Judge, United States Court of Appeals, Seventh Circuit
Michael B. Brennan was confirmed and sworn in as a Circuit Judge for the U.S. Court of Appeals for the Seventh Circuit in May 2018.
He previously worked as a partner in the Milwaukee law firm of Gass Weber Mullins LLC, where he tried cases and handled appeals in federal and state courts, as a judge on the Milwaukee County Circuit, where he presided over a variety of criminal and civil calendars, and as an assistant district attorney in the Milwaukee County District Attorney’s office.
Brennan’s undergraduate degree is from the University of Notre Dame, and his law degree from Northwestern University School of Law, where he was an editor on the law review and the moot court champion. He served as a law clerk on the U.S. District Court for the Eastern District of Wisconsin and the U.S. Court of Appeals for the Seventh Circuit.
Partner, Torridon Law PLLC
Mike Fragoso is an experienced legal and policy strategist who represents clients before all three branches of the federal government. Most recently he served as chief counsel to the Senate Republican Leader, Mitch McConnell (R-KY). He has negotiated consequential legislation, managed successful congressional oversight, and prepared individuals for the most contentious Senate hearings.
As chief counsel to Leader McConnell, Mike was the Leader’s primary legal advisor and managed the “last mile” of any legislation touching on the Senate Judiciary Committee. He ran the 2024 reauthorization of FISA Section 702 and was involved at the highest levels of the appropriations and budget-reconciliation processes. Mike also repeatedly represented Leader McConnell as counsel of record at the Supreme Court. Leader McConnell said of Mike that he’s “equally at home in the high-minded philosophical discourse of the legal community and the urgent pragmatism of congressional dealmaking,” and that he “maintains a firm grasp on the realm of the possible” but “knows which screws to twist.” He observed that Mike “is so exceptionally competent that he often produces from his desk the work that would normally require, literally, teams of outside counsel.”
Founder, Original Jurisdiction
David Lat is a lawyer turned writer. He publishes Original Jurisdiction, a newsletter on Substack about law and legal affairs, and he writes for newspapers and magazines, including the New York Times, Washington Post, and Wall Street Journal. Prior to launching Original Jurisdiction, David founded Above the Law, one of the nation's most widely read legal news websites, and Underneath Their Robes, a popular blog about federal judges that he wrote under a pseudonym. He is also the author of a novel set in the world of the federal courts, Supreme Ambitions. Before entering the media world, David worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz, in New York; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. David graduated from Harvard College and Yale Law School, where he served as an editor of the Yale Law Journal.
Associate Professor of Law, Antonin Scalia Law School at George Mason University
Robert Luther III was appointed Associate Professor of Law in 2025 after serving as Distinguished Professor of Law from 2024-2025 and Adjunct Professor of Law from 2019-2024. He teaches and writes on the federal courts, legal and judicial ethics, political law, Congress, and professional sports. He has served at high levels in all three branches of the federal government and recently founded Constitutional Solutions PLLC—a law firm that navigates judicial candidates, judges, elected officials, professional athletes, and executives through high-stakes hearings, investigations, and reputational attacks.
Immediately before joining the Scalia Law faculty, Professor Luther spent over five years in the Washington, D.C. office of Jones Day, where his practice focused on strategic counseling, crisis management, and litigation. Prior to joining Jones Day, he served as Associate Counsel to the President of the United States in the White House Counsel’s Office. In the White House, he co-managed the judicial selection process and supervised the preparation of over 150 federal judicial nominees for their successful U.S. Senate confirmation hearings. The New York Times Magazine referred to his work on judicial selection during this period as “unique in White House history.” Before joining the White House, Professor Luther served as Counsel to then–U.S. Senator Jeff Sessions (R-Ala.) on the U.S. Senate Judiciary Committee, where he served as a core member of the team that prepared the Senator for confirmation as United States Attorney General. Professor Luther was also a law clerk to Judge Daniel A. Manion of the U.S. Court of Appeals for the Seventh Circuit. Earlier in his career, Professor Luther practiced civil and appellate litigation at a boutique firm in Williamsburg, Va. and taught at William & Mary Law School.
Professor Luther frequently speaks on the legal profession, political law, and federal judicial selection. His public work has been covered by or appeared in The New York Times, The Washington Post, The Wall Street Journal, Bloomberg, Fox News, The Hill, Politico, the Washington Examiner, National Law Journal, Law360, The Washington Reporter, and elsewhere, while his scholarship is published in the law journals of nearly twenty universities including three journals of Harvard University. He holds active law licenses in Virginia, the District of Columbia, the U.S. Supreme Court, and half of the U.S. Courts of Appeals.
In 2025, Virginia Governor Glenn Youngkin appointed Professor Luther to the Board of Visitors to Mount Vernon. He is an elected member of the American Law Institute (ALI) and serves on the Advisory Board of the Wilson Center for Leadership at Hampden-Sydney College. Since 2019, he has helped over 200 of his students secure clerkships with federal judges.
Williams Chair in Law, University of Richmond School of Law
Professor Carl Tobias holds the Law School’s prestigious Williams Chair and writes in a number of areas, with a particular emphasis on federal judicial selection. A prolific scholar, Professor Tobias is the author of over 120 law review articles and the author or co-author of more than 80 essays, commentaries, and other shorter works in law reviews. He has published in the country’s top law journals, including the Stanford, Columbia, California, and Cornell Law Reviews, among others. Professor Tobias is also a frequent commentator in the media and has written several hundred opinion pieces published in the Washington Post, Los Angeles Times, Christian Science Monitor, Slate and Politico, among other high-profile media outlets. He has served as a Legal Consultant to the Food and Drug Administration and the American Bar Association’s Commission on the Twenty-First Century Judiciary as well as a member of the District Court Local Rules Review Committee of the Ninth Circuit Chief District Judges Conference, the Civil Justice Reform Act Advisory Group for the U.S. District Court for the District of Montana, and the Study Committee to Review the Nevada Rules of Civil Procedure. Professor Tobias has been a member of the prestigious American Law Institute since 1994.
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Of Counsel, Wimberly, Lawson, Steckel, Schneider & Stine P.C.
Elizabeth K. (Betsy) Dorminey is of counsel with the firm. She received a B.A. magna cum laude from the University of Georgia in 1976, a license ès lettres from the Sorbonne in 1978, a J.D. from UGA’s Law School in 1981, and an LL.M. from Columbia in 1984. She clerked for the Hon. Ed Carnes on the U.S. Court of Appeals for the Eleventh Circuit and worked for the U.S. Departments of Justice and Commerce prior to joining the firm. Ms. Dorminey is a member of the State Bars of Georgia, Connecticut, and New York, and is admitted to practice in Federal District and Appellate Courts throughout the Southeast. With Larry Stine and Mark Waschak, she is co-author of “Occupational Safety & Health Law: Compliance and Practice” (Thomson/West 2008). Her practice concentrates in all aspects of employer defense, including but not limited to litigation the Fair Labor Standards Act, Title VII employment discrimination, and occupational safety and health. She is a member of the Executive Committee of the Labor & Employment Practice Group of the Federalist Society, and serves on the Board of the Friends of the Georgia Museum of Art.
Practice Groups: Federal Judicial Selections in the Next Administration
Michael B. Brennan, Michael Fragoso, David Lat, Robert Luther, Carl W. Tobias
The importance of judicial selection and confirmation is now a point of emphasis for all...
Over-Regulating Overtime? - Podcast
Tammy Dee McCutchen, Elizabeth K. Dorminey
On May 18, 2016, President Obama and the Secretary of Labor announced new overtime regulations...