Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Judge, United States Court of Appeals, Fifth Circuit
James C. Ho is a Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit. Before taking the bench on January 4, 2018, he was a partner and co-chair of the national Appellate and Constitutional Law practice group of Gibson, Dunn & Crutcher LLP.
As an appellate litigator for over a decade, including three years as the Solicitor General of Texas, Judge Ho presented 50 oral arguments in federal and state courts nationwide. He won numerous appeals, including three merits cases at the U.S. Supreme Court. He was routinely ranked among the nation’s leading lawyers by Benchmark, Chambers, Law360, The Legal 500, and The National Law Journal, among other publications. His work has been cited favorably by courts at every level of both the federal and state judiciaries. He won a Best Brief Award from the National Association of Attorneys General for every year that he served as solicitor general, and he is the only state solicitor general in history to be invited by the U.S. Supreme Court to express the views of a state.
Judge Ho has served in all three branches of the federal government. On the Senate Judiciary Committee, he served as chief counsel of the Subcommittees on the Constitution and Immigration under Senator John Cornyn. At the Justice Department, he served as Special Assistant to the Assistant Attorney General for Civil Rights and an attorney-advisor at the Office of Legal Counsel. He clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and Justice Clarence Thomas of the U.S. Supreme Court.
His record of public service also includes appointments as vice chair of the Federal Judicial Evaluation Committee in Texas and co-chair of the National Asian Pacific American Bar Association Judiciary Committee, and as a member of the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas, the U.S. delegation to the United Nations Committee on the Elimination of Racial Discrimination, and the Continuity of Government Commission.
In addition, Judge Ho has served as an Adjunct Professor of Law at the University of Texas School of Law, where he taught seminars on U.S. Supreme Court Litigation and Religious Liberty. He has authored numerous articles in respected law reviews nationwide, including an annual feature on exemplary judicial writing for The Green Bag Almanac & Reader. He previously served as senior editor of The Green Bag and as co-editor of Pub. L. Misc.
Judge Ho graduated from Stanford University with honors and a B.A. in Public Policy in 1995, and the University of Chicago Law School with high honors in 1999. Before law school, he was a legislative aide to California State Senator Quentin Kopp. He and his wife Allyson live in Dallas, Texas, with their twin daughter and son.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
President, Constitutional Accountability Center
Elizabeth is Constitutional Accountability Center’s President. From 2008-2016, she served as CAC's Chief Counsel, representing the Center as well as clients including preeminent constitutional scholars and historians, state and local government organizations, and groups such as the League of Women Voters and the AARP. She frequently participates in Supreme Court litigation and her legal brief writing has been recognized as “exemplary” by the Green Bag Almanac & Reader. Elizabeth has also argued several important cases in the federal courts of appeals on a range of issues, including immigration law, habeas corpus, and sovereign immunity. She joined CAC from private practice at Quinn Emanuel Urquhart & Sullivan in San Francisco, where she was an attorney working with former Stanford Law School Dean Kathleen Sullivan in the firm’s Supreme Court/appellate practice. Previously, Elizabeth was a supervising attorney and teaching fellow at the Georgetown University Law Center appellate litigation clinic, a law clerk for Judge James R. Browning of the U.S. Court of Appeals for the Ninth Circuit, and a lawyer at Pillsbury Winthrop Shaw Pittman, a law firm in Washington. She has appeared as a legal expert for NBC, ABC, PBS, CNN, Fox News, the BBC, Current TV, and NPR, among other outlets. Elizabeth has been quoted extensively in the print media and is a regular contributor to the ABA’s Preview of United States Supreme Court Cases. Her writings have appeared in The New York Times, Reuters, USA Today, Politico, CNN.com, Slate, and on numerous political and legal blogs, such as Huffington Post, SCOTUSblog, and ACSblog. She has also published in the UCLA Journal of Environmental Law & Policy, Syracuse Law Review, The Cato Institute’s Supreme Court Review, and the Yale Journal of International Law. Elizabeth is a graduate of Yale Law School.
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.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Judge, United States Court of Appeals, Fifth Circuit
James C. Ho is a Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit. Before taking the bench on January 4, 2018, he was a partner and co-chair of the national Appellate and Constitutional Law practice group of Gibson, Dunn & Crutcher LLP.
As an appellate litigator for over a decade, including three years as the Solicitor General of Texas, Judge Ho presented 50 oral arguments in federal and state courts nationwide. He won numerous appeals, including three merits cases at the U.S. Supreme Court. He was routinely ranked among the nation’s leading lawyers by Benchmark, Chambers, Law360, The Legal 500, and The National Law Journal, among other publications. His work has been cited favorably by courts at every level of both the federal and state judiciaries. He won a Best Brief Award from the National Association of Attorneys General for every year that he served as solicitor general, and he is the only state solicitor general in history to be invited by the U.S. Supreme Court to express the views of a state.
Judge Ho has served in all three branches of the federal government. On the Senate Judiciary Committee, he served as chief counsel of the Subcommittees on the Constitution and Immigration under Senator John Cornyn. At the Justice Department, he served as Special Assistant to the Assistant Attorney General for Civil Rights and an attorney-advisor at the Office of Legal Counsel. He clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and Justice Clarence Thomas of the U.S. Supreme Court.
His record of public service also includes appointments as vice chair of the Federal Judicial Evaluation Committee in Texas and co-chair of the National Asian Pacific American Bar Association Judiciary Committee, and as a member of the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas, the U.S. delegation to the United Nations Committee on the Elimination of Racial Discrimination, and the Continuity of Government Commission.
In addition, Judge Ho has served as an Adjunct Professor of Law at the University of Texas School of Law, where he taught seminars on U.S. Supreme Court Litigation and Religious Liberty. He has authored numerous articles in respected law reviews nationwide, including an annual feature on exemplary judicial writing for The Green Bag Almanac & Reader. He previously served as senior editor of The Green Bag and as co-editor of Pub. L. Misc.
Judge Ho graduated from Stanford University with honors and a B.A. in Public Policy in 1995, and the University of Chicago Law School with high honors in 1999. Before law school, he was a legislative aide to California State Senator Quentin Kopp. He and his wife Allyson live in Dallas, Texas, with their twin daughter and son.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
President, Constitutional Accountability Center
Elizabeth is Constitutional Accountability Center’s President. From 2008-2016, she served as CAC's Chief Counsel, representing the Center as well as clients including preeminent constitutional scholars and historians, state and local government organizations, and groups such as the League of Women Voters and the AARP. She frequently participates in Supreme Court litigation and her legal brief writing has been recognized as “exemplary” by the Green Bag Almanac & Reader. Elizabeth has also argued several important cases in the federal courts of appeals on a range of issues, including immigration law, habeas corpus, and sovereign immunity. She joined CAC from private practice at Quinn Emanuel Urquhart & Sullivan in San Francisco, where she was an attorney working with former Stanford Law School Dean Kathleen Sullivan in the firm’s Supreme Court/appellate practice. Previously, Elizabeth was a supervising attorney and teaching fellow at the Georgetown University Law Center appellate litigation clinic, a law clerk for Judge James R. Browning of the U.S. Court of Appeals for the Ninth Circuit, and a lawyer at Pillsbury Winthrop Shaw Pittman, a law firm in Washington. She has appeared as a legal expert for NBC, ABC, PBS, CNN, Fox News, the BBC, Current TV, and NPR, among other outlets. Elizabeth has been quoted extensively in the print media and is a regular contributor to the ABA’s Preview of United States Supreme Court Cases. Her writings have appeared in The New York Times, Reuters, USA Today, Politico, CNN.com, Slate, and on numerous political and legal blogs, such as Huffington Post, SCOTUSblog, and ACSblog. She has also published in the UCLA Journal of Environmental Law & Policy, Syracuse Law Review, The Cato Institute’s Supreme Court Review, and the Yale Journal of International Law. Elizabeth is a graduate of Yale Law School.
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.
Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
Donald Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan is an elected member of the American Law Institute (ALI) and serves as an Adviser to ALI's Restatement of the Law Fourth, Property project. Professor Kochan is a Nonresident Scholar at the Center for the Constitution at Georgetown University Law Center, where he was a Visiting Scholar in residence during Fall 2018. Before joining the Antonin Scalia Law School faculty, he was the Parker S. Kennedy Professor in Law at Chapman University’s Dale E. Fowler School of Law from 2004 to 2020. From 2003 to 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason’s Scalia Law School.
Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, local government law, natural resources and environmental law, and law & economics. He has published several books and more than 50 scholarly articles and essays in well-regarded law journals. His work has been cited in more than a dozen state and federal court opinions, in more than 75 briefs filed in state and federal courts including more than 25 filed in the U.S. Supreme Court, in dozens of books and treatises, and in more than 800 scholarly articles.
Professor Kochan received his JD from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. During law school, he also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his BA from Western Michigan University, magna cum laude, with majors in both political science and philosophy, where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department).
After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law as well as tort, products, and consumer civil litigation & legislative affairs.
Chief Counsel, Constitutional Accountability Center
Brianne is Constitutional Accountability Center’s Chief Counsel. Brianne joined CAC from private practice at O'Melveny & Myers (OMM), where she was Counsel in the firm’s Supreme Court and appellate practice. From 2009-11, prior to joining OMM, Brianne was an Attorney-Adviser in the Office of Legal Counsel at the U.S. Department of Justice. She also served as a law clerk for Justice Stephen Breyer on the U.S. Supreme Court, a law clerk for Judge Robert A. Katzmann on the U.S. Court of Appeals for the Second Circuit, and a law clerk for Judge Jed S. Rakoff on the U.S. District Court for the Southern District of New York. Brianne’s academic writings have appeared in the Yale Law Journal, the Duke Law Journal, the Northwestern University Law Review, the Washington Law Review, the American University Law Review, and the Yale Law & Policy Review. Brianne received her J.D. from Yale Law School and her M.A./B.S. from Emory University. Her master's thesis in political science examined judicial behavior on the U.S. Supreme Court.
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)).
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
Partner, Bracewell LLP
Jeffrey Holmstead, former assistant administrator of the United States Environmental Protection Agency for Air and Radiation, is one of the nation’s leading climate change lawyers as recognized by Chambers USA (2008-2016) and heads the environmental strategies group (ESG) at Bracewell. The ESG is a multi-disciplinary group that includes environmental and energy attorneys, public policy advocates and strategic communications experts – most of whom have had high-level government experience. Under Jeffrey’s leadership, they work together on a daily basis to advise and defend companies and business groups confronting major environmental and energy-development challenges, both domestically and globally.
From his time in both the government and the private sector, Jeffrey is very familiar with the environmental and energy challenges facing the business community. He advises clients dealing with an increasingly complex regulatory, legal and public relations landscape, drawing on his experience in policy development, administrative and legislative advocacy, litigation and strategic communications. He has worked with clients in a number of industries on issues related to climate change, Clean Air Act policy and enforcement, and energy policy — including the development of new coal-fired power plants, refineries, renewable energy sources, and electric transmission infrastructure.
Jeffrey headed the EPA’s Office of Air and Radiation from 2001 to 2005, longer than anyone in EPA history. During his tenure, he was the architect of several of the agency’s most important initiatives, including the Clean Air Interstate Rule, the Clean Air Diesel Rule, the Mercury Rule for power plants and the reform of the New Source Review program. He also oversaw the development of the Bush Administration’s Clear Skies Legislation and key parts of its Global Climate Change Initiative. Between 1989 and 1993, Jeffrey served on the White House Staff as Associate Counsel to former President George H.W. Bush. In that capacity, he was involved in the passage of the Clean Air Act Amendments of 1990 and the key steps taken to implement those amendments. From 1987 to 1988, he served as a law clerk to Judge Douglas H. Ginsburg on the U.S. Court of Appeals for the District of Columbia.
He received his B.A. from Brigham Young University, summa cum laude, and his J.D. from Yale Law School.
Chief Counsel, Constitutional Accountability Center
Brianne is Constitutional Accountability Center’s Chief Counsel. Brianne joined CAC from private practice at O'Melveny & Myers (OMM), where she was Counsel in the firm’s Supreme Court and appellate practice. From 2009-11, prior to joining OMM, Brianne was an Attorney-Adviser in the Office of Legal Counsel at the U.S. Department of Justice. She also served as a law clerk for Justice Stephen Breyer on the U.S. Supreme Court, a law clerk for Judge Robert A. Katzmann on the U.S. Court of Appeals for the Second Circuit, and a law clerk for Judge Jed S. Rakoff on the U.S. District Court for the Southern District of New York. Brianne’s academic writings have appeared in the Yale Law Journal, the Duke Law Journal, the Northwestern University Law Review, the Washington Law Review, the American University Law Review, and the Yale Law & Policy Review. Brianne received her J.D. from Yale Law School and her M.A./B.S. from Emory University. Her master's thesis in political science examined judicial behavior on the U.S. Supreme Court.
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
Partner, Bracewell LLP
Jeffrey Holmstead, former assistant administrator of the United States Environmental Protection Agency for Air and Radiation, is one of the nation’s leading climate change lawyers as recognized by Chambers USA (2008-2016) and heads the environmental strategies group (ESG) at Bracewell. The ESG is a multi-disciplinary group that includes environmental and energy attorneys, public policy advocates and strategic communications experts – most of whom have had high-level government experience. Under Jeffrey’s leadership, they work together on a daily basis to advise and defend companies and business groups confronting major environmental and energy-development challenges, both domestically and globally.
From his time in both the government and the private sector, Jeffrey is very familiar with the environmental and energy challenges facing the business community. He advises clients dealing with an increasingly complex regulatory, legal and public relations landscape, drawing on his experience in policy development, administrative and legislative advocacy, litigation and strategic communications. He has worked with clients in a number of industries on issues related to climate change, Clean Air Act policy and enforcement, and energy policy — including the development of new coal-fired power plants, refineries, renewable energy sources, and electric transmission infrastructure.
Jeffrey headed the EPA’s Office of Air and Radiation from 2001 to 2005, longer than anyone in EPA history. During his tenure, he was the architect of several of the agency’s most important initiatives, including the Clean Air Interstate Rule, the Clean Air Diesel Rule, the Mercury Rule for power plants and the reform of the New Source Review program. He also oversaw the development of the Bush Administration’s Clear Skies Legislation and key parts of its Global Climate Change Initiative. Between 1989 and 1993, Jeffrey served on the White House Staff as Associate Counsel to former President George H.W. Bush. In that capacity, he was involved in the passage of the Clean Air Act Amendments of 1990 and the key steps taken to implement those amendments. From 1987 to 1988, he served as a law clerk to Judge Douglas H. Ginsburg on the U.S. Court of Appeals for the District of Columbia.
He received his B.A. from Brigham Young University, summa cum laude, and his J.D. from Yale Law School.
Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
Donald Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan is an elected member of the American Law Institute (ALI) and serves as an Adviser to ALI's Restatement of the Law Fourth, Property project. Professor Kochan is a Nonresident Scholar at the Center for the Constitution at Georgetown University Law Center, where he was a Visiting Scholar in residence during Fall 2018. Before joining the Antonin Scalia Law School faculty, he was the Parker S. Kennedy Professor in Law at Chapman University’s Dale E. Fowler School of Law from 2004 to 2020. From 2003 to 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason’s Scalia Law School.
Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, local government law, natural resources and environmental law, and law & economics. He has published several books and more than 50 scholarly articles and essays in well-regarded law journals. His work has been cited in more than a dozen state and federal court opinions, in more than 75 briefs filed in state and federal courts including more than 25 filed in the U.S. Supreme Court, in dozens of books and treatises, and in more than 800 scholarly articles.
Professor Kochan received his JD from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. During law school, he also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his BA from Western Michigan University, magna cum laude, with majors in both political science and philosophy, where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department).
After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law as well as tort, products, and consumer civil litigation & legislative affairs.
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)).
James Madison Distinguished Professor of Law and Class of 1941 Research Professor of Law, University of Virginia School of Law
Professor John C. Harrison is the James Madison Distinguished Professor of Law and Class of 1941 Research Professor of Law at the University of Virginia School of Law. He joined the faculty at University of Virginia in 1993 as an associate professor of law after a distinguished career with the U.S. Department of Justice. His teaching subjects include constitutional history, federal courts, remedies, corporations, civil procedure, legislation and property. In 2008 he was on leave from the Law School to serve as counselor on international law in the Office of the Legal Adviser at the U.S. Department of State.
A 1977 graduate of the University of Virginia, Harrison earned his law degree in 1980 at Yale, where he served as editor of the Yale Law Journal and editor and articles editor of the Yale Studies in World Public Order. He was an associate at Patton Boggs & Blow in Washington, D.C., and clerked for Judge Robert Bork on the U.S. Court of Appeals for the District of Columbia Circuit. He worked with the Department of Justice from 1983-93, serving in numerous capacities, including deputy assistant attorney general in the Office of Legal Counsel (1990-93).
E. Claiborne Robins Distinguished Chair in Law, University of Richmond School of Law
Professor Kurt Lash teaches and writes about constitutional law. Founder and director of the Richmond Program on the American Constitution, Professor Lash has published widely on the subjects of constitutional law and constitutional history, including The Fourteenth Amendment and the Privileges or Immunities of American Citizenship (Cambridge University Press, 2014), The Lost History of the Ninth Amendment (Oxford University Press, 2009), and The American First Amendment in the Twenty-first Century: Cases and Materials(with William W. Van Alstyne) (5th ed., Foundation Press, 2014). An elected member of the American Law Institute, Professor Lash’s work has appeared in numerous legal journals including the Stanford Law Journal, Georgetown Law Journal, Virginia Law Review, andNotre Dame Law Review. He has been a visiting professor at Northwestern University School of Law and is the former director of the University of Illinois College of Law Program in Constitutional Theory, History, and Law.
Professor of Law, Georgetown University Law Center
Nicholas Quinn Rosenkranz teaches constitutional law and federal jurisdiction, and he writes articles for the Harvard Law Review and the Stanford Law Review.
He is currently developing a new theory of constitutional interpretation and judicial review. The first installment, entitledThe Subjects of the Constitution, was published in the Stanford Law Review in May of 2010, and it is among the most downloaded articles about constitutional interpretation, judicial review, and/or federal courts in the history of SSRN. The second installment, The Objects of the Constitution, was published in May of 2011, also in the Stanford Law Review. And the comprehensive version is forthcoming as a book by Oxford University Press.
Rosenkranz has served and advised the federal government in a variety of capacities. He clerked for Judge Frank H. Easterbrook on the U.S. Court of Appeals for the Seventh Circuit (1999-2000) and for Justice Anthony M. Kennedy at the U.S. Supreme Court (October Term 2001). He served as an Attorney-Advisor at the Office of Legal Counsel in the U.S. Department of Justice (November 2002 - July 2004). He often testifies before Congress as a constitutional expert—most recently before the House Financial Services Oversight Subcommittee, regarding the Obama Administration's use of bank settlement agreements to circumvent the Appropriations Clause. He has also filed briefs and presented oral argument before the U.S. Supreme Court. His most recent Supreme Court brief, in Los Angeles v. Patel, was cited by Justice Alito in dissent.
Rosenkranz is a member of the New York Bar and the U.S. Supreme Court Bar. He is a Senior Fellow at the Cato Institute. He serves on the Board of Directors of the Foundation for Individual Rights in Education (FIRE). He is a founding member of Heterodox Academy and a member of its Executive Committee. He also serves on the Board of Directors of the Federalist Society and as the faculty advisor to the Georgetown chapter.
Judge, United States Court of Appeals, Seventh Circuit
Judge Sykes was nominated to the Seventh Circuit by President George W. Bush and confirmed by the Senate in 2004. Prior to her appointment to the federal bench, Judge Sykes served as a justice on the Wisconsin Supreme Court. Governor Tommy G. Thompson appointed her in September 1999 to fill a mid-term vacancy on the state supreme court, and she was elected to a full ten-year term in April 2000. From 1992-1999, Judge Sykes served on the state trial bench in Milwaukee County (elected in 1992 and re-elected in 1998). From 1985-1992, Judge Sykes practiced law with the Milwaukee firm of Whyte & Hirschboeck, S.C., and from 1984-1985, was a law clerk to Federal Judge Terence T. Evans.
Born and raised in the Milwaukee area, Judge Sykes earned a bachelor’s degree in journalism from Northwestern University in 1980 and a law degree from Marquette University Law School in 1984. Between college and law school, Judge Sykes worked as a reporter for The Milwaukee Journal.
Judge Sykes has two sons.
President, Constitutional Accountability Center
Elizabeth is Constitutional Accountability Center’s President. From 2008-2016, she served as CAC's Chief Counsel, representing the Center as well as clients including preeminent constitutional scholars and historians, state and local government organizations, and groups such as the League of Women Voters and the AARP. She frequently participates in Supreme Court litigation and her legal brief writing has been recognized as “exemplary” by the Green Bag Almanac & Reader. Elizabeth has also argued several important cases in the federal courts of appeals on a range of issues, including immigration law, habeas corpus, and sovereign immunity. She joined CAC from private practice at Quinn Emanuel Urquhart & Sullivan in San Francisco, where she was an attorney working with former Stanford Law School Dean Kathleen Sullivan in the firm’s Supreme Court/appellate practice. Previously, Elizabeth was a supervising attorney and teaching fellow at the Georgetown University Law Center appellate litigation clinic, a law clerk for Judge James R. Browning of the U.S. Court of Appeals for the Ninth Circuit, and a lawyer at Pillsbury Winthrop Shaw Pittman, a law firm in Washington. She has appeared as a legal expert for NBC, ABC, PBS, CNN, Fox News, the BBC, Current TV, and NPR, among other outlets. Elizabeth has been quoted extensively in the print media and is a regular contributor to the ABA’s Preview of United States Supreme Court Cases. Her writings have appeared in The New York Times, Reuters, USA Today, Politico, CNN.com, Slate, and on numerous political and legal blogs, such as Huffington Post, SCOTUSblog, and ACSblog. She has also published in the UCLA Journal of Environmental Law & Policy, Syracuse Law Review, The Cato Institute’s Supreme Court Review, and the Yale Journal of International Law. Elizabeth is a graduate of Yale Law School.
James Madison Distinguished Professor of Law and Class of 1941 Research Professor of Law, University of Virginia School of Law
Professor John C. Harrison is the James Madison Distinguished Professor of Law and Class of 1941 Research Professor of Law at the University of Virginia School of Law. He joined the faculty at University of Virginia in 1993 as an associate professor of law after a distinguished career with the U.S. Department of Justice. His teaching subjects include constitutional history, federal courts, remedies, corporations, civil procedure, legislation and property. In 2008 he was on leave from the Law School to serve as counselor on international law in the Office of the Legal Adviser at the U.S. Department of State.
A 1977 graduate of the University of Virginia, Harrison earned his law degree in 1980 at Yale, where he served as editor of the Yale Law Journal and editor and articles editor of the Yale Studies in World Public Order. He was an associate at Patton Boggs & Blow in Washington, D.C., and clerked for Judge Robert Bork on the U.S. Court of Appeals for the District of Columbia Circuit. He worked with the Department of Justice from 1983-93, serving in numerous capacities, including deputy assistant attorney general in the Office of Legal Counsel (1990-93).
E. Claiborne Robins Distinguished Chair in Law, University of Richmond School of Law
Professor Kurt Lash teaches and writes about constitutional law. Founder and director of the Richmond Program on the American Constitution, Professor Lash has published widely on the subjects of constitutional law and constitutional history, including The Fourteenth Amendment and the Privileges or Immunities of American Citizenship (Cambridge University Press, 2014), The Lost History of the Ninth Amendment (Oxford University Press, 2009), and The American First Amendment in the Twenty-first Century: Cases and Materials(with William W. Van Alstyne) (5th ed., Foundation Press, 2014). An elected member of the American Law Institute, Professor Lash’s work has appeared in numerous legal journals including the Stanford Law Journal, Georgetown Law Journal, Virginia Law Review, andNotre Dame Law Review. He has been a visiting professor at Northwestern University School of Law and is the former director of the University of Illinois College of Law Program in Constitutional Theory, History, and Law.
Professor of Law, Georgetown University Law Center
Nicholas Quinn Rosenkranz teaches constitutional law and federal jurisdiction, and he writes articles for the Harvard Law Review and the Stanford Law Review.
He is currently developing a new theory of constitutional interpretation and judicial review. The first installment, entitledThe Subjects of the Constitution, was published in the Stanford Law Review in May of 2010, and it is among the most downloaded articles about constitutional interpretation, judicial review, and/or federal courts in the history of SSRN. The second installment, The Objects of the Constitution, was published in May of 2011, also in the Stanford Law Review. And the comprehensive version is forthcoming as a book by Oxford University Press.
Rosenkranz has served and advised the federal government in a variety of capacities. He clerked for Judge Frank H. Easterbrook on the U.S. Court of Appeals for the Seventh Circuit (1999-2000) and for Justice Anthony M. Kennedy at the U.S. Supreme Court (October Term 2001). He served as an Attorney-Advisor at the Office of Legal Counsel in the U.S. Department of Justice (November 2002 - July 2004). He often testifies before Congress as a constitutional expert—most recently before the House Financial Services Oversight Subcommittee, regarding the Obama Administration's use of bank settlement agreements to circumvent the Appropriations Clause. He has also filed briefs and presented oral argument before the U.S. Supreme Court. His most recent Supreme Court brief, in Los Angeles v. Patel, was cited by Justice Alito in dissent.
Rosenkranz is a member of the New York Bar and the U.S. Supreme Court Bar. He is a Senior Fellow at the Cato Institute. He serves on the Board of Directors of the Foundation for Individual Rights in Education (FIRE). He is a founding member of Heterodox Academy and a member of its Executive Committee. He also serves on the Board of Directors of the Federalist Society and as the faculty advisor to the Georgetown chapter.
Judge, United States Court of Appeals, Seventh Circuit
Judge Sykes was nominated to the Seventh Circuit by President George W. Bush and confirmed by the Senate in 2004. Prior to her appointment to the federal bench, Judge Sykes served as a justice on the Wisconsin Supreme Court. Governor Tommy G. Thompson appointed her in September 1999 to fill a mid-term vacancy on the state supreme court, and she was elected to a full ten-year term in April 2000. From 1992-1999, Judge Sykes served on the state trial bench in Milwaukee County (elected in 1992 and re-elected in 1998). From 1985-1992, Judge Sykes practiced law with the Milwaukee firm of Whyte & Hirschboeck, S.C., and from 1984-1985, was a law clerk to Federal Judge Terence T. Evans.
Born and raised in the Milwaukee area, Judge Sykes earned a bachelor’s degree in journalism from Northwestern University in 1980 and a law degree from Marquette University Law School in 1984. Between college and law school, Judge Sykes worked as a reporter for The Milwaukee Journal.
Judge Sykes has two sons.
President, Constitutional Accountability Center
Elizabeth is Constitutional Accountability Center’s President. From 2008-2016, she served as CAC's Chief Counsel, representing the Center as well as clients including preeminent constitutional scholars and historians, state and local government organizations, and groups such as the League of Women Voters and the AARP. She frequently participates in Supreme Court litigation and her legal brief writing has been recognized as “exemplary” by the Green Bag Almanac & Reader. Elizabeth has also argued several important cases in the federal courts of appeals on a range of issues, including immigration law, habeas corpus, and sovereign immunity. She joined CAC from private practice at Quinn Emanuel Urquhart & Sullivan in San Francisco, where she was an attorney working with former Stanford Law School Dean Kathleen Sullivan in the firm’s Supreme Court/appellate practice. Previously, Elizabeth was a supervising attorney and teaching fellow at the Georgetown University Law Center appellate litigation clinic, a law clerk for Judge James R. Browning of the U.S. Court of Appeals for the Ninth Circuit, and a lawyer at Pillsbury Winthrop Shaw Pittman, a law firm in Washington. She has appeared as a legal expert for NBC, ABC, PBS, CNN, Fox News, the BBC, Current TV, and NPR, among other outlets. Elizabeth has been quoted extensively in the print media and is a regular contributor to the ABA’s Preview of United States Supreme Court Cases. Her writings have appeared in The New York Times, Reuters, USA Today, Politico, CNN.com, Slate, and on numerous political and legal blogs, such as Huffington Post, SCOTUSblog, and ACSblog. She has also published in the UCLA Journal of Environmental Law & Policy, Syracuse Law Review, The Cato Institute’s Supreme Court Review, and the Yale Journal of International Law. Elizabeth is a graduate of Yale Law School.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Judge, United States Court of Appeals, Fifth Circuit
James C. Ho is a Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit. Before taking the bench on January 4, 2018, he was a partner and co-chair of the national Appellate and Constitutional Law practice group of Gibson, Dunn & Crutcher LLP.
As an appellate litigator for over a decade, including three years as the Solicitor General of Texas, Judge Ho presented 50 oral arguments in federal and state courts nationwide. He won numerous appeals, including three merits cases at the U.S. Supreme Court. He was routinely ranked among the nation’s leading lawyers by Benchmark, Chambers, Law360, The Legal 500, and The National Law Journal, among other publications. His work has been cited favorably by courts at every level of both the federal and state judiciaries. He won a Best Brief Award from the National Association of Attorneys General for every year that he served as solicitor general, and he is the only state solicitor general in history to be invited by the U.S. Supreme Court to express the views of a state.
Judge Ho has served in all three branches of the federal government. On the Senate Judiciary Committee, he served as chief counsel of the Subcommittees on the Constitution and Immigration under Senator John Cornyn. At the Justice Department, he served as Special Assistant to the Assistant Attorney General for Civil Rights and an attorney-advisor at the Office of Legal Counsel. He clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and Justice Clarence Thomas of the U.S. Supreme Court.
His record of public service also includes appointments as vice chair of the Federal Judicial Evaluation Committee in Texas and co-chair of the National Asian Pacific American Bar Association Judiciary Committee, and as a member of the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas, the U.S. delegation to the United Nations Committee on the Elimination of Racial Discrimination, and the Continuity of Government Commission.
In addition, Judge Ho has served as an Adjunct Professor of Law at the University of Texas School of Law, where he taught seminars on U.S. Supreme Court Litigation and Religious Liberty. He has authored numerous articles in respected law reviews nationwide, including an annual feature on exemplary judicial writing for The Green Bag Almanac & Reader. He previously served as senior editor of The Green Bag and as co-editor of Pub. L. Misc.
Judge Ho graduated from Stanford University with honors and a B.A. in Public Policy in 1995, and the University of Chicago Law School with high honors in 1999. Before law school, he was a legislative aide to California State Senator Quentin Kopp. He and his wife Allyson live in Dallas, Texas, with their twin daughter and son.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
President, Constitutional Accountability Center
Elizabeth is Constitutional Accountability Center’s President. From 2008-2016, she served as CAC's Chief Counsel, representing the Center as well as clients including preeminent constitutional scholars and historians, state and local government organizations, and groups such as the League of Women Voters and the AARP. She frequently participates in Supreme Court litigation and her legal brief writing has been recognized as “exemplary” by the Green Bag Almanac & Reader. Elizabeth has also argued several important cases in the federal courts of appeals on a range of issues, including immigration law, habeas corpus, and sovereign immunity. She joined CAC from private practice at Quinn Emanuel Urquhart & Sullivan in San Francisco, where she was an attorney working with former Stanford Law School Dean Kathleen Sullivan in the firm’s Supreme Court/appellate practice. Previously, Elizabeth was a supervising attorney and teaching fellow at the Georgetown University Law Center appellate litigation clinic, a law clerk for Judge James R. Browning of the U.S. Court of Appeals for the Ninth Circuit, and a lawyer at Pillsbury Winthrop Shaw Pittman, a law firm in Washington. She has appeared as a legal expert for NBC, ABC, PBS, CNN, Fox News, the BBC, Current TV, and NPR, among other outlets. Elizabeth has been quoted extensively in the print media and is a regular contributor to the ABA’s Preview of United States Supreme Court Cases. Her writings have appeared in The New York Times, Reuters, USA Today, Politico, CNN.com, Slate, and on numerous political and legal blogs, such as Huffington Post, SCOTUSblog, and ACSblog. She has also published in the UCLA Journal of Environmental Law & Policy, Syracuse Law Review, The Cato Institute’s Supreme Court Review, and the Yale Journal of International Law. Elizabeth is a graduate of Yale Law School.
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.
Originalism Carries On
Donald A. Daugherty
A review of Erwin Chemerinsky, A Momentous Year in the Supreme Court: October Term 2021...
Topics
Lange v. California: Restoring the Fourth Amendment’s Forgotten Right to Be Secure
The question of when and how police may enter our homes strikes at the core...
Federalism & Separation of Powers: Emergency Powers and the Rule of Law
John C. Eastman, James C. Ho, Ilya Shapiro, Elizabeth B. Wydra, John C. Yoo
On November 13, 2020, The Federalist Society's Federalism & Separation of Powers Practice Group hosted...
Federalism & Separation of Powers: Emergency Powers and the Rule of Law
John C. Eastman, James C. Ho, Ilya Shapiro, Elizabeth B. Wydra, John C. Yoo
On November 13, 2020, The Federalist Society's Federalism & Separation of Powers Practice Group hosted...
Federalism & Separation of Powers: Emergency Powers and the Rule of Law
2020 National Lawyers Convention
2020 National Lawyers Convention
The Rule of Law and the Current Crisis
Deep Dive Episode 63 – Agency Rulemaking: Unnecessary Delegation or Indispensable Assistance?
Donald J. Kochan, Brianne Gorod, Robert V. Percival, Andrew Grossman, Jeffrey Holmstead
On June 18, 2019, the Federalist Society's Article I Initiative and Regulatory Transparency Project hosted...
Agency Rulemaking: Unnecessary Delegation or Indispensable Assistance?
Brianne Gorod, Andrew Grossman, Jeffrey Holmstead, Donald J. Kochan, Robert V. Percival
On June 18, 2019, the Federalist Society's Article I Initiative and Regulatory Transparency Project hosted...
Reconstructing First Principles: The Fourteenth Amendment and the Constitution
John C. Harrison, Kurt T. Lash, Nicholas Quinn Rosenkranz, Diane S. Sykes, Elizabeth B. Wydra
The Fourteenth Amendment dramatically changed constitutional law. How are we to understand these changes? Did...
Reconstructing First Principles: The Fourteenth Amendment and the Constitution
John C. Harrison, Kurt T. Lash, Nicholas Quinn Rosenkranz, Diane S. Sykes, Elizabeth B. Wydra
The Fourteenth Amendment dramatically changed constitutional law. How are we to understand these changes? Did...