Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Counsel, Wyoming Liberty Group
Benjamin Barr focuses his practice on the development of innovative strategies for the recovery of constitutional liberties. He is the lead attorney in the ongoing Free Speech v. FEC litigation and successfully litigated Carey v. FEC. The Texas Court of Appeals, Third District, recently relied on much of Barr's amicus brief in DeLay v. Texas to reverse earlier judgments and fully acquit DeLay.
In his past, Barr served as an associate with James Bopp, Jr. and litigated election law challenges across the United States. He also served as a Senior Fellow with the Goldwater Institute and as special counsel to two chairmen of the Federal Election Commission. The Supreme Court has cited his work in the area of First Amendment jurisprudence and he is the co-author of a forthcoming law review article on the import of anonymous political speech in the University of Wyoming Law Review.
Government Affairs Lobbyist, Public Citizen
Craig Holman, Ph.D. is currently Government Affairs Lobbyist for Public Citizen. As Legislative Representative, he serves as the organization’s Capitol Hill lobbyist on campaign finance and governmental ethics. Previously, Holman was Senior Policy Analyst at the Brennan Center for Justice, New York University School of Law. Dr. Holman worked closely with reform organizations and the Democratic congressional caucus of the 110th Congress in drafting and promoting the “Honest Leadership and Open Government Act,” the new federal lobbying and ethics reform legislation signed into law on September 14, 2007. As a consequence of this legislation, Holman is also working with European nongovernmental organizations and members of the European Commission and Parliament in developing a lobbyist registration system for the European Union.
Holman has assisted in drafting campaign finance reform legislation, including pay-to-play legislation, and has conducted numerous research projects on the initiative process and the impact of money in politics. He has been called upon to assist as a researcher and/or expert witness defending in court the Bipartisan Campaign Reform Act of 2002 (BCRA) as well as the campaign finance reform laws of Alaska, Arkansas, California and Colorado. He has authored and co-authored several studies on campaign finance and the initiative process, including four major works entitled BUYING TIME 2000: TELEVISION ADVERTISING IN THE 2000 FEDERAL ELECTIONS (2001); THE PRICE OF JUSTICE: A CASE STUDY IN JUDICIAL CAMPAIGN FINANCING (1995); TO GOVERN OURSELVES: BALLOT INITIATIVES IN THE LOS ANGELES AREA (1992), and DEMOCRACY BY INITIATIVE (1992). Some of his other publications include: “Lobbying Reform in the United States and the European Union: Progress on Two Continents,” in Conor McGrath, ed., INTEREST GROUPS AND LOBBYING (2009); “The Structure and Organization of Congress and the Practice of Lobbying,” in Thomas Susman and William Luneburg, eds., THE LOBBYING MANUAL: A COMPLETE GUIDE TO FEDERAL LAW GOVERNING LAWYERS AND LOBBYISTS, FOURTH EDITION (2008); “Close the 527 Loophole” in Matt Kerbel, ed., GET THIS PARTY STARTED: HOW PROGRESSIVES CAN FIGHT BACK AND WIN (2006); “The Bipartisan Campaign Reform Act: Limits and Opportunities for Non-Profit Groups in Federal Elections,” Northern Kentucky Law Review (2004); “The Nuts and Bolts of Public Financing of State Candidate Campaigns,” National Civic Review (2003); and THE NEW POLITICS OF JUDICIAL ELECTIONS (2002).
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Chief Legal Officer, Paradigm
Partner, Barr & Klein PLLC
Steve Klein, a partner at Barr & Klein PLLC, is an experienced free speech attorney who has successfully fought for the First Amendment rights of his clients against local, state and federal regulators. As a lobbyist, Steve’s advocacy has led to the successful amendment of state laws to respect political engagement and prevented the enactment of laws that burden it. Steve has published articles in several legal journals, and his commentary has appeared in The Wall Street Journal, The Washington Times, The Detroit News, and other outlets. Steve earned a bachelors degree in politics at Hillsdale College and a law degree from Ave Maria School of Law, where he served as Managing Editor of the Ave Maria Law Review. He is licensed to practice law in the District of Columbia, Illinois and Michigan.
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Erik S. Jaffe, Edward Whelan
On January 20, 2015, the Supreme Court heard oral argument in Williams-Yulee v. The Florida...
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Benjamin Barr, Craig Holman, Dean Reuter
Former House Majority Leader Tom DeLay has been involved in a lengthy legal battle over...
Recent Developments in Election Law
John Hilton, Katie Biber
It is difficult to overstate the extent to which political speech in America today is...
A Cold Breeze in California: ProtectMarriage Reveals the Chilling Effect of Campaign Finance Disclosure on Ballot Measure Issue Advocacy
Stephen R. Klein
On November 4, 2008, the election of President Obama coincided with the passage of Proposition...