Professor of Law, University of Michigan Law School
Professor Nicholas Bagley teaches and writes in the areas of administrative law, regulatory theory, and health law. Prior to joining the Law School faculty, he was an attorney with the appellate staff in the Civil Division at the U.S. Department of Justice, where he argued a dozen cases before the U.S. Courts of Appeals and acted as lead counsel in many more. Professor Bagley also served as a law clerk to Justice John Paul Stevens of the U.S. Supreme Court and to the Hon. David S. Tatel of the U.S. Court of Appeals, District of Columbia Circuit. Professor Bagley holds a BA in English from Yale University and received his JD, summa cum laude, from New York University School of Law. Before entering law school, he joined Teach For America and taught eighth-grade English at a public school in South Bronx. Professor Bagley's work has appeared in the Harvard Law Review, the Columbia Law Review, the Georgetown Law Journal, the New England Journal of Medicine, and the Journal of Health Politics, Policy, and Law. In 2012, he was the recipient of the Law School's L. Hart Wright Award for Excellence in Teaching. He is a frequent contributor to The Incidental Economist, a prominent health policy blog.
Maurice and Hilda Friedman Professor of Law, Columbia Law School; CEO, New Civil Liberties Alliance
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School, and Chief Executive Officer at the New Civil Liberties Alliance. Before coming to Columbia, he was the John P. Wilson Professor at the University of Chicago Law School.
He writes on constitutional law and its history—with particular emphasis on religious liberty, freedom of speech and the press, judicial office, administrative power, and unconstitutional conditions.
His books are Separation of Church and State (Harvard 2002), Law and Judicial Duty (Harvard 2008), Is Administrative Law Unlawful? (Chicago 2014), The Administrative Threat (Encounter 2017), and Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (Chicago 2018). A forthcoming book is Purchasing Submission: Conditions, Power, and Freedom (Harvard 2021).
He is a member of the American Academy of Arts and Sciences, and he has served on the board of directors of the American Society for Legal History. He has twice received the Sutherland Prize for the most significant contribution to English legal history, and has been awarded the Henry Paolucci - Walter Bagehot Book Award, the Hayek Book Prize, and the Bradley Prize.
Judge, U.S. Court of Appeals for the Third Circuit
Hon. Jennifer Mascott served as Associate Professor of Law and Director of the Separation of Powers Institute at The Catholic University of America’s Columbus School of Law before her appointment to the federal bench. On July 16, 2025, President Donald J. Trump nominated her to the U.S. Court of Appeals for the Third Circuit (Delaware), and she was confirmed on October 9, 2025.
Prior to her confirmation, Judge Mascott wrote extensively in administrative and constitutional law, statutory interpretation, and the separation of powers. Her scholarship—published in leading journals including the Stanford Law Review, Notre Dame Law Review, and Supreme Court Review—was cited by the U.S. Supreme Court and multiple federal courts. She also contributed Supreme Court commentary for NBC Universal.
Before joining Catholic Law, she was an Assistant Professor and Co-Director of The C. Boyden Gray Center at George Mason University’s Antonin Scalia Law School. In 2022 she became co-author of Beermann, Cass & Diver’s Administrative Law: Cases and Materials (9th ed.). In 2023 she received the Justice Joseph Story Award for excellence in scholarship, teaching, and advancing the rule of law.
Judge Mascott also served as a Council Member of the ABA’s Administrative Law Section and as a Public Member of the Administrative Conference of the United States. She frequently testified before Congress on executive power, regulatory reform, and judicial jurisdiction, and participated in multiple Supreme Court confirmation hearings.
From 2019 to 2021, she took leave from academia to serve as Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel and later as Associate Deputy Attorney General, where she argued federal cases and assisted with Justice Amy Coney Barrett’s confirmation. Earlier in her career, she clerked for Justice Clarence Thomas and for then-Judge Brett M. Kavanaugh on the D.C. Circuit.
Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.
William K. Townsend Professor of Law, Yale Law School
Nicholas R. Parrillo is Townsend Professor of Law at Yale, with a secondary appointment as Professor of History. His research and teaching focus on administrative law and government bureaucracy and extend to legal history, remedies, and legislation. He has received the ABA’s award for the year’s best scholarship in administrative law and the Law and Society Association’s Hurst Prize for the year’s best book in legal history.
Parrillo’s Yale Law Journal article finding new originalist evidence of broad congressional delegations to agencies was discussed in the Solicitor General’s winning brief in the Supreme Court’s latest nondelegation case and in the en banc 5th Circuit opinion in that case. His Harvard Law Review article on how the judiciary handles the federal government’s disobedience to court orders has been discussed in The Washington Post, The Wall Street Journal, and The New York Times. Parrillo also authored a study that provided the empirical basis for best practices adopted by the Administrative Conference of the United States (ACUS) on the federal government’s ubiquitous but controversial use of guidance documents. Peer scholars at Jotwell, in selecting the “best new scholarship” in law, selected each of these three publications (one of them twice). Parrillo’s most recent article, invited for GW’s annual administrative law issue, reveals and analyzes dramatic variation among industries in their willingness to sue their federal health-and-safety regulators.
Parrillo has testified before Congress, been quoted by the Supreme Court, is a senior fellow of ACUS, and has been an instructor at the New York Historical Society’s graduate institute and an invited speaker before the 2nd Circuit Judicial Conference, the U.S. Department of Justice (in 2019 and again in 2024), the ACLU’s national legal staff, and the Federalist Society’s national convention (two times). He is a recipient of the Law School’s annual teaching award.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.
Professor of Law, University of Michigan Law School
Professor Nicholas Bagley teaches and writes in the areas of administrative law, regulatory theory, and health law. Prior to joining the Law School faculty, he was an attorney with the appellate staff in the Civil Division at the U.S. Department of Justice, where he argued a dozen cases before the U.S. Courts of Appeals and acted as lead counsel in many more. Professor Bagley also served as a law clerk to Justice John Paul Stevens of the U.S. Supreme Court and to the Hon. David S. Tatel of the U.S. Court of Appeals, District of Columbia Circuit. Professor Bagley holds a BA in English from Yale University and received his JD, summa cum laude, from New York University School of Law. Before entering law school, he joined Teach For America and taught eighth-grade English at a public school in South Bronx. Professor Bagley's work has appeared in the Harvard Law Review, the Columbia Law Review, the Georgetown Law Journal, the New England Journal of Medicine, and the Journal of Health Politics, Policy, and Law. In 2012, he was the recipient of the Law School's L. Hart Wright Award for Excellence in Teaching. He is a frequent contributor to The Incidental Economist, a prominent health policy blog.
Maurice and Hilda Friedman Professor of Law, Columbia Law School; CEO, New Civil Liberties Alliance
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School, and Chief Executive Officer at the New Civil Liberties Alliance. Before coming to Columbia, he was the John P. Wilson Professor at the University of Chicago Law School.
He writes on constitutional law and its history—with particular emphasis on religious liberty, freedom of speech and the press, judicial office, administrative power, and unconstitutional conditions.
His books are Separation of Church and State (Harvard 2002), Law and Judicial Duty (Harvard 2008), Is Administrative Law Unlawful? (Chicago 2014), The Administrative Threat (Encounter 2017), and Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (Chicago 2018). A forthcoming book is Purchasing Submission: Conditions, Power, and Freedom (Harvard 2021).
He is a member of the American Academy of Arts and Sciences, and he has served on the board of directors of the American Society for Legal History. He has twice received the Sutherland Prize for the most significant contribution to English legal history, and has been awarded the Henry Paolucci - Walter Bagehot Book Award, the Hayek Book Prize, and the Bradley Prize.
Judge, U.S. Court of Appeals for the Third Circuit
Hon. Jennifer Mascott served as Associate Professor of Law and Director of the Separation of Powers Institute at The Catholic University of America’s Columbus School of Law before her appointment to the federal bench. On July 16, 2025, President Donald J. Trump nominated her to the U.S. Court of Appeals for the Third Circuit (Delaware), and she was confirmed on October 9, 2025.
Prior to her confirmation, Judge Mascott wrote extensively in administrative and constitutional law, statutory interpretation, and the separation of powers. Her scholarship—published in leading journals including the Stanford Law Review, Notre Dame Law Review, and Supreme Court Review—was cited by the U.S. Supreme Court and multiple federal courts. She also contributed Supreme Court commentary for NBC Universal.
Before joining Catholic Law, she was an Assistant Professor and Co-Director of The C. Boyden Gray Center at George Mason University’s Antonin Scalia Law School. In 2022 she became co-author of Beermann, Cass & Diver’s Administrative Law: Cases and Materials (9th ed.). In 2023 she received the Justice Joseph Story Award for excellence in scholarship, teaching, and advancing the rule of law.
Judge Mascott also served as a Council Member of the ABA’s Administrative Law Section and as a Public Member of the Administrative Conference of the United States. She frequently testified before Congress on executive power, regulatory reform, and judicial jurisdiction, and participated in multiple Supreme Court confirmation hearings.
From 2019 to 2021, she took leave from academia to serve as Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel and later as Associate Deputy Attorney General, where she argued federal cases and assisted with Justice Amy Coney Barrett’s confirmation. Earlier in her career, she clerked for Justice Clarence Thomas and for then-Judge Brett M. Kavanaugh on the D.C. Circuit.
Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.
William K. Townsend Professor of Law, Yale Law School
Nicholas R. Parrillo is Townsend Professor of Law at Yale, with a secondary appointment as Professor of History. His research and teaching focus on administrative law and government bureaucracy and extend to legal history, remedies, and legislation. He has received the ABA’s award for the year’s best scholarship in administrative law and the Law and Society Association’s Hurst Prize for the year’s best book in legal history.
Parrillo’s Yale Law Journal article finding new originalist evidence of broad congressional delegations to agencies was discussed in the Solicitor General’s winning brief in the Supreme Court’s latest nondelegation case and in the en banc 5th Circuit opinion in that case. His Harvard Law Review article on how the judiciary handles the federal government’s disobedience to court orders has been discussed in The Washington Post, The Wall Street Journal, and The New York Times. Parrillo also authored a study that provided the empirical basis for best practices adopted by the Administrative Conference of the United States (ACUS) on the federal government’s ubiquitous but controversial use of guidance documents. Peer scholars at Jotwell, in selecting the “best new scholarship” in law, selected each of these three publications (one of them twice). Parrillo’s most recent article, invited for GW’s annual administrative law issue, reveals and analyzes dramatic variation among industries in their willingness to sue their federal health-and-safety regulators.
Parrillo has testified before Congress, been quoted by the Supreme Court, is a senior fellow of ACUS, and has been an instructor at the New York Historical Society’s graduate institute and an invited speaker before the 2nd Circuit Judicial Conference, the U.S. Department of Justice (in 2019 and again in 2024), the ACLU’s national legal staff, and the Federalist Society’s national convention (two times). He is a recipient of the Law School’s annual teaching award.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.
Legal Fellow, Center for the Separation of Powers, Pacific Legal Foundation
Alison Somin joined Pacific Legal Foundation in May 2020 as a legal fellow in the Center for the Separation of Powers and part of the equality before the law practice group.
Before joining the Pacific Legal Foundation team, Alison was a special assistant and counsel for over a decade to Gail Heriot, a member of the bipartisan United States Commission on Civil Rights. She also has deep roots in the liberty movement. Alison was a Koch Associate at the National Federation for Independent Business Legal Foundation and, during law school, completed summer clerkships at the Institute for Justice and the Charles G. Koch Charitable Foundation. She holds a J.D. from Emory University School of Law and an A.B. in history from Dartmouth College.
Her work has been published in the San Francisco Chronicle, the Daily Journal, Texas Journal of Law and Politics, and The Federalist Society’s Engage magazine and blog.
She lives in northern Virginia with her husband Ilya; two children; and golden retriever Willow. In her spare time, she enjoys reading, baking and cooking, children’s art projects, and training and exercising Willow.
Necessary & Proper Episode 67: Non-Delegation? Or No Divesting? Art. I, Sec. 1 at the Founding and Today
Nicholas Bagley, Philip A. Hamburger, Jenn L. Mascott, Nicholas R. Parrillo, Neomi Rao
On May 17, as part of their annual Executive Branch Review Conference, the Federalist Society's...
Non-Delegation? Or No Divesting? Art. I, Sec. 1 at the Founding and Today
Nicholas Bagley, Philip A. Hamburger, Jenn L. Mascott, Nicholas R. Parrillo, Neomi Rao
Whether as the result of hyper-partisanship or as a residue of the constitutional design for...
A Lady or a Tiger?: Thoughts on Fisher v. University of Texas and the Future of Race Preferences in America
Alison E. Somin
Note from the Editor: This article is about the U.S. Supreme Court’s decision in Fisher...