Judge, United States Court of Federal Claims
Judge Schwartz was nominated to the U.S. Court of Federal Claims on June 7, 2017, confirmed on December 8, 2020, and received his commission on December 22, 2020.
Judge Schwartz graduated from Yale College in 2005. He received his J.D. from the University of Chicago Law School, where he was Online Editor of the University of Chicago Law Review and a Hinton Moot Court finalist. He clerked for Judge Jerry E. Smith on the U.S. Court of Appeals for the Fifth Circuit.
Following his clerkship, Judge Schwartz was a litigation associate at D.C. law firm, focusing his practice on appellate and administrative law matters. He then joined a non-profit where he litigated cases related to federal government transparency and administrative agency discretion. In 2016 he joined a D.C. litigation boutique where he represented state and local governments in complex trial court and appellate proceedings, becoming a partner in 2017.
A native of Winona, Minnesota, he lives with his family in Arlington, Virginia.
Associate Professor of Law, Notre Dame Law School
Professor D.P. Waddilove is a legal historian of early-modern England with special interest in equity and the Court of Chancery. His research considers the development of the law of property and finance in relation to social and economic realities in history. Before joining the faculty of Notre Dame Law School in 2019, he was a fellow of St. Catharine’s College Cambridge, and a fellow in private law at Harvard Law School. He also clerked for the Hon. Morris S. Arnold of the United States Court of Appeals for the Eighth Circuit and practiced commercial litigation.
Waddilove earned his Ph.D. in English legal history from the University of Cambridge, a J.D. magna cum laude from the University of Michigan, an M.A.R. with concentration in Theology from Yale University, and B.A. and M.A. in Theology and Religious Studies from the University of Cambridge.
Vice President of Legal Affairs, Beacon Center of Tennessee
Wen Fa is the Vice President of Legal Affairs at the Beacon Center of Tennessee. He also serves on Beacon’s senior leadership team. Wen leads Beacon’s legal department in its efforts to protect the constitutional rights of property owners, entrepreneurs, and other Americans in courts across the United States. Having immigrated to America from Beijing, Wen believes that property rights, economic liberty, and equality under the law are essential to a free society and strives to advance those principles through his work.
Before joining Beacon, Wen was a senior attorney with Pacific Legal Foundation, where he litigated numerous cases involving equality under the law, free speech, economic liberty, and property rights. Wen litigated two Supreme Court cases: Minnesota Voters Alliance v. Mansky, which vindicated the free speech rights of voters, and Cedar Point Nursery v. Hassid, which secured the property rights of agricultural businesses. Wen has also secured important victories for farmers standing up against a racially discriminatory federal farm loan forgiveness program and small business owners who fought back against racial preferences in small business grants.
In addition to litigation, Wen promotes liberty through speeches, debates, and op-eds. Wen testified before Congress in 2021 and has published numerous op-eds in newspapers such as the Wall Street Journal, the Hill, and San Francisco Chronicle. He has spoken about his work in podcasts, on television, and in speeches to students at Georgetown, Duke, and law schools around the country.
Wen graduated with a bachelor’s degree in finance from the University of Texas-Dallas, a master’s degree in political theory from the London School of Economics, where he studied under libertarian scholar Chandran Kukathas, and a law degree from the University of Michigan. Wen is licensed to practice law in California, Texas, and several federal courts, including the Supreme Court of the United States.
Vice President of Legal Affairs, Beacon Center of Tennessee
Wen Fa is the Vice President of Legal Affairs at the Beacon Center of Tennessee. He also serves on Beacon’s senior leadership team. Wen leads Beacon’s legal department in its efforts to protect the constitutional rights of property owners, entrepreneurs, and other Americans in courts across the United States. Having immigrated to America from Beijing, Wen believes that property rights, economic liberty, and equality under the law are essential to a free society and strives to advance those principles through his work.
Before joining Beacon, Wen was a senior attorney with Pacific Legal Foundation, where he litigated numerous cases involving equality under the law, free speech, economic liberty, and property rights. Wen litigated two Supreme Court cases: Minnesota Voters Alliance v. Mansky, which vindicated the free speech rights of voters, and Cedar Point Nursery v. Hassid, which secured the property rights of agricultural businesses. Wen has also secured important victories for farmers standing up against a racially discriminatory federal farm loan forgiveness program and small business owners who fought back against racial preferences in small business grants.
In addition to litigation, Wen promotes liberty through speeches, debates, and op-eds. Wen testified before Congress in 2021 and has published numerous op-eds in newspapers such as the Wall Street Journal, the Hill, and San Francisco Chronicle. He has spoken about his work in podcasts, on television, and in speeches to students at Georgetown, Duke, and law schools around the country.
Wen graduated with a bachelor’s degree in finance from the University of Texas-Dallas, a master’s degree in political theory from the London School of Economics, where he studied under libertarian scholar Chandran Kukathas, and a law degree from the University of Michigan. Wen is licensed to practice law in California, Texas, and several federal courts, including the Supreme Court of the United States.
Senior Attorney, Institute for Justice
Paul Avelar is the Managing Attorney of the Institute for Justice Arizona Office. He joined the Institute in March 2010 and litigates free speech, property rights, economic liberty, school choice and other constitutional cases in federal and state courts.
As the head of IJ’s national Braiding Freedom Initiative, Paul represents natural hair braiders across the country to protect their right to earn an honest living. The Initiative uses lawsuits, activism and research to remove laws that require potential braiders to undergo hundreds of costly training hours just to braid hair. Since IJ launched the Braiding Freedom Initiative in 2014, 12 additional states have freed braiders from unnecessary licensing burdens. Paul drafted the model Natural Hair Braiding Protection Act, which has been adopted in Arkansas, Indiana, Iowa, Kentucky, Nebraska, New Hampshire, Texas and South Dakota. He is currently representing braiders in Missouri, where state laws infringe upon their right to earn an honest living.
In his free speech work, Paul has challenged numerous laws that trample First Amendment rights. In Arizona Freedom Club PAC v. Bennett, he represented candidates and independent groups in a successful U.S. Supreme Court challenge to the “matching funds” provision of Arizona’s publicly financed elections system. He represented grassroots groups and individuals in Arizona, Mississippi and Washington, where state laws burdened their political speech by requiring them to register with the government, to navigate complex regulations and to face fines and possible criminal penalties merely because they talked about political issues. In Washington, Paul protected a lawyer’s right to defend, pro-bono, the First Amendment rights of political speakers. Through litigation and legislation, Paul leads the fight against abusive civil forfeiture laws in Arizona and elsewhere.
Paul also co-authored the most comprehensive published study of economic liberty protections in the Arizona Constitution. The Chief Justice of the Arizona Supreme Court appointed Paul to the Task Force on the Review of the Role and Governance Structure of the State Bar of Arizona, where he dissented from the majority report and called on leaders to substantially reform the Bar and state regulation of the practice of law. He often speaks at law schools across the country about constitutional issues and his work at IJ.
Prior to joining IJ-AZ, Paul worked as an attorney in Philadelphia. He clerked for Judge Roger Miner on the 2nd U.S. Circuit Court of Appeals, Justice Andrew Hurwitz on the Arizona Supreme Court, and Judge Daniel Barker on the Arizona Court of Appeals.
Paul graduated manga cum laude from the Arizona State University College of Law in 2004 and was elected to the Order of the Coif. He received his undergraduate degree from Princeton University in 2000.
Vice President of Litigation, Southeastern Legal Foundation
Braden H. Boucek serves as Director of Litigation at the Southeastern Legal Foundation (SLF). His cases at SLF focus on restoring constitutional balance, equal protection, the First Amendment, and property rights. He is an avid defender of America's Founding and a constitutional law professor. He has also actively litigated school choice cases.
Prior to joining SLF, he served as Vice President of Legal Affairs at the Beacon Center of Tennessee, where he worked on economic liberty, dedicated himself to Tennessee's unique constitutional rights, and protecting the free speech rights of professionals.
Braden has been a litigator since 2001. Previously, Braden was an Assistant U.S. Attorney in both Nashville and Memphis for over nine years. During that time, he handled hundreds of cases ranging from Organized Crime, Drug Trafficking, Fraud, Counterfeiting, Terrorism and Immigration offenses. Braden has been recognized by his office for performance, winning both the Special Achievement award and Distinguished Service award. Two of his investigations were recognized as the district’s “Case of the Year” by the Department of Justice’s Organized Crime and Drug Enforcement Task Force. For nearly five years before joining the Department of Justice, Braden served as a prosecutor for the State of Tennessee, first as an Assistant Attorney General and later as an Assistant District Attorney. He has been lead counsel in many jury trials at both the state and federal level. He has also argued dozens of cases before state and federal appellate courts, including the Tennessee Supreme Court and Sixth Circuit Court of Appeals. Braden also served as an extern for the Florida Supreme Court. He obtained his J.D. at Florida State University College of Law, and his B.A. at the University of Richmond.
Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Partner, Covington & Burling LLP
Kevin Poloncarz co-chairs the Environmental and Energy Practice Group, Energy Industry Group and ESG Practice at Covington & Burling LLP.
Kevin is ranked by Chambers USA among the nation’s leading climate change attorneys and California’s leading environmental lawyers, with sources describing him as “a phenomenal” and “tremendous lawyer.”
He represents electric utilities, financial institutions, investors and companies in policy, litigation and transactional matters concerning power and carbon markets, carbon capture, utilization and storage (CCUS), sustainable aviation fuel, green and blue hydrogen and carbon offsets projects.
He also helps clients establish and communicate their ESG commitments and decarbonization objectives to investors, customers and other stakeholders.
Professor of Law, University of Minnesota Law School
Professor James W. Coleman is a scholar of energy law. He specializes in North American energy infrastructure, transport, and trade. He is also a nonresident senior fellow at the American Enterprise Institute focused on energy policy.
Professor Coleman has testified before Congress on steps to speed up energy infrastructure permits. He also worked with a team of experts as part of Alberta's Royalty Review to revise the Canadian province's management of its vast oil and gas resources.
Before joining Minnesota, Professor Coleman taught at Southern Methodist University's Dedman School of Law, the University of Calgary’s law and business schools, and Harvard Law School. Earlier, he practiced environmental and appellate law at Sidley Austin in Washington, D.C., and clerked for the Honorable Steven M. Colloton of the U.S. Court of Appeals for the Eighth Circuit.
Professor Coleman received two degrees from Harvard University—a J.D. (cum laude) and B.A. in biology (magna cum laude with highest honors in the field). As a result of his undergraduate thesis on butterfly genetics, which required fieldwork in Central Asia, a species of lycaenid butterfly was named after him—Agrodiaetus ripartii colemani.
Judge, United States Court of Appeals, Eleventh Circuit
On March 20, 2018, Judge Elizabeth L. Branch (Lisa) was sworn in as a United States Circuit Judge for the Eleventh Circuit.
Judge Branch attended and graduated from Davidson College in North Carolina (B.A., cum laude, 1990), and Emory University School of Law (J.D., with distinction, 1994).
After graduating from law school, Judge Branch served as a federal law clerk to The Honorable J. Owen Forrester of the U.S. District Court for the Northern District of Georgia from 1994 to 1996. Following her clerkship, Judge Branch joined the litigation department of Smith, Gambrell & Russell, LLP in Atlanta as an associate and then a partner.
From 2004 to 2008, Judge Branch was a senior official in the Administration of President George W. Bush in Washington, D.C. She served first as the Associate General Counsel for Rules and Legislation at the U.S. Department of Homeland Security and then as the Counselor to the Administrator of the Office of Information and Regulatory Affairs at the U. S. Office of Management and Budget.
She returned to Smith Gambrell in 2008 as a litigation partner. Judge Branch then was appointed to the Court of Appeals of Georgia by Governor Nathan Deal, taking office on September 4, 2012, where she served until March 19, 2018.
Judge Branch is a member of the Board of Advisors of the Atlanta Lawyers Chapter for the Federalist Society for Law and Public Policy Studies.
Senior Fellow, National Review
Bestselling author Andrew C. McCarthy is a contributing editor at National Review, a senior fellow at National Review Institute, and a Fox News contributor. He is a former Chief Assistant United States Attorney in the Southern District of New York and led the terrorism prosecution against the “Blind Sheikh” (Omar Abdel Rahman) and eleven other jihadists for conducting a war of urban terrorism against the United States that included the 1993 World Trade Center bombing and a plot to bomb New York City landmarks. During is 20-year career as a prosecutor, he received numerous honors, including the Justice Department’s highest awards. Andy speaks and writes widely on law and national security, radical Islam, politics, and culture. He has testified before Congress as an expert on issues of constitutional law, counterterrorism, and law-enforcement. He is a columnist for The Hill, and his essays and book reviews appear frequently at The New Criterion. His most recent New York Times bestselling book is Ball of Collusion (Encounter Books, 2019), about the Russiagate controversy (an updated version was published in 2020). His other books include Willful Blindness (2008), The Grand Jihad (2010), Spring Fever: The Illusion of Islamic Democracy (2012), and Faithless Execution (2014). He has also written several pamphlets in the Broadside series published by Encounter Books, most recently Islam and Free Speech (2015).
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
Robert F. Stanton Professor of Law, University of Maryland Carey School of Law
Robert V. Percival is the Robert F. Stanton Professor of Law and the Director of the Environmental Law Program at the University of Maryland School of Law. He received a B.A. summa cum laude from Macalester College, a J.D. from Stanford Law School and an M.A. in economics from Stanford University. At Stanford Percival was named the Nathan Abbott Scholar for graduating first in his law school class. Following graduation, he served as a law clerk for Judge Shirley M. Hufstedler of the U.S. Court of Appeals for the Ninth Circuit and for U.S. Supreme Court Justice Byron R. White. He joined the Maryland faculty in 1987 after serving as a senior attorney for the Environmental Defense Fund. Percival has served as a visiting professor of law at Harvard Law School, Georgetown University Law Center, the China University of Political Science and Law (Beijing), and Comenius University (Bratislava). He is the principal author of a leading environmental law casebook, now in its 9th edition, and the author of several articles about the Supreme Court and presidential authority over executive agencies. Percival wrote one of the first articles on the propriety of consent decrees to effectuate and enforce federal law “The Bounds of Consent: Consent Decrees, Settlements and Federal Environmental Policymaking,” 1987 Univ. Chic. Leg. F. 327 (1987). He also is the author of the first comprehensive analyses of what the papers of the late Justices Thurgood Marshall and Harry Blackmun reveal about the Supreme Court’s handling of environmental cases (“Environmental Law in the Supreme Court: Highlights from the Blackmun Papers,” 35 ELR 10637 (2005), and “Environmental Law in the Supreme Court: Highlights from the Marshall Papers,” 13 ELR 10606 (Oct. 1993)).
Former Legal Director and Institutional Reform Project Director, ACLU of Illinois
Benjamin S. Wolf was the Legal Director of the ACLU of Illinois from 2015 to April of 2020. In that capacity, he supervised a staff of approximately 20 lawyers and legal assistants working to protect women’s and reproductive rights, the rights of people in the LGBTQ community, freedom of speech and religion, victims of unlawful discrimination, victims of police mistreatment, and children and adults in government custody.
Before taking that position, Wolf was the Director of the ACLU of Illinois’ Institutional Reform Project since 1984. The Project provides legal representation to Illinois residents of prisons, jails, mental health centers, developmental centers, government-funded nursing homes and children who are wards of the state.
Under his direction, the Project has challenged the systemic abuse and neglect of the most helpless of our citizens in the courts—the only forum in which they could stand on equal footing with powerful officials and agencies that too frequently fail to provide safe and livable conditions.
For example, in R.J. v. Mueller, the Project represents hundreds of youth housed in Illinois Youth Centers operated by the Department of Juvenile Justice. In Jimmy Doe v. Cook County, the Project challenged the poor health and mental health care, pervasive violence and filthy conditions at the Cook County Juvenile Temporary Detention Center. After Cook County failed repeatedly to comply with the Court’s orders, the federal court appointed an Administrator to oversee management of the facility. The Administrator’s success engineering substantial improvements in services and conditions are the subject of a book by a leading expert, Recalibrating Juvenile Detention (Roush, 2019).
In Lippert v. Baldwin, the Project is monitoring a consent decree requiring reforms to the health care provided to tens of thousands of inmates in the custody of the Illinois Department of Corrections.
The increasing mistreatment of children who are dependent upon the state for their care and support led a 1988 lawsuit, B.H. v. McDonald, the first federal case to challenge the complete breakdown of the Illinois Department of Children and Family Services system. The project secured a consent decree in 1991 which triggered substantial reforms but still requires ongoing monitoring and enforcement.
The Project filed three cases on behalf of people with disabilities, Ligas v Maram, Williams v. Blagojevich, and Colbert v. Blagojevich, successfully challenging the state’s practice of unnecessarily warehousing people in nursing homes. Governor Quinn’s administration agreed to settlements of all three cases, and the Project is working with its co-counsel at local law firms and advocacy groups to make sure the state complies with its promises to permit everyone who wants to leave the institutions to receive the services they need in a safe, appropriate, community-based setting. Thousands of people now receive community-based services in their own homes as the result of these three cases.
Wolf received his undergraduate degree from Washington University in St. Louis. He graduated cum laude from Boston College Law School in 1979 and was an editor of the Boston College Law Review. Wolf served as a law clerk for U.S. District Judge James B. Moran in the Northern District of Illinois from 1979 through 1980. Prior to joining the ACLU legal staff, Wolf was an associate at Jenner & Block in Chicago from 1980 to 1984. Wolf lives in Evanston, Illinois with his wife Donna. Their daughters, Leah and Miriam, both are teachers.
Judge, United States Court of Appeals, Eleventh Circuit
On March 20, 2018, Judge Elizabeth L. Branch (Lisa) was sworn in as a United States Circuit Judge for the Eleventh Circuit.
Judge Branch attended and graduated from Davidson College in North Carolina (B.A., cum laude, 1990), and Emory University School of Law (J.D., with distinction, 1994).
After graduating from law school, Judge Branch served as a federal law clerk to The Honorable J. Owen Forrester of the U.S. District Court for the Northern District of Georgia from 1994 to 1996. Following her clerkship, Judge Branch joined the litigation department of Smith, Gambrell & Russell, LLP in Atlanta as an associate and then a partner.
From 2004 to 2008, Judge Branch was a senior official in the Administration of President George W. Bush in Washington, D.C. She served first as the Associate General Counsel for Rules and Legislation at the U.S. Department of Homeland Security and then as the Counselor to the Administrator of the Office of Information and Regulatory Affairs at the U. S. Office of Management and Budget.
She returned to Smith Gambrell in 2008 as a litigation partner. Judge Branch then was appointed to the Court of Appeals of Georgia by Governor Nathan Deal, taking office on September 4, 2012, where she served until March 19, 2018.
Judge Branch is a member of the Board of Advisors of the Atlanta Lawyers Chapter for the Federalist Society for Law and Public Policy Studies.
Senior Fellow, National Review
Bestselling author Andrew C. McCarthy is a contributing editor at National Review, a senior fellow at National Review Institute, and a Fox News contributor. He is a former Chief Assistant United States Attorney in the Southern District of New York and led the terrorism prosecution against the “Blind Sheikh” (Omar Abdel Rahman) and eleven other jihadists for conducting a war of urban terrorism against the United States that included the 1993 World Trade Center bombing and a plot to bomb New York City landmarks. During is 20-year career as a prosecutor, he received numerous honors, including the Justice Department’s highest awards. Andy speaks and writes widely on law and national security, radical Islam, politics, and culture. He has testified before Congress as an expert on issues of constitutional law, counterterrorism, and law-enforcement. He is a columnist for The Hill, and his essays and book reviews appear frequently at The New Criterion. His most recent New York Times bestselling book is Ball of Collusion (Encounter Books, 2019), about the Russiagate controversy (an updated version was published in 2020). His other books include Willful Blindness (2008), The Grand Jihad (2010), Spring Fever: The Illusion of Islamic Democracy (2012), and Faithless Execution (2014). He has also written several pamphlets in the Broadside series published by Encounter Books, most recently Islam and Free Speech (2015).
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
Robert F. Stanton Professor of Law, University of Maryland Carey School of Law
Robert V. Percival is the Robert F. Stanton Professor of Law and the Director of the Environmental Law Program at the University of Maryland School of Law. He received a B.A. summa cum laude from Macalester College, a J.D. from Stanford Law School and an M.A. in economics from Stanford University. At Stanford Percival was named the Nathan Abbott Scholar for graduating first in his law school class. Following graduation, he served as a law clerk for Judge Shirley M. Hufstedler of the U.S. Court of Appeals for the Ninth Circuit and for U.S. Supreme Court Justice Byron R. White. He joined the Maryland faculty in 1987 after serving as a senior attorney for the Environmental Defense Fund. Percival has served as a visiting professor of law at Harvard Law School, Georgetown University Law Center, the China University of Political Science and Law (Beijing), and Comenius University (Bratislava). He is the principal author of a leading environmental law casebook, now in its 9th edition, and the author of several articles about the Supreme Court and presidential authority over executive agencies. Percival wrote one of the first articles on the propriety of consent decrees to effectuate and enforce federal law “The Bounds of Consent: Consent Decrees, Settlements and Federal Environmental Policymaking,” 1987 Univ. Chic. Leg. F. 327 (1987). He also is the author of the first comprehensive analyses of what the papers of the late Justices Thurgood Marshall and Harry Blackmun reveal about the Supreme Court’s handling of environmental cases (“Environmental Law in the Supreme Court: Highlights from the Blackmun Papers,” 35 ELR 10637 (2005), and “Environmental Law in the Supreme Court: Highlights from the Marshall Papers,” 13 ELR 10606 (Oct. 1993)).
Former Legal Director and Institutional Reform Project Director, ACLU of Illinois
Benjamin S. Wolf was the Legal Director of the ACLU of Illinois from 2015 to April of 2020. In that capacity, he supervised a staff of approximately 20 lawyers and legal assistants working to protect women’s and reproductive rights, the rights of people in the LGBTQ community, freedom of speech and religion, victims of unlawful discrimination, victims of police mistreatment, and children and adults in government custody.
Before taking that position, Wolf was the Director of the ACLU of Illinois’ Institutional Reform Project since 1984. The Project provides legal representation to Illinois residents of prisons, jails, mental health centers, developmental centers, government-funded nursing homes and children who are wards of the state.
Under his direction, the Project has challenged the systemic abuse and neglect of the most helpless of our citizens in the courts—the only forum in which they could stand on equal footing with powerful officials and agencies that too frequently fail to provide safe and livable conditions.
For example, in R.J. v. Mueller, the Project represents hundreds of youth housed in Illinois Youth Centers operated by the Department of Juvenile Justice. In Jimmy Doe v. Cook County, the Project challenged the poor health and mental health care, pervasive violence and filthy conditions at the Cook County Juvenile Temporary Detention Center. After Cook County failed repeatedly to comply with the Court’s orders, the federal court appointed an Administrator to oversee management of the facility. The Administrator’s success engineering substantial improvements in services and conditions are the subject of a book by a leading expert, Recalibrating Juvenile Detention (Roush, 2019).
In Lippert v. Baldwin, the Project is monitoring a consent decree requiring reforms to the health care provided to tens of thousands of inmates in the custody of the Illinois Department of Corrections.
The increasing mistreatment of children who are dependent upon the state for their care and support led a 1988 lawsuit, B.H. v. McDonald, the first federal case to challenge the complete breakdown of the Illinois Department of Children and Family Services system. The project secured a consent decree in 1991 which triggered substantial reforms but still requires ongoing monitoring and enforcement.
The Project filed three cases on behalf of people with disabilities, Ligas v Maram, Williams v. Blagojevich, and Colbert v. Blagojevich, successfully challenging the state’s practice of unnecessarily warehousing people in nursing homes. Governor Quinn’s administration agreed to settlements of all three cases, and the Project is working with its co-counsel at local law firms and advocacy groups to make sure the state complies with its promises to permit everyone who wants to leave the institutions to receive the services they need in a safe, appropriate, community-based setting. Thousands of people now receive community-based services in their own homes as the result of these three cases.
Wolf received his undergraduate degree from Washington University in St. Louis. He graduated cum laude from Boston College Law School in 1979 and was an editor of the Boston College Law Review. Wolf served as a law clerk for U.S. District Judge James B. Moran in the Northern District of Illinois from 1979 through 1980. Prior to joining the ACLU legal staff, Wolf was an associate at Jenner & Block in Chicago from 1980 to 1984. Wolf lives in Evanston, Illinois with his wife Donna. Their daughters, Leah and Miriam, both are teachers.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Partner, Taft Stettinius & Hollister LLP
Philip litigates complex matters in state and federal courts. He has briefed appeals in multiple U.S. Courts of Appeals, including the Sixth, Seventh, and Ninth Circuits, as well as state appellate courts in Ohio, Kentucky, and Georgia. Philip has also represented amici at both the cert petition and merits stages in the U.S. Supreme Court.
Prior to joining Taft, Philip served as a law clerk for Judge Raymond M. Kethledge of the U.S. Court of Appeals for the Sixth Circuit, Judge Amul R. Thapar of the U.S. District Court for the Eastern District of Kentucky, and Judge Lavenski R. Smith of the U.S. Court of Appeals for the Eighth Circuit.
Philip serves on the board of directors for the Cincinnati and Northern Kentucky lawyers chapters of the Federalist Society. He was a 2018 James Wilson Fellow with the James Wilson Institute, a 2013 John Marshall Fellow with the Claremont Institute Center for Constitutional Jurisprudence, and a 2011 Blackstone Fellow with the Alliance Defending Freedom.
Philip received his undergraduate degree, with Highest Honors, from Ouachita Baptist University. He received his J.D. from the University of Virginia School of Law, where he served as the submissions review editor for the Journal of Law and Politics.
Topics
Vaello Madero, Fitisemanu, and the Future of Citizenship
Though United States v. Vaello Madero did not make waves for its 8-1 majority or...
Necessary & Proper Episode 75: An Introduction to the Court of Federal Claims
Stephen Sidney Schwartz, David P. Waddilove
On March 24, 2022, Judge Stephen Schwartz joined the Federalist Society's Notre Dame Student Chapter to discuss...
Deep Dive Episode 212 – Litigation Update: Roberts v. Bassett: NY Racial Preferences in Allocating COVID Treatments
Wencong Fa
Regulatory Transparency Project's Fourth Branch Podcast
Faced with a limited supply of recently-approved COVID-19 treatments, both the State and City of...
Litigation Update: Roberts v. Bassett: NY Racial Preferences in Allocating COVID Treatments
Wencong Fa
A Regulatory Transparency Project Webinar
Faced with a limited supply of recently approved COVID-19 treatments, both the State and City...
Explainer Episode 33 – Litigation Update: Shaw v. Metro. Gov't
Paul Avelar, Braden H. Boucek
Regulatory Transparency Project's Fourth Branch Podcast
On January 26, the Tennessee State Supreme Court heard oral arguments in Shaw et. al....
Deep Dive Episode 205 – An Update on the Clean Power Plan Litigation
Jonathan Brightbill, Kevin Poloncarz, James W. Coleman
Regulatory Transparency Project's Fourth Branch Podcast
The Supreme Court is now hearing the most closely watched environmental case in decades, which...
Federal Consent Decrees: Good Governance, an Expansion of Federal Power, or Both?
Lisa Branch, Andrew McCarthy, Jesse Panuccio, Robert V. Percival, Benjamin S. Wolf
2021 National Lawyers Convention
The 2021 National Lawyers Convention took place November 11-13, 2021 at the Mayflower Hotel in...
Federal Consent Decrees: Good Governance, an Expansion of Federal Power, or Both?
Lisa Branch, Andrew McCarthy, Jesse Panuccio, Robert V. Percival, Benjamin S. Wolf
2021 National Lawyers Convention
The 2021 National Lawyers Convention took place November 11-13, 2021 at the Mayflower Hotel in...
2021 Civil Justice Update
Mark A. Behrens
White Paper
This paper reviews key civil justice issues and changes in 2021. Part I focuses on broad...
The Gordian Knot of Abortion Jurisprudence
Philip D. Williamson
Federalist Society Review, Volume 22
On December 1, the Supreme Court will hear argument in Dobbs v. Jackson Women’s Health...