil Rights and Civil Liberties, and Vice Chair of the Judiciary Subcommittee on the Constitution. Raskin is the Caucus Leadership Representative for the 116th Congress, a role in which he represents Junior Members of the Caucus (those who have served five or less Terms) at the leadership table. He was also appointed to serve as a Senior Whip for the 116th Congress.
Prior to his time in Congress, Raskin was a three-term State Senator in Maryland, where he also served as the Senate Majority Whip. He earned a reputation for building coalitions in Annapolis to deliver a series of landmark legislative accomplishments. He was also a professor of constitutional law at American University’s Washington College of Law for more than 25 years. He authored several books, including the Washington Post best-seller Overruling Democracy: The Supreme Court versus the American People and the highly-acclaimed We the Students: Supreme Court Cases For and About America’s Students, which has sold more than 50,000 copies.
Congressman Raskin is a graduate of Harvard College and Harvard Law School. He and his wife, Sarah Bloom Raskin, live in Takoma Park with their dogs, Potter and Toby. They have three grown children: Tabitha, Tommy, and Hannah.
Judge, U.S. Court of Appeals, District of Columbia Circuit
Judge Sentelle was appointed United States Circuit Judge in October 1987, served as Chief Judge from February 11, 2008 until February 11, 2013, and took senior status on February 12, 2013. He is a 1968 graduate of the University of North Carolina Law School. Following law school, he practiced with the firm of Uzzell & DuMont until he became an Assistant U.S. Attorney in Charlotte, N.C. in 1970. From 1974 to 1977, he served as a North Carolina State District Judge but left the bench in 1977 to become a partner with the firm of Tucker, Hicks, Sentelle, Moon & Hodge. In 1985, Judge Sentelle joined the U.S. District Court, Western District of North Carolina, in Asheville, where he served until his appointment to the D.C. Circuit. Judge Sentelle was the Presiding Judge of the Special Division for the Purpose of Appointing Independent Counsels (1992-2006). He also served as the Chair of the U.S. Judicial Conference's Executive Committee (2010-2013). Judge Sentelle served for over 20 years as President of the Edward Bennett Williams Inn of the American Inns of Court.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Inez Milholland Professor of Civil Liberties, New York University School of Law
Burt Neuborne is the Inez Milholland Professor of Civil Liberties and founding Legal Director of the Brennan Center for Justice at NYU Law School. For 45 years, he has been one of the nation's foremost civil liberties lawyers, serving as National Legal Director of the ACLU from 1981-86, Special Counsel to the NOW Legal Defense and Education Fund from 1990-1996, and as a member of the New York City Human Rights Commission from 1988-1992. He has argued numerous Supreme Court cases, and has litigated literally hundreds of important constitutional cases in the state and federal courts. He challenged the constitutionality of the Vietnam War, pioneered the flag burning cases, worked on the Pentagon Papers case, worked with Justice Ruth Bader Ginsburg when she headed the ACLU Women's Rights Project, anchored the ACLU's legal program during the Reagan years, and defended the Legal Services program against unconstitutional attacks. He currently directs the legal program of the Brennan Center, especially its efforts to reinforce American democracy and secure campaign finance reform. The Brennan Center was established in 1994 to honor Justice William Brennan, Jr.’s monumental contribution to American Law.
At the same time, Professor Neuborne has forged a national reputation as a constitutional scholar and teacher. In 1990, he was the recipient of the University-wide Distinguished Teacher Award at New York University for his work in teaching Civil Procedure, Evidence, Federal Courts and Constitutional Law. He is the author of three books and over 20 law review articles on diverse areas of constitutional law and procedure. Among his best known scholarly works is the two-volume Political and Civil Rights in the United States, which he co-authored with NYU colleagues Norman Dorsen and Sylvia Law and the Deputy Solicitor General of the United States, Paul Bender. His 1992 lectures on American law at Universitat Pompeu Fabra in Barcelona have been translated and published in Spanish. In 2001, in recognition of his scholarship and his work in the courts, Professor Neuborne was elected to membership in the American Academy of Arts and Sciences.
In 1996, Professor Neuborne appeared as Jerry Falwell's lawyer in Milos Forman's The People v. Larry Flynt.
For the past 14 years, Professor Neuborne has served as a principal counsel in a series of lawsuits seeking to recover property unjustly taken from Holocaust victims by Swiss banks and German corporations during the Nazi era. The litigation has succeeded in assembling more than $8.5 billion for distribution to Holocaust victims and their families throughout the world. Professor Neuborne was appointed by the Court to oversee the $1.25 Swiss bank settlement, and was appointed by the United States to serve on the Board of Trustees of the German Foundation “Remembrance, Responsibility and Future,” established to distribute the $5.2 billion settlement in the German slave labor litigation.
Professor Neuborne is married to Helen Redleaf Neuborne.
Judge, United States Court of Appeals, Ninth Circuit
Judge O’Scannlain was appointed United States Circuit Judge for the Ninth Circuit by President Reagan on September 26, 1986. He received a J.D. degree in 1963 from Harvard Law School and a B.A. in 1957 from St. John’s University. He also earned the LL.M. (Judicial Process) degree at University of Virginia Law School in 1992. He was awarded the LL.D. (honoris causa) degree by the University of Notre Dame in 2002, the LL.D. (honoris causa) degree by Lewis & Clark College in 2003 and the LL.D. (honoris causa) degree by the University of Portland in 2011.
As a judge on the U.S. Court of Appeals for the Ninth Circuit, Judge O’Scannlain has participated in over 6,000 federal cases and has written hundreds of published opinions on a broad range of subjects including constitutional law, international law, securities law, administrative law, and criminal law. He hears appeals in San Francisco (court headquarters), as well as in Los Angeles (Pasadena), Portland, Seattle, Anchorage and Honolulu. The late Chief Justice Rehnquist appointed Judge O'Scannlain to the Federal Judicial Center's Advisory Committee on Appellate Judge Education. In 2009, Chief Justice Roberts appointed Judge O’Scannlain to the International Judicial Relations Committee of the U.S. Judicial Conference and subsequently appointed him Chairman in 2010.
President George W. Bush appointed Judge O’Scannlain to the Board of Trustees of the James Madison Memorial Fellowship Foundation in 2004. Pope Benedict XVI conferred the Order of Saint Gregory the Great on Judge and Mrs. O’Scannlain in 2007.
Judge O’Scannlain’s professional interests also include judicial administration and reform, and continuing legal education. Judge O’Scannlain is former Chair of the Judicial Division of the American Bar Association and has previously chaired the ABA’s Appellate Judges Conference, its Committee on Appellate Practice, and its 9th Appellate Practice Institute. He has testified before the Senate Judiciary Committee on several occasions, the House Judiciary Subcommittee on Courts and Intellectual Property, and the Commission on Structural Alternatives for the Federal Courts of Appeals on the subject of court reorganization. In addition to serving as a faculty member at numerous federal appellate practice seminars for judges and attorneys, including New York University Law School’s Institute for Judicial Administration, Judge O’Scannlain is an Adjunct Professor at Lewis & Clark Law School where he teaches a seminar on the Supreme Court. He has served as a Moot Court Judge at distinguished law schools across the United States including Harvard, Yale Stanford, Boalt Hall (Berkeley Law), Virginia, Cornell, Notre Dame, Fordham, Alabama, University of Southern California, King Hall (U.C. Davis) and Loyola Marymount University and in China at Xiamen and Renmin Universities.
Between graduation from Harvard and investiture as a federal judge, Judge O’Scannlain was primarily engaged in private law practice. Between 1969 and 1974, he was consecutively the Deputy Attorney General of Oregon, the Public Utility Commissioner of Oregon, and Director of the Oregon Department of Environmental Quality. He retired from the U.S. Army Reserve in 1978 as a Major after 23 years Reserve and National Guard service, including four years as an enlisted man.
A first generation Irish-American son of immigrant parents from Sligo and Derry, Judge O’Scannlain is married to the former Maura Nolan and has eight children: Sean, Jane, Brendan, Kevin, Megan, Christopher, Anne, and Kate, and nineteen grandchildren. His chambers are in the Pioneer Courthouse in Portland, Oregon.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Inez Milholland Professor of Civil Liberties, New York University School of Law
Burt Neuborne is the Inez Milholland Professor of Civil Liberties and founding Legal Director of the Brennan Center for Justice at NYU Law School. For 45 years, he has been one of the nation's foremost civil liberties lawyers, serving as National Legal Director of the ACLU from 1981-86, Special Counsel to the NOW Legal Defense and Education Fund from 1990-1996, and as a member of the New York City Human Rights Commission from 1988-1992. He has argued numerous Supreme Court cases, and has litigated literally hundreds of important constitutional cases in the state and federal courts. He challenged the constitutionality of the Vietnam War, pioneered the flag burning cases, worked on the Pentagon Papers case, worked with Justice Ruth Bader Ginsburg when she headed the ACLU Women's Rights Project, anchored the ACLU's legal program during the Reagan years, and defended the Legal Services program against unconstitutional attacks. He currently directs the legal program of the Brennan Center, especially its efforts to reinforce American democracy and secure campaign finance reform. The Brennan Center was established in 1994 to honor Justice William Brennan, Jr.’s monumental contribution to American Law.
At the same time, Professor Neuborne has forged a national reputation as a constitutional scholar and teacher. In 1990, he was the recipient of the University-wide Distinguished Teacher Award at New York University for his work in teaching Civil Procedure, Evidence, Federal Courts and Constitutional Law. He is the author of three books and over 20 law review articles on diverse areas of constitutional law and procedure. Among his best known scholarly works is the two-volume Political and Civil Rights in the United States, which he co-authored with NYU colleagues Norman Dorsen and Sylvia Law and the Deputy Solicitor General of the United States, Paul Bender. His 1992 lectures on American law at Universitat Pompeu Fabra in Barcelona have been translated and published in Spanish. In 2001, in recognition of his scholarship and his work in the courts, Professor Neuborne was elected to membership in the American Academy of Arts and Sciences.
In 1996, Professor Neuborne appeared as Jerry Falwell's lawyer in Milos Forman's The People v. Larry Flynt.
For the past 14 years, Professor Neuborne has served as a principal counsel in a series of lawsuits seeking to recover property unjustly taken from Holocaust victims by Swiss banks and German corporations during the Nazi era. The litigation has succeeded in assembling more than $8.5 billion for distribution to Holocaust victims and their families throughout the world. Professor Neuborne was appointed by the Court to oversee the $1.25 Swiss bank settlement, and was appointed by the United States to serve on the Board of Trustees of the German Foundation “Remembrance, Responsibility and Future,” established to distribute the $5.2 billion settlement in the German slave labor litigation.
Professor Neuborne is married to Helen Redleaf Neuborne.
Judge, United States Court of Appeals, Ninth Circuit
Judge O’Scannlain was appointed United States Circuit Judge for the Ninth Circuit by President Reagan on September 26, 1986. He received a J.D. degree in 1963 from Harvard Law School and a B.A. in 1957 from St. John’s University. He also earned the LL.M. (Judicial Process) degree at University of Virginia Law School in 1992. He was awarded the LL.D. (honoris causa) degree by the University of Notre Dame in 2002, the LL.D. (honoris causa) degree by Lewis & Clark College in 2003 and the LL.D. (honoris causa) degree by the University of Portland in 2011.
As a judge on the U.S. Court of Appeals for the Ninth Circuit, Judge O’Scannlain has participated in over 6,000 federal cases and has written hundreds of published opinions on a broad range of subjects including constitutional law, international law, securities law, administrative law, and criminal law. He hears appeals in San Francisco (court headquarters), as well as in Los Angeles (Pasadena), Portland, Seattle, Anchorage and Honolulu. The late Chief Justice Rehnquist appointed Judge O'Scannlain to the Federal Judicial Center's Advisory Committee on Appellate Judge Education. In 2009, Chief Justice Roberts appointed Judge O’Scannlain to the International Judicial Relations Committee of the U.S. Judicial Conference and subsequently appointed him Chairman in 2010.
President George W. Bush appointed Judge O’Scannlain to the Board of Trustees of the James Madison Memorial Fellowship Foundation in 2004. Pope Benedict XVI conferred the Order of Saint Gregory the Great on Judge and Mrs. O’Scannlain in 2007.
Judge O’Scannlain’s professional interests also include judicial administration and reform, and continuing legal education. Judge O’Scannlain is former Chair of the Judicial Division of the American Bar Association and has previously chaired the ABA’s Appellate Judges Conference, its Committee on Appellate Practice, and its 9th Appellate Practice Institute. He has testified before the Senate Judiciary Committee on several occasions, the House Judiciary Subcommittee on Courts and Intellectual Property, and the Commission on Structural Alternatives for the Federal Courts of Appeals on the subject of court reorganization. In addition to serving as a faculty member at numerous federal appellate practice seminars for judges and attorneys, including New York University Law School’s Institute for Judicial Administration, Judge O’Scannlain is an Adjunct Professor at Lewis & Clark Law School where he teaches a seminar on the Supreme Court. He has served as a Moot Court Judge at distinguished law schools across the United States including Harvard, Yale Stanford, Boalt Hall (Berkeley Law), Virginia, Cornell, Notre Dame, Fordham, Alabama, University of Southern California, King Hall (U.C. Davis) and Loyola Marymount University and in China at Xiamen and Renmin Universities.
Between graduation from Harvard and investiture as a federal judge, Judge O’Scannlain was primarily engaged in private law practice. Between 1969 and 1974, he was consecutively the Deputy Attorney General of Oregon, the Public Utility Commissioner of Oregon, and Director of the Oregon Department of Environmental Quality. He retired from the U.S. Army Reserve in 1978 as a Major after 23 years Reserve and National Guard service, including four years as an enlisted man.
A first generation Irish-American son of immigrant parents from Sligo and Derry, Judge O’Scannlain is married to the former Maura Nolan and has eight children: Sean, Jane, Brendan, Kevin, Megan, Christopher, Anne, and Kate, and nineteen grandchildren. His chambers are in the Pioneer Courthouse in Portland, Oregon.
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Free Speech: The Fairness Doctrine
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The Federal Communications Commission (FCC) adopted the Fairness Doctrine as a formal rule in 1949....
Free Speech: The Fairness Doctrine
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2009 National Lawyers Convention
The Federal Communications Commission (FCC) adopted the Fairness Doctrine as a formal rule in 1949....
Constitutional Interpretation & the Bill of Rights
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2009 National Lawyers Convention
Much has been written in the past 200 years on how to interpret the language...
Constitutional Interpretation & the Bill of Rights
Randy E. Barnett, Burt Neuborne, Diarmuid F. O'Scannlain
2009 National Lawyers Convention
Much has been written in the past 200 years on how to interpret the language...