Owner and Chief Executive Officer, Coalmont Electrical Developme, Outsider Inside the Supreme Court: A Decisive First Amendment Battle
Shaun McCutcheon grew up in Vestavia Hills, Alabama, and received his Bachelor of Electrical Engineering degree from Georgia Institute of Technology in 1989. Shaun is a registered Professional Engineer in Alabama and still attending Georgia Tech occasionally for continuing education in order to obtain a Power Systems Certificate. After graduation, he worked for an electrical controls company, heading up a number of heavy industrial projects for paper, steel other process industries.
Mr. McCutcheon traveled extensively for 15 years installing motor drives and controls. In 1996, Shaun started his own electrical engineering company, Coalmont, in order to develop custom systems for customers needing upgrades and production improvements. Coalmont is now located in Tuscaloosa County and focuses primarily on difficult projects for the coal mining industry. Mr. McCutcheon’s group is also working on some new energy projects in Alabama for clean coal liquefaction and alternate energy conversion. Shaun specializes in controls and large horsepower energy conversion, both AC and DC.
Mr. McCutcheon is a member of IEEE and the NFIB and hopes to help create additional Alabama jobs with new mines and associated heavy industries such as wood products and automotive. He is a sponsor of the Young Republicans and Finance Director and an elected member of the Jefferson County Republican Executive Committee. He was elected to the Jefferson County Steering Committee, and is He is the chairman of Conservative Action Fund PAC. Mr. McCutcheon also sponsors several charities including Feed the Children.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Professor of Law, Notre Dame Law School
Professor Derek Muller is a nationally-recognized scholar in the field of election law. His research focuses on the role of states in the administration of federal elections, the constitutional contours of voting rights and election administration, the limits of judicial power in the domain of elections, and the Electoral College.
He has published more than two dozen academic works, and his op-eds have appeared in the New York Times, the Los Angeles Times, and the Wall Street Journal. He has testified before Congress, and he is a contributor at the Election Law Blog. He is a co-author on a Federal Courts casebook published by Carolina Academic Press. He is also the co-reporter on a new Restatement of the Law, Election Litigation, an effort led by the American Law Institute.
Professor Muller teaches Election Law, Civil Procedure, and Evidence.
Senior Editor, Reason magazine and Reason.com
Damon Root is a senior editor of Reasonmagazine and Reason.com, where he writes about legal affairs, politics, and history. He is the author of Overruled: The Long War for Control of the U.S. Supreme Court (Palgrave Macmillan).
Root was awarded the R.C. Hoiles Prize for Journalism in 2011 for his writing on eminent domain abuse in New York. His July 2010Reason cover story, "Conservatives v. Libertarians: The debate over judicial activism divides former allies," was nominated for a 2010 Los Angeles Press Club award for best magazine feature or commentary.
Root's writing on the 14th Amendment has been cited in the Georgetown Journal of Law & Public Policy, his reporting on eminent domain has been cited in the Fordham Urban Law Journal, and his work on federalism and gay marriage has been cited in theColumbia Law Review. His 2007 essay on NAACP co-founder Moorfield Storey was recommended inRace & Liberty in America: The Essential Reader (University Press of Kentucky).
Root's writing has appeared in the New York Post, New York Daily News, Chicago Sun-Times,Washington Times, WallStreetJournal.com, New York Press, Cato Policy Report, and other publications.
Root has spoken before audiences at the New York Civil Liberties Union, Columbia University, and the Cato Institute and has appeared on the Fox Business Channel, New York Public Radio, SIRIUS Satellite Radio, and other media outlets.
Root is a graduate of Columbia University, where he received a B.A. in history. He lives in New York's Hudson Valley.
First Court of Appeals, Texas
Michael Massengale was appointed to the First Court of Appeals by Governor Rick Perry on June 15, 2009. He was elected in 2010 and re-elected to a full term in 2012.
Justice Massengale is board certified in civil appellate law by the Texas Board of Legal Specialization. Before joining the court, he was a partner in the trial department at Baker Botts L.L.P. where he specialized in commercial litigation involving corporate mergers and acquisitions, fraudulent transfers, securities fraud, and antitrust. He has also tried a number of personal injury and property damage lawsuits to jury verdicts.
He graduated with honors from The University of Texas School of Law. He earned the Outstanding Editor Award from the Texas Law Review, having published his student note, served as Book Review Editor, and edited the ninth edition of Texas Rules of Form. After law school, he clerked for Judge Harold R. DeMoss, Jr. of the United States Court of Appeals for the Fifth Circuit. He is a graduate of Dartmouth College and an Eagle Scout.
Among other civic and professional activities, Justice Massengale serves as a commissioner on the Permanent Judicial Commission For Children, Youth & Families where he chairs the Training Committee and oversees the Commission's judicial and attorney training programs. He is an elected member of the American Law Institute. He also curates a blog on the history of the Texas Constitution, atwww.texconst.wordpress.com. His wife, Lindsey, is a board-certified ophthalmologist specializing in diseases of the vitreous and retina.
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.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Professor of Law, University of Minnesota Law School
Professor James W. Coleman is a scholar of energy law. He specializes in North American energy infrastructure, transport, and trade. He is also a nonresident senior fellow at the American Enterprise Institute focused on energy policy.
Professor Coleman has testified before Congress on steps to speed up energy infrastructure permits. He also worked with a team of experts as part of Alberta's Royalty Review to revise the Canadian province's management of its vast oil and gas resources.
Before joining Minnesota, Professor Coleman taught at Southern Methodist University's Dedman School of Law, the University of Calgary’s law and business schools, and Harvard Law School. Earlier, he practiced environmental and appellate law at Sidley Austin in Washington, D.C., and clerked for the Honorable Steven M. Colloton of the U.S. Court of Appeals for the Eighth Circuit.
Professor Coleman received two degrees from Harvard University—a J.D. (cum laude) and B.A. in biology (magna cum laude with highest honors in the field). As a result of his undergraduate thesis on butterfly genetics, which required fieldwork in Central Asia, a species of lycaenid butterfly was named after him—Agrodiaetus ripartii colemani.
Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
Adjunct Professor, George Washington University Law School
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Smith has authored over 40 articles on campaign finance reform, appearing in academic publications such as the Yale Law Journal and Georgetown Law Journal, and popular publications such as The Wall Street Journal, USA Today, and National Review. He has appeared on The O’Reilly Factor, Hardball with Chris Matthews, Bill Moyers Journal, the Lehrer News Hour, Fox News Special Report, ABC News, Washington Journal, and numerous other national and local television and radio programs.
As an FEC Commissioner, Smith won plaudits for his integrity and refusal to put partisan interests ahead of his duties, as well as his steadfast support for free speech. For his honesty and integrity, the Wall Street Journal dubbed him, “the only honorable man in this bordello.” Smith now serves as the Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law at Capital University Law School. He has won numerous awards for his scholarship and teaching, and is a past member of the Advisory Committee to the American Bar Association’s Standing Committee on Election Law. He currently serves on the Editorial Board of the Election Law Journal, and the Editorial Advisory Board of the Harvard Journal of Law and Public Policy. Smith also serves on the Board of Trustees of the Buckeye Institute for Public Policy Studies, is a senior fellow at the Goldwater Institute and is a member of the Board of Scholars of the Mackinac Center for Public Policy. Smith is a cum laude graduate of Harvard Law School and Kalamazoo College and holds an honorary doctorate from Augustana College.
Republican Speaker of the Wisconsin Assembly
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Supreme Court Correspondent, The Washington Post
Robert Barnes has been a Washington Post reporter and editor since 1987. He joined the paper to cover Maryland politics, and has served in various editing positions including metropolitan editor and national political editor . He has covered the Supreme Court since November 2006. He gave up law school plans for a life in newspapers after taking a journalism class in college. It did not occur to him, as it apparently did to others, that he could do both.
Senior Counsel, Constitutional Accountability Center
Before joining Constitutional Accountability Center, Si was Public Policy Counsel to the National Senior Citizen Law Center. Si served as Associate Director of President Jimmy Carter’s White House Domestic Policy Staff (1977-81), as a partner in Powell, Goldstein, Frazer, and Murphy LLP (1981-2002), and as Senior Counsel to Sidley Austin LLP (2002-2006). He is a Trustee of the Center for Law and Social Policy and a member of the Administrative Conference of the United States. His articles have appeared in the Atlantic, the Washington Post, The American Prospect, Roll Call, Slate, The Hill, Newsweek/ Daily Beast, Politico, The New Republic, the Huffington Post, as well as law reviews. Si writes frequently for the American Constitution Society’s ACS Blog and has published several ACS issue briefs, including “Mandatory Health Insurance: Is It Constitutional?”, which was released during the Senate health care reform debate in December 2009, and "The Health Reform Lawsuits: Unraveling a Century of Constitutional Law and the Fabric of Modern Government," published in February 2011. His Atlantic article, “The Most Dangerous Branch?”, has been republished in two anthologies, The Best American Political Writing 2003 Royce Flippin, ed. (Avalon Press 2003), and Principles and Practice of American Politics: Classic and Contemporary Readings, 2d ed., Samuel Kernell and Steven S. Smith, eds. (CQ Press 2003). He graduated from Yale Law School, where he was Note & Comment Editor of the Yale Law Journal.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
President, JCN
Carrie Campbell Severino is the president of the JCN, and co-author with Mollie Hemingway of the bestselling book Justice on Trial: The Kavanaugh Confirmation and the Future of the Court. As a go-to expert on the confirmation process, Mrs. Severino has been extensively quoted in the media. She regularly appears on television, including FOX, CNN, MSNBC, C-SPAN, and ABC’s This Week.
Severino writes and speaks on a wide range of judicial issues, including the constitutional limits on government, the federal nomination process, and state judicial selection. She has testified before Congress on constitutional questions and briefed Senators on judicial nominations, and regularly files briefs in high-profile Supreme Court cases. She was a law clerk to Supreme Court Justice Clarence Thomas and to Judge David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit, and is a graduate of Harvard Law School (J.D.), Duke University (B.A., Biology), and Michigan State University (M.A., Linguistics).
Partner, Arnold & Porter Kaye Scholer LLP
Rob Weiner has significant experience as a trial lawyer, appellate advocate, and legal strategist in complex litigation. He is skilled in developing creative legal approaches to bring cases to a quick, cheap and successful resolution. Mr. Weiner’s long experience representing business and sovereign clients in litigation, and his three tours of duty as a government lawyer, have honed his ability to deal with the regulatory, tactical, and constitutional issues arising when the federal government is, or may become, a party in litigation. From 2010-2012, Mr. Weiner was Associate Deputy Attorney General at the US Department of Justice, where his principal responsibility was to oversee the defense of the Affordable Care Act. He also handled sensitive negotiations with a foreign government involving bank secrecy, and dealt with or headed-off difficult issues across the range of the Department’s matters. Mr. Weiner also has served as Senior Counsel in the White House Counsel’s Office, and as an Associate Independent Counsel. He began his career as a law clerk for The Honorable Henry J. Friendly and for Justice Thurgood Marshall.
At the firm, Mr. Weiner has litigated major administrative and constitutional cases; served as national coordinating and trial counsel in product liability and toxic tort cases; represented clients in media-intensive Congressional regulatory, criminal, and disciplinary investigations; and was lead counsel for the State of Israel in litigation involving national security policies. In addition, clients frequently seek him out to author briefs in the US Supreme Court and other forums.
Lunch with Shaun McCutcheon
Sacramento, CaliforniaThe Case Against Employment Discrimination Laws
Denver, ColoradoOverruled: The Long War for Control of the U.S. Supreme Court
Los Angeles, CaliforniaThe Texas Bill of Rights
Houston, TexasHigh on Federalism: Marijuana's Challenge to State-Federal Relations
Irvine, CaliforniaRichard Epstein: Linguistic Relativism & Decline Of The Rule Of Law
Phoenix, ArizonaAgricultural Regulation and Litigation
Iowa Lawyers Chapter
Des Moines, IAThe Defense of Federalism in Action
New York, New YorkCampaign Finance Regulation in Wisconsin: The Law as It was, is, should be, and will be
Milwaukee, WisconsinKing v. Burwell: U.S. Supreme Court Preview of the Next Challenge to the Affordable Care Act
Jonathan H. Adler, Robert Barnes, Simon Lazarus, Dean Reuter, Carrie Campbell Severino, Robert N. Weiner
On March 4, 2015 the Supreme Court will hear oral arguments on King v. Burwell....