Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
Former United States Senator, Utah
Over nearly four decades of public service, Senator Orrin Hatch established himself as a leading conservative voice in the United States Senate. As the upper chamber’s most senior Republican, he served as President Pro Tempore and as Chairman of the Senate Finance Committee. In this capacity, he fought to create jobs and strengthen the economy by repealing and replacing Obamacare, reforming the tax code, and opening up overseas markets to American exports.
As a long-time member and former Chairman of the Senate Judiciary Committee, Senator Hatch also fought to check judicial activism and protect our liberties. He was instrumental in confirming conservative judges to the federal bench and played an indispensable role in confirming Supreme Court Justices Antonin Scalia, Clarence Thomas, and Samuel Alito as well as scores of district and circuit court judges.
One of Senator Hatch’s particularly noteworthy achievements on the Judiciary Committee is the Religious Freedom Restoration Act of 1993—a bill he co-authored with the late Senator Ted Kennedy. This landmark legislation prohibits substantial government burdens on the free exercise of religion, allowing all Americans to live, work, and worship in accordance with their beliefs.
In addition to protecting our individual liberties, Senator Hatch was on the front lines of legislative battles to protect our free-market economy and system of limited government under the Constitution. His reputation as a statesman and his record of fiscal responsibility earned him the nickname “Mr. Balanced Budget” from President Reagan.
By virtually all measures, Senator Hatch was among the most effective and consequential legislators in history. Since he first came to Congress in 1977, no legislator alive today has authored more bills that have become law than Senator Hatch.
Of all Senator Hatch’s achievements, he is proudest of his family, and he credits the love of his wife and children as the key to his success. He and Elaine have been married for more than fifty years. Together, they are the parents of six children, twenty-three grandchildren, and sixteen great-grandchildren.
Former Dean, Yale Law School
Eugene Victor Debs Rostow (August 25, 1913 – November 25, 2002) was an American legal scholar and public servant. He was Dean of Yale Law School and served as Under Secretary of State for Political Affairs under President Lyndon B. Johnson. In the 1970s Rostow was a leader of the movement against détente with Russia and in 1981, President Ronald Reagan appointed him director of the Arms Control and Disarmament Agency.
Professor Emeritus of the Practice of Law, Duke University School of Law; Professor Emeritus of Law, Washington College of Law, American University
Michael E. Tigar is Professor Emeritus of the Practice of Law at Duke University School of Law, and Professor Emeritus of Law at Washington College of Law, American University,Washington, D.C. He has held full-time positions at UCLA and The University of Texas. He has been a lecturer at dozens of law schools and bar associations in the United States, Europe, Africa, and Latin America, including service as Professeur Invité at the Faculty of Law of Université Paul-Cezanne, Aix-en-Provence. He is a 1966 graduate of Boalt Hall, University of California, Berkeley, where he was first in his class, Editor-in-Chief of the law review and Order of the Coif. He has authored or co-authored twelve books, three plays, and scores of articles and essays. He has argued seven cases in the U.S. Supreme Court, about 100 federal appeals, and has tried cases in all parts of the country in state and federal courts. His latest books are Trial Stories (2008) (edited with Angela Jordan Davis), and Thinking About Terrorism: The Threat to Civil Liberties in Times of National Emergency (2007). His clients have included Angela Davis, H. Rap Brown, John Connally, Kay Bailey Hutchison, the Washington Post, Mobil Oil, Fantasy Films, Terry Nichols, Allen Ginsberg, Leonard Peltier, the Charleston Five, Fernando Chavez and Lynne Stewart. He has been chair of the 60,000-member Section of Litigation of the American Bar Association, and chair of the board of directors of the Texas Resource Center for Capital Litigation. In his teaching, he has worked with law students in clinical programs where students are counsel or law clerks in significant human rights litigation. He has made several trips to South Africa, working with organizations of African lawyers engaged in the struggle to end apartheid, and, after the release of Nelson Mandela from prison, to lecture on human rights issues and to advise the African National Congress on issues in drafting a new constitution. He has been actively involved in efforts to bring to justice members of the Chilean junta, including former President Pinochet. Of Mr. Tigar's career, Justice William J. Brennan has written that his "tireless striving for justice stretches his arms towards perfection." In 1999, the California Attorneys for Criminal Justice held a ballot for "Lawyer of the Century." Mr. Tigar was third in the balloting, behind Clarence Darrow and Thurgood Marshall. In 2003, the Texas Civil Rights Project named its new building in Austin, Texas, (purchased with a gift from attorney Wayne Reaud) the "Michael Tigar Human Rights Center."
Judge, United States Court of Appeals, Second Circuit
Judge Winter was appointed United States Circuit Judge for the Second Circuit on December 10, 1981 and entered on duty January 5, 1982. He received a B.A. degree from Yale College in 1957 and an LL.B. degree from Yale Law School in 1960. He served as a law clerk to Judge Caleb M. Wright, Chief Judge, U.S. District Court, Delaware, 1960-61, and to Judge Thurgood Marshall, U.S. Court of Appeals, Second Circuit, 1961-62.
Judge Winter was a full-time member of the Yale Law School Faculty from 1962 until entering judicial service. At the time of his appointment, he was the William K. Townsend Professor of Law. He was also a Consultant to the Subcommittee of Separation of Powers, Committee on the Judiciary, U.S. Senate from 1968 to 1972, a Senior Fellow, The Brookings Institute, Washington, D.C. from 1968 to 1970, a John Simon Guggenheim Fellow from 1971 to 1972 and an Adjutant Scholar, American Enterprise Institute from 1972 to 1981.
He served from 1987 to 1992 as a member of the Judicial Conference Advisory Committee on Civil Rules. He served as Chair of the Judicial Conference Advisory Committee on the Rules of Evidence from 1992 to 1996. From July 1, 1997 to September 30, 2000, Judge Winter served as Chief Judge of the U.S. Court of Appeals for the Second Circuit. In April 1998, he was appointed to the Executive Committee of the U.S. Judicial Conference. From October 1999 to September 2000, he served as Chair of the Executive Committee. On October 1, 2000, he took Senior Judge status.
He served as Chair of the Committee to Review Circuit Council Conduct and Disability Orders from 2005 to 2008. He was a member of the United States Foreign Intelligence Surveillance Act Court of Review from 2003 to 2010.
Judge Winter has received the Connecticut Law Review Award, Honorary Doctors of Law from Brooklyn Law School and New York Law School, the Federal Bar Council's Learned Hand Award for Excellence in Federal Jurisprudence, and the Yale Law School's Association's Award of Merit. He is a Fellow of the American Academy of Arts and Sciences.
Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
Former United States Senator, Utah
Over nearly four decades of public service, Senator Orrin Hatch established himself as a leading conservative voice in the United States Senate. As the upper chamber’s most senior Republican, he served as President Pro Tempore and as Chairman of the Senate Finance Committee. In this capacity, he fought to create jobs and strengthen the economy by repealing and replacing Obamacare, reforming the tax code, and opening up overseas markets to American exports.
As a long-time member and former Chairman of the Senate Judiciary Committee, Senator Hatch also fought to check judicial activism and protect our liberties. He was instrumental in confirming conservative judges to the federal bench and played an indispensable role in confirming Supreme Court Justices Antonin Scalia, Clarence Thomas, and Samuel Alito as well as scores of district and circuit court judges.
One of Senator Hatch’s particularly noteworthy achievements on the Judiciary Committee is the Religious Freedom Restoration Act of 1993—a bill he co-authored with the late Senator Ted Kennedy. This landmark legislation prohibits substantial government burdens on the free exercise of religion, allowing all Americans to live, work, and worship in accordance with their beliefs.
In addition to protecting our individual liberties, Senator Hatch was on the front lines of legislative battles to protect our free-market economy and system of limited government under the Constitution. His reputation as a statesman and his record of fiscal responsibility earned him the nickname “Mr. Balanced Budget” from President Reagan.
By virtually all measures, Senator Hatch was among the most effective and consequential legislators in history. Since he first came to Congress in 1977, no legislator alive today has authored more bills that have become law than Senator Hatch.
Of all Senator Hatch’s achievements, he is proudest of his family, and he credits the love of his wife and children as the key to his success. He and Elaine have been married for more than fifty years. Together, they are the parents of six children, twenty-three grandchildren, and sixteen great-grandchildren.
Former Dean, Yale Law School
Eugene Victor Debs Rostow (August 25, 1913 – November 25, 2002) was an American legal scholar and public servant. He was Dean of Yale Law School and served as Under Secretary of State for Political Affairs under President Lyndon B. Johnson. In the 1970s Rostow was a leader of the movement against détente with Russia and in 1981, President Ronald Reagan appointed him director of the Arms Control and Disarmament Agency.
Professor Emeritus of the Practice of Law, Duke University School of Law; Professor Emeritus of Law, Washington College of Law, American University
Michael E. Tigar is Professor Emeritus of the Practice of Law at Duke University School of Law, and Professor Emeritus of Law at Washington College of Law, American University,Washington, D.C. He has held full-time positions at UCLA and The University of Texas. He has been a lecturer at dozens of law schools and bar associations in the United States, Europe, Africa, and Latin America, including service as Professeur Invité at the Faculty of Law of Université Paul-Cezanne, Aix-en-Provence. He is a 1966 graduate of Boalt Hall, University of California, Berkeley, where he was first in his class, Editor-in-Chief of the law review and Order of the Coif. He has authored or co-authored twelve books, three plays, and scores of articles and essays. He has argued seven cases in the U.S. Supreme Court, about 100 federal appeals, and has tried cases in all parts of the country in state and federal courts. His latest books are Trial Stories (2008) (edited with Angela Jordan Davis), and Thinking About Terrorism: The Threat to Civil Liberties in Times of National Emergency (2007). His clients have included Angela Davis, H. Rap Brown, John Connally, Kay Bailey Hutchison, the Washington Post, Mobil Oil, Fantasy Films, Terry Nichols, Allen Ginsberg, Leonard Peltier, the Charleston Five, Fernando Chavez and Lynne Stewart. He has been chair of the 60,000-member Section of Litigation of the American Bar Association, and chair of the board of directors of the Texas Resource Center for Capital Litigation. In his teaching, he has worked with law students in clinical programs where students are counsel or law clerks in significant human rights litigation. He has made several trips to South Africa, working with organizations of African lawyers engaged in the struggle to end apartheid, and, after the release of Nelson Mandela from prison, to lecture on human rights issues and to advise the African National Congress on issues in drafting a new constitution. He has been actively involved in efforts to bring to justice members of the Chilean junta, including former President Pinochet. Of Mr. Tigar's career, Justice William J. Brennan has written that his "tireless striving for justice stretches his arms towards perfection." In 1999, the California Attorneys for Criminal Justice held a ballot for "Lawyer of the Century." Mr. Tigar was third in the balloting, behind Clarence Darrow and Thurgood Marshall. In 2003, the Texas Civil Rights Project named its new building in Austin, Texas, (purchased with a gift from attorney Wayne Reaud) the "Michael Tigar Human Rights Center."
Judge, United States Court of Appeals, Second Circuit
Judge Winter was appointed United States Circuit Judge for the Second Circuit on December 10, 1981 and entered on duty January 5, 1982. He received a B.A. degree from Yale College in 1957 and an LL.B. degree from Yale Law School in 1960. He served as a law clerk to Judge Caleb M. Wright, Chief Judge, U.S. District Court, Delaware, 1960-61, and to Judge Thurgood Marshall, U.S. Court of Appeals, Second Circuit, 1961-62.
Judge Winter was a full-time member of the Yale Law School Faculty from 1962 until entering judicial service. At the time of his appointment, he was the William K. Townsend Professor of Law. He was also a Consultant to the Subcommittee of Separation of Powers, Committee on the Judiciary, U.S. Senate from 1968 to 1972, a Senior Fellow, The Brookings Institute, Washington, D.C. from 1968 to 1970, a John Simon Guggenheim Fellow from 1971 to 1972 and an Adjutant Scholar, American Enterprise Institute from 1972 to 1981.
He served from 1987 to 1992 as a member of the Judicial Conference Advisory Committee on Civil Rules. He served as Chair of the Judicial Conference Advisory Committee on the Rules of Evidence from 1992 to 1996. From July 1, 1997 to September 30, 2000, Judge Winter served as Chief Judge of the U.S. Court of Appeals for the Second Circuit. In April 1998, he was appointed to the Executive Committee of the U.S. Judicial Conference. From October 1999 to September 2000, he served as Chair of the Executive Committee. On October 1, 2000, he took Senior Judge status.
He served as Chair of the Committee to Review Circuit Council Conduct and Disability Orders from 2005 to 2008. He was a member of the United States Foreign Intelligence Surveillance Act Court of Review from 2003 to 2010.
Judge Winter has received the Connecticut Law Review Award, Honorary Doctors of Law from Brooklyn Law School and New York Law School, the Federal Bar Council's Learned Hand Award for Excellence in Federal Jurisprudence, and the Yale Law School's Association's Award of Merit. He is a Fellow of the American Academy of Arts and Sciences.
Garwood Visiting Professor and Visiting Fellow, James Madison Pr, Cleveland-Marshall College of Law
David F. Forte is Professor of Law at Cleveland State University, where he was the inaugural holder of the Charles R. Emrick, Jr.- Calfee Halter & Griswold Endowed Chair. This fall, Professor Forte will be the Garwood Visiting Professor at Princeton University in the Department of Politics, and Visiting Fellow at the James Madison Program in American Ideals and Institutions. He holds degrees from Harvard College, Manchester University, England, the University of Toronto and Columbia University.
During the Reagan administration, Professor Forte served as chief counsel to the United States delegation to the United Nations and alternate delegate to the Security Council. He has authored a number of briefs before the United States Supreme Court, and has frequently testified before the United States Congress and consulted with the Department of State on human rights and international affairs issues. His advice was specifically sought on the approval of the Genocide Convention, on world-wide religious persecution, and Islamic extremism. He has appeared and spoken frequently on radio and television, both nationally and internationally. In 2002, the Department of State sponsored a speaking tour for Professor Forte in Amman, Jordan, and he was also a featured speaker to the Meeting of Peoples in Rimini, Italy, a meeting which gathers over 500,000 people from all over Europe. He has also been called to testify before the state legislatures of Ohio, Kansas, and Idaho as well as the New York City Council. He has assisted in drafting a number of pieces of legislation for the Ohio General Assembly dealing with abortion, international trade, and federalism. He has sat as acting judge on the municipal court of Lakewood Ohio and was chairman of Professional Ethics Committee of the Cleveland Bar Association. He has received a number of awards for his public service, including the Cleveland Bar Association’s President’s Award, the Cleveland State University Award for Distinguished Service, the Cleveland State University Distinguished Teaching Award, and the Cleveland-Marshall College of Law Alumni Award for Faculty Excellence. He served as Consultor to the Pontifical Council for the Family under Pope St. John Paul II and Pope Benedict XVI. In 2003, Dr. Forte was a Distinguished Fulbright Chair at the University of Trento and returned there in 2004 as a Visiting Professor. For the academic year, 2008-2009, Professor Forte was Senior Visiting Scholar at the Center for the Study of Religion and the Constitution in at the Witherspoon Institute in Princeton, New Jersey. He was the Robert E. Henderson Constitution Day Lecturer at the Ashbrook Center at Ashland University, and he has given over 300 invited addresses and papers at more than 100 academic institutions. His work has been cited by the U.S. Supreme Court.
Professor Forte was a Bradley Scholar at the Heritage Foundation, and Visiting Scholar at the Liberty Fund. He has been President of the Ohio Association of Scholars, was on the Board of Directors of the Philadelphia Society, and is also adjunct Scholar at the Ashbrook Center. He has been appointed to the Ohio State Advisory Committee to the U.S. Commission on Civil Rights. He has also been a Civil War re-enactor and a Merit Badge Counselor for the Boy Scouts.
He writes and speaks nationally on topics such as constitutional law, religious liberty, Islamic law, the rights of families, and international affairs. He served as book review editor for the American Journal of Jurisprudence and has edited a volume entitled, Natural Law and Contemporary Public Policy, published by Georgetown University Press. His book, Islamic Law Studies: Classical and Contemporary Applications, has been published by Austin & Winfield. He is Senior Editor of The Heritage Guide to the Constitution (2006), 2d edition (2014), published by Regnery & Co, a clause by clause analysis of the Constitution of the United States.
His teaching competencies include Constitutional Law, the First Amendment, Islamic Law, Jurisprudence, Natural Law, International Law, International Human Rights, the Presidency, and Constitutional History.
Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
Former United States Senator, Utah
Over nearly four decades of public service, Senator Orrin Hatch established himself as a leading conservative voice in the United States Senate. As the upper chamber’s most senior Republican, he served as President Pro Tempore and as Chairman of the Senate Finance Committee. In this capacity, he fought to create jobs and strengthen the economy by repealing and replacing Obamacare, reforming the tax code, and opening up overseas markets to American exports.
As a long-time member and former Chairman of the Senate Judiciary Committee, Senator Hatch also fought to check judicial activism and protect our liberties. He was instrumental in confirming conservative judges to the federal bench and played an indispensable role in confirming Supreme Court Justices Antonin Scalia, Clarence Thomas, and Samuel Alito as well as scores of district and circuit court judges.
One of Senator Hatch’s particularly noteworthy achievements on the Judiciary Committee is the Religious Freedom Restoration Act of 1993—a bill he co-authored with the late Senator Ted Kennedy. This landmark legislation prohibits substantial government burdens on the free exercise of religion, allowing all Americans to live, work, and worship in accordance with their beliefs.
In addition to protecting our individual liberties, Senator Hatch was on the front lines of legislative battles to protect our free-market economy and system of limited government under the Constitution. His reputation as a statesman and his record of fiscal responsibility earned him the nickname “Mr. Balanced Budget” from President Reagan.
By virtually all measures, Senator Hatch was among the most effective and consequential legislators in history. Since he first came to Congress in 1977, no legislator alive today has authored more bills that have become law than Senator Hatch.
Of all Senator Hatch’s achievements, he is proudest of his family, and he credits the love of his wife and children as the key to his success. He and Elaine have been married for more than fifty years. Together, they are the parents of six children, twenty-three grandchildren, and sixteen great-grandchildren.
Former Dean, Yale Law School
Eugene Victor Debs Rostow (August 25, 1913 – November 25, 2002) was an American legal scholar and public servant. He was Dean of Yale Law School and served as Under Secretary of State for Political Affairs under President Lyndon B. Johnson. In the 1970s Rostow was a leader of the movement against détente with Russia and in 1981, President Ronald Reagan appointed him director of the Arms Control and Disarmament Agency.
Professor Emeritus of the Practice of Law, Duke University School of Law; Professor Emeritus of Law, Washington College of Law, American University
Michael E. Tigar is Professor Emeritus of the Practice of Law at Duke University School of Law, and Professor Emeritus of Law at Washington College of Law, American University,Washington, D.C. He has held full-time positions at UCLA and The University of Texas. He has been a lecturer at dozens of law schools and bar associations in the United States, Europe, Africa, and Latin America, including service as Professeur Invité at the Faculty of Law of Université Paul-Cezanne, Aix-en-Provence. He is a 1966 graduate of Boalt Hall, University of California, Berkeley, where he was first in his class, Editor-in-Chief of the law review and Order of the Coif. He has authored or co-authored twelve books, three plays, and scores of articles and essays. He has argued seven cases in the U.S. Supreme Court, about 100 federal appeals, and has tried cases in all parts of the country in state and federal courts. His latest books are Trial Stories (2008) (edited with Angela Jordan Davis), and Thinking About Terrorism: The Threat to Civil Liberties in Times of National Emergency (2007). His clients have included Angela Davis, H. Rap Brown, John Connally, Kay Bailey Hutchison, the Washington Post, Mobil Oil, Fantasy Films, Terry Nichols, Allen Ginsberg, Leonard Peltier, the Charleston Five, Fernando Chavez and Lynne Stewart. He has been chair of the 60,000-member Section of Litigation of the American Bar Association, and chair of the board of directors of the Texas Resource Center for Capital Litigation. In his teaching, he has worked with law students in clinical programs where students are counsel or law clerks in significant human rights litigation. He has made several trips to South Africa, working with organizations of African lawyers engaged in the struggle to end apartheid, and, after the release of Nelson Mandela from prison, to lecture on human rights issues and to advise the African National Congress on issues in drafting a new constitution. He has been actively involved in efforts to bring to justice members of the Chilean junta, including former President Pinochet. Of Mr. Tigar's career, Justice William J. Brennan has written that his "tireless striving for justice stretches his arms towards perfection." In 1999, the California Attorneys for Criminal Justice held a ballot for "Lawyer of the Century." Mr. Tigar was third in the balloting, behind Clarence Darrow and Thurgood Marshall. In 2003, the Texas Civil Rights Project named its new building in Austin, Texas, (purchased with a gift from attorney Wayne Reaud) the "Michael Tigar Human Rights Center."
Judge, United States Court of Appeals, Second Circuit
Judge Winter was appointed United States Circuit Judge for the Second Circuit on December 10, 1981 and entered on duty January 5, 1982. He received a B.A. degree from Yale College in 1957 and an LL.B. degree from Yale Law School in 1960. He served as a law clerk to Judge Caleb M. Wright, Chief Judge, U.S. District Court, Delaware, 1960-61, and to Judge Thurgood Marshall, U.S. Court of Appeals, Second Circuit, 1961-62.
Judge Winter was a full-time member of the Yale Law School Faculty from 1962 until entering judicial service. At the time of his appointment, he was the William K. Townsend Professor of Law. He was also a Consultant to the Subcommittee of Separation of Powers, Committee on the Judiciary, U.S. Senate from 1968 to 1972, a Senior Fellow, The Brookings Institute, Washington, D.C. from 1968 to 1970, a John Simon Guggenheim Fellow from 1971 to 1972 and an Adjutant Scholar, American Enterprise Institute from 1972 to 1981.
He served from 1987 to 1992 as a member of the Judicial Conference Advisory Committee on Civil Rules. He served as Chair of the Judicial Conference Advisory Committee on the Rules of Evidence from 1992 to 1996. From July 1, 1997 to September 30, 2000, Judge Winter served as Chief Judge of the U.S. Court of Appeals for the Second Circuit. In April 1998, he was appointed to the Executive Committee of the U.S. Judicial Conference. From October 1999 to September 2000, he served as Chair of the Executive Committee. On October 1, 2000, he took Senior Judge status.
He served as Chair of the Committee to Review Circuit Council Conduct and Disability Orders from 2005 to 2008. He was a member of the United States Foreign Intelligence Surveillance Act Court of Review from 2003 to 2010.
Judge Winter has received the Connecticut Law Review Award, Honorary Doctors of Law from Brooklyn Law School and New York Law School, the Federal Bar Council's Learned Hand Award for Excellence in Federal Jurisprudence, and the Yale Law School's Association's Award of Merit. He is a Fellow of the American Academy of Arts and Sciences.
Panel IV: What the Constitution Means by Executive Power [Archive Collection]
Charles J. Cooper, Orrin Hatch, Eugene V. Rostow, Michael Tigar, Ralph K. Winter
On November 6-7, 1987, The Federalist Society held a symposium at the Grand Hyatt Hotel...
Panel IV: What the Constitution Means by Executive Power [Archive Collection]
Charles J. Cooper, Orrin Hatch, Eugene V. Rostow, Michael Tigar, Ralph K. Winter
On November 6-7, 1987, The Federalist Society held a symposium at the Grand Hyatt Hotel...
Religion and the Republic
David F. Forte
Note from the Editor: This article is about the positive role that religion plays in the...
Panel IV: What the Constitution Means by Executive Power [Archive Collection]
Foreign Affairs and the Constitution
Washington, DC