Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
General Counsel and Chief Compliance Officer, Aristotle International
The Honorable David M. Mason is General Counsel and Chief Compliance Officer at Aristotle. He assists campaigns, PACs, and political parties in maximizing their effectiveness while complying with federal and state regulatory requirements.
Mr. Mason served as Commissioner and Chairman (2002 and 2008) of the Federal Election Commission from 1998 until 2008, a presidentially appointed, Senate-confirmed position.
President Reagan appointed Mason as Deputy Assistant Secretary of Defense (Legislative Affairs) where he was instrumental in working with Defense Secretary Frank Carlucci and Representative Dick Armey in securing passage of base closing legislation.
Commissioner Mason has testified before Congress over 20 times, addressed international conferences on elections and appeared in or wrote for scores of American print and broadcast media outlets. He is an honors graduate of Claremont McKenna College in Government, graduated with highest honors from Concord Law School and is a member of the California Bar.
Partner, Willkie Farr & Gallagher LLP
Francis J. Menton, Jr. is a partner in the Litigation Department and Co-Chair of the Business Litigation Practice Group of Willkie Farr & Gallagher LLP in New York. Mr. Menton specializes in complex and technical commercial litigation, principally contract and securities claims. He has a nationwide trial practice, and has tried cases in state and federal courts including Colorado, Kansas, Massachusetts, Michigan, New York, Puerto Rico, Texas, Virginia, and Washington.
Mr. Menton is the author of "New Opportunities for Defendants in Securities Class Actions," Engage (Fall 2007), "Can You Protect Yourself Against Identity Theft?" New York Law Journal (April 29, 2002), and "Top Ten Federal Government Efforts to Suppress Free Speech," Federalist Society Free Speech and Election Law News (Summer 2000, 1999, 1998). He also authored "Evaluating Claims Under The Securities Litigation Reform Act of 1995," New York Law Journal (January 6, 1996).
Clinical Professor of Law, Dale E. Fowler School of Law, Chapman University
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Justice, Supreme Court of Arizona
Clint Bolick was appointed by Governor Doug Ducey in January 2016 to serve on the Arizona Supreme Court and was retained by the voters in 2018 and 2024.
Prior to joining the Court, Justice Bolick litigated constitutional cases in state and federal courts from coast to coast, including the U.S. Supreme Court. Among other positions, he served as Vice President for Litigation at the Goldwater Institute and as Co-founder and Vice President for Litigation at the Institute for Justice. He has litigated in support of school choice, freedom of enterprise, private property rights, freedom of speech, and federalism, and against racial classifications and government subsidies.
Justice Bolick received his Juris Doctor degree from the University of California at Davis, where he has been recognized as a distinguished alumnus, and his Bachelor of Arts degree magna cum laude from Drew University. He serves as a research fellow with the Hoover Institution. Among other honors, he was named one of the 90 Greatest DC Lawyers in the Last 30 Years by Legal Times in 2008, received a Bradley Prize in 2006, and was recognized as one of the nation’s three lawyers of the year by American Lawyer in 2002 for his successful defense of school vouchers in Zelman v. Simmons-Harris.
Justice Bolick is a prolific author of a dozen books and hundreds of articles. Among his most recent books are Unshackled: Freeing America’s K-12 Education System: Immigration Wars: Forging an American Solution, co-authored with former Florida Governor Jeb Bush; and David’s Hammer: The Case for an Activist Judiciary. Bolick serves as an adjunct professor of constitutional law at Arizona State University’s Sandra Day O’Connor School of Law and has served as a lecturer at Harvard University’s John F. Kennedy School of Government.
United States Senator, Texas
Ted Cruz represents 28 million Texans in the U.S. Senate as a passionate fighter for limited government and economic growth. He has authored 39 legislative measures signed into law. Recent victories include expanding 529 college savings accounts to allow parents to save for K–12 public, private, and religious education, leading the effort to repeal Obamacare’s individual mandate, imposing sanctions on terrorists who use civilians as human shields, designating North Korea as a state sponsor of terrorism, reauthorizing and reforming NASA, ensuring the availability of additional records to help solve civil rights cold cases, supporting thousands of Texas jobs, and leading the fight to confirm principled constitutionalists to our courts.
Senator Cruz is a graduate of Princeton University and Harvard Law School, a former law clerk to Chief Justice William Rehnquist, and former solicitor general of Texas. He has argued nine cases before the Supreme Court. In November of 2018, he was re-elected to the Senate by the people of Texas.
Jennifer Anju Grossman -- JAG-- became the CEO of the Atlas Society in March of 2016. She shifted the organization's focus to the engagement of young people with the ideas of Ayn Rand in creative ways, like animated videos, graphic novels, and social media, and through the expansion into international markets.
Prior to joining The Atlas Society, she served as Senior Vice President of Dole Food Company, launching the Dole Nutrition Institute — a research and education organization— at the behest of Dole Chairman David H. Murdock. Previously Grossman served as Director of Education at the Cato Institute, and worked closely with the late philanthropist Theodore J. Forstmann to launch the Children's Scholarship Fund. A speechwriter for President George H. W. Bush, Grossman has written for both national and local publications. She graduated with honors from Harvard College.
Executive Director, New York Civil Rights Coalition
Professor of Public Policy, Hunter College, CUNY
Joseph P. Viteritti is the Thomas Hunter Professor of Public Policy and Chair of the Urban Policy and Planning Department at Hunter. He was the founding faculty chair of the Public Policy Program at Hunter’s Roosevelt House Public Policy Institute, and is a member of the doctoral faculty in education policy at the CUNY Graduate Center.
He is recently the author of The Pragmatist: Bill de Blasio’s Quest to Save the Soul of New York (Oxford University Press, 2017), which chronicles the political career and tenure of the incumbent mayor. Written from a historical perspective, the book traces mayoral leadership through the rise, fall and regeneration of progressivism in New York City since the time of Fiorello La Guardia.
House Hearing on the Constitutionality of Campaign Finance Reform
Susan Chamberlain
The House Judiciary Committee's Subcommittee on the Constitution held a hearing on the First Amendment...
Greater New Orleans Broadcasting Association, Inc. v. United States
Erik S. Jaffe
The final month of the recent Supreme Court term brought the latest installment in a...
The Internet, The First Amendment, and Campaign Finance Regulation
David M. Mason, John K. Abegg
One of the major challenges for the Federal Election Commission (FEC) today is determining how...
Top Ten Federal Government Efforts to Suppress Free Speech 1998-99
Francis J. Menton
It's been another year of tireless struggle by the Government to suppress the free speech...
Supreme Court Preview: Compelled Financing of Expressive Activities
Anthony (Tom) Caso
Since the Court's decision in Abood v. Detroit Bd. of Educ., 431 U.S. 209 (1977),...
Panel Three: School Choice: The Next Civil Rights Crusade? [Archive Collection]
1999 Stranahan National Issues Forum
Toldeo, OHMichigan Issue Ad Ruling Reinforces Constitutional Protections
Charles R. Spies
Will the "campaign reformers" ever learn? Time after time federal courts have struck down restrictions...
Encryption Technology: I hear you knockin’, but you can’t come in
Robert F. Schroeder, John G. Malcolm
In these heady days of the Internet, other forms of global communication, and multinational corporations,...
Defending First Principles and Missing a Golden Opportunity
Andrew Siff
In Toledo Area AFL-CIO v. Pizza, 154 F.3d 307 (6th Cir. 1998), the Sixth Circuit...
Recent Developments
On January 4, 1999, the California Supreme Court made it easier for out-of-state residents to...