Chair, Issues & Appeals, Hunton Andrews Kurth LLP
The former Solicitor General of West Virginia, Mr. Lin has been on the front lines of many precedent-setting cases in appellate courts across the country, including in a US Supreme Court victory that George Will called “the court’s most severe rebuke of a president” since the Truman administration. Having argued more than 60 appeals, he brings to clients a well-honed ability to identify the most persuasive issues for appeal and a practiced understanding of how best to frame complex legal questions in appellate courts.
With experience in the private sector and multiple branches of government, Mr. Lin’s practice has spanned a wide range of issues, including major questions of constitutional and administrative law at the federal and state levels. On behalf of more than two dozen states, he won a stay from the US Supreme Court of the EPA’s Clean Power Plan. Described by the New York Times as an “unprecedented” order, the stay was the first time the Supreme Court had ever put a regulation on hold before review by a federal appeals court. In that same case, Elbert argued before the en banc DC Circuit in an historic proceeding that one commenter quoted in E&E News compared to “the NBA All-Star Game.” At the state level, Elbert led the effort that persuaded the West Virginia Supreme Court of Appeals to overturn an injunction of the state’s right-to-work law.
In 2013, Mr. Lin was appointed the Solicitor General of West Virginia. During his four-and-a-half year tenure, he served as a member of the Attorney General’s senior management team, oversaw all civil and criminal appeals, and argued nearly two dozen cases in federal and state appellate courts. He authored more than twenty-five briefs in the US Supreme Court and more than forty-five formal Opinions of the Attorney General.
Earlier in his career, Mr. Lin served as a trial attorney in the Federal Programs Branch of the US Department of Justice’s Civil Division, where he received a Special Service Award. He has also been a law clerk at all three levels of the federal judiciary: for Justice Clarence Thomas on the US Supreme Court; for Judge William H. Pryor Jr. on the US Court of Appeals for the Eleventh Circuit; and for Senior Judge Robert E. Keeton on the US District Court for the District of Massachusetts.
Mr. Lin speaks regularly on a wide variety of topics, including constitutional law, administrative law, environmental law, state and federal relations, the US Supreme Court, and appellate practice. He has testified before Congress, and has spoken at the national conventions of the American Bar Association, the Association of Corporate Counsel, the National Asian Pacific American Bar Association, the Federalist Society, Americans for Prosperity, and the American Legislative Exchange Council. He is an elected member of the American Law Institute, a public member of the Administrative Conference of the United States, and a fellow of the American Academy of Appellate Lawyers.
Mr. Lin is admitted to practice in the following federal courts: the Supreme Court of the United States; the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Eleventh, D.C., and Federal Circuits; the District of Massachusetts; the Northern and Southern Districts of West Virginia; and the Eastern and Western Districts of Virginia.
United States Senator, Missouri
Senator Eric Schmitt represents Missouri in the United States Senate, where he serves as the Chairman of the Senate Judiciary Committee's Subcommittee on the Constitution. He also serves on the Senate Armed Services and Commerce Committees and is the Vice-Chair of the Joint Economic Committee.
Prior to his election to the Senate in 2022, he served as Missouri’s Attorney General, where he was a tireless advocate for the First Amendment and our Separation of Powers and against the Biden Administration's overreach and COVID craziness.
He details those accounts in his New York Times Bestselling book:The Last Line of Defense: How to Beat the Left in Court.
He is a graduate of Truman State University and Saint Louis University School of Law.
Clinical Instructional Fellow, Religious Freedom Clinic, Harvard Law School
Katie is a fellow for the Religious Freedom Clinic. Before joining the clinic, she clerked for the Honorable Amul R. Thapar on the United States Court of Appeals for the Sixth Circuit. She received her J.D. from Yale Law School, where she served as an Editor of the Yale Law Journal, Co-President of the Catholic Law Students Association, and Executive Vice President of the Yale Federalist Society. Before law school, Katie worked at the New Jersey Reentry Corporation, conducting research and developing programs to provide services to prisoners following their release. She received her B.A. in Philosophy from Cornell University.
Counsel, First Liberty Institute
Kayla Toney is Associate Counsel with First Liberty Institute, concentrating on religious liberty matters and First Amendment rights for clients of all faiths.
Prior to joining First Liberty, Kayla litigated religious freedom cases as a Constitutional Law Fellow at the Becket Fund for Religious Liberty. She clerked for Judge Gregory E. Maggs on the U.S. Court of Appeals for the Armed Forces, where she gained valuable experience in the military justice system. Kayla also worked as a litigation associate in the D.C. office of Winston & Strawn LLP, where she enjoyed working on pro bono religious liberty matters.
Kayla earned her law degree from George Washington University, where she served as president of the Federalist Society chapter, a member of the GW International Law Review, and a writing fellow. She graduated summa cum laude from Grove City College with a degree in history and economics.
A native of Michigan, Kayla is based in First Liberty’s Washington, D.C. office and is licensed to practice law in Virginia and D.C.
Clinical Instructional Fellow, Religious Freedom Clinic, Harvard Law School
Katie is a fellow for the Religious Freedom Clinic. Before joining the clinic, she clerked for the Honorable Amul R. Thapar on the United States Court of Appeals for the Sixth Circuit. She received her J.D. from Yale Law School, where she served as an Editor of the Yale Law Journal, Co-President of the Catholic Law Students Association, and Executive Vice President of the Yale Federalist Society. Before law school, Katie worked at the New Jersey Reentry Corporation, conducting research and developing programs to provide services to prisoners following their release. She received her B.A. in Philosophy from Cornell University.
Counsel, First Liberty Institute
Kayla Toney is Associate Counsel with First Liberty Institute, concentrating on religious liberty matters and First Amendment rights for clients of all faiths.
Prior to joining First Liberty, Kayla litigated religious freedom cases as a Constitutional Law Fellow at the Becket Fund for Religious Liberty. She clerked for Judge Gregory E. Maggs on the U.S. Court of Appeals for the Armed Forces, where she gained valuable experience in the military justice system. Kayla also worked as a litigation associate in the D.C. office of Winston & Strawn LLP, where she enjoyed working on pro bono religious liberty matters.
Kayla earned her law degree from George Washington University, where she served as president of the Federalist Society chapter, a member of the GW International Law Review, and a writing fellow. She graduated summa cum laude from Grove City College with a degree in history and economics.
A native of Michigan, Kayla is based in First Liberty’s Washington, D.C. office and is licensed to practice law in Virginia and D.C.
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.
Senior Counsel, U.S. House of Representatives Judiciary Committee
Tessa E. Shurr serves as Senior Counsel to the U.S. House of Representatives Judiciary Committee (Majority).
Prior to joining the Judiciary Committee staff, Tessa served as a Litigation Associate at the Fairness Center, a non-profit law firm, where she represented clients who had been harmed by their public-sector union. Before that, she counseled high-level leadership at the U.S. Department of Justice’s Office of Legal Policy on legislative and regulatory matters, assisted the U.S. Department of Defense with procurement of supplies and services, and worked on both civil and criminal cases at the U.S. Attorney’s Office for the Middle District of Pennsylvania.
Tessa graduated from Penn State Dickinson Law in Carlisle, Pennsylvania. There, she served as Managing Editor of the Dickinson Law Review, one of the oldest legal journals in the United States. During her time in law school, Tessa earned CALI Excellence for the Future Awards in Advanced Federal Income Tax; Congressional Investigations; and Blockchain, Cryptocurrency, & Law. She also published an academic comment proposing a new regulatory scheme for digital assets and cryptocurrency.
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.
Senior Counsel, U.S. House of Representatives Judiciary Committee
Tessa E. Shurr serves as Senior Counsel to the U.S. House of Representatives Judiciary Committee (Majority).
Prior to joining the Judiciary Committee staff, Tessa served as a Litigation Associate at the Fairness Center, a non-profit law firm, where she represented clients who had been harmed by their public-sector union. Before that, she counseled high-level leadership at the U.S. Department of Justice’s Office of Legal Policy on legislative and regulatory matters, assisted the U.S. Department of Defense with procurement of supplies and services, and worked on both civil and criminal cases at the U.S. Attorney’s Office for the Middle District of Pennsylvania.
Tessa graduated from Penn State Dickinson Law in Carlisle, Pennsylvania. There, she served as Managing Editor of the Dickinson Law Review, one of the oldest legal journals in the United States. During her time in law school, Tessa earned CALI Excellence for the Future Awards in Advanced Federal Income Tax; Congressional Investigations; and Blockchain, Cryptocurrency, & Law. She also published an academic comment proposing a new regulatory scheme for digital assets and cryptocurrency.
Fireside Chat with Senator Eric Schmitt
Elbert Lin, Eric Schmitt
2024 National Lawyers Convention
Featuring: Hon. Eric Schmitt, United States Senator, Missouri Moderator: Mr. Elbert Lin, Former Solicitor General,...
Topics
Chiles v. Salazar: Will the Supreme Court Finally Address Professional Speech?
A new certiorari petition in Chiles v. Salazar allows the Supreme Court to address an...
Litigation Update: Smith v. City of Atlantic City
Kathryn Mahoney, Kayla Ann Toney
The Atlantic City Fire Department requires all personnel who respond to fires or other emergencies...
Litigation Update: Smith v. City of Atlantic City
Kathryn Mahoney, Kayla Ann Toney
The Atlantic City Fire Department requires all personnel who respond to fires or other emergencies...
Topics
Free Speech Coalition v. Paxton: Age Verification for Porn Sites Is Commonsense Policy and Constitutionally Sound
Age verification mandates are among society’s most widespread and prosaic legal obligations. States require age...
Topics
Free Speech Coalition v. Paxton: Regulating Access to Adult Content Doesn’t Justify Flouting the First Amendment and Long-Established Precedent
This term, the Supreme Court will review the Fifth Circuit’s decision in Free Speech Coalition...
Litigation Update: Chiles v. Salazar
Cody Barnett, Tessa Shurr Levensohn
Chiles v. Salazar arises from a challenge to a Colorado law limiting therapists’ speech when...
Litigation Update: Chiles v. Salazar
Cody Barnett, Tessa Shurr Levensohn
Chiles v. Salazar arises from a challenge to a Colorado law limiting therapists’ speech when...
Topics
TikTok v. Garland Oral Argument: Did TikTok Admit It Doesn’t Have First Amendment Rights?
2024 has been a big year for social media litigation. Social media companies have successfully...
Topics
California's War on Satire and a Victory for the First Amendment
Information technology revolutions inevitably raise hard questions about the scope of the First Amendment’s free...