Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Partner, Mayer Brown LLP
Andrew Pincus is a partner in Mayer Brown LLP resident in Washington, D.C. His practice focuses on Supreme Court and appellate litigation.
Andy has argued 29 cases in the Supreme Court of the United States, including Lamps Plus, Inc. v. Varela and Frank v. Gaos in the October 2018 Term; as well as his recent victories in Impression Products, Inc. v. Lexmark International, Inc. (2017); Kindred Nursing Home Centers Limited Partnership v. Clark (2017); and Spokeo, Inc. v. Robins (2016). Law360 ranked Andy’s victory in AT&T Mobility v. Concepcion (2011), as the most important Supreme Court class action decision of the last 15 years.
Andy appears regularly before federal and state appellate courts and federal district courts. His practice also includes written and oral advocacy before Congress, other legislative bodies, and regulatory agencies regarding a variety of policy and legal issues.
A former Assistant to the Solicitor General in the United States Department of Justice (1984-1988), Andy co-founded and serves as co-director of the Yale Law School's Supreme Court Advocacy Clinic (2006-present), which provides pro bono representation in 10-15 Supreme Court cases each year.
While serving as General Counsel of the United States Department of Commerce (1997-2000), Andy had principal responsibility for the Digital Millennium Copyright Act and the Electronic Signatures in Global and National Commerce Act. He also participated in formulation of policy concerning privacy, domain name management, taxation of electronic commerce, export controls, international trade, and consumer protection.
Andy is a graduate of Yale College and Columbia Law School, where he was a Notes & Comments Editor of the Columbia Law Review. He served as Law Clerk to the Honorable Harold H. Greene, United States District Court for the District of Columbia (1981-1982).
President, Constitutional Accountability Center
Elizabeth is Constitutional Accountability Center’s President. From 2008-2016, she served as CAC's Chief Counsel, representing the Center as well as clients including preeminent constitutional scholars and historians, state and local government organizations, and groups such as the League of Women Voters and the AARP. She frequently participates in Supreme Court litigation and her legal brief writing has been recognized as “exemplary” by the Green Bag Almanac & Reader. Elizabeth has also argued several important cases in the federal courts of appeals on a range of issues, including immigration law, habeas corpus, and sovereign immunity. She joined CAC from private practice at Quinn Emanuel Urquhart & Sullivan in San Francisco, where she was an attorney working with former Stanford Law School Dean Kathleen Sullivan in the firm’s Supreme Court/appellate practice. Previously, Elizabeth was a supervising attorney and teaching fellow at the Georgetown University Law Center appellate litigation clinic, a law clerk for Judge James R. Browning of the U.S. Court of Appeals for the Ninth Circuit, and a lawyer at Pillsbury Winthrop Shaw Pittman, a law firm in Washington. She has appeared as a legal expert for NBC, ABC, PBS, CNN, Fox News, the BBC, Current TV, and NPR, among other outlets. Elizabeth has been quoted extensively in the print media and is a regular contributor to the ABA’s Preview of United States Supreme Court Cases. Her writings have appeared in The New York Times, Reuters, USA Today, Politico, CNN.com, Slate, and on numerous political and legal blogs, such as Huffington Post, SCOTUSblog, and ACSblog. She has also published in the UCLA Journal of Environmental Law & Policy, Syracuse Law Review, The Cato Institute’s Supreme Court Review, and the Yale Journal of International Law. Elizabeth is a graduate of Yale Law School.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Partner, O'Melveny & Myers LLP
Walter Dellinger is an influential authority on appellate and Supreme Court decisions, lending his experience as a former Solicitor General and decades of legal knowledge to amicus briefs, a multitude of pro bono clients, and public and private companies involved in bet-the-company litigation. A frequent commentator for the Wall Street Journal, Slate, and major television networks, Walter holds the designation of the Douglas B. Maggs Emeritus Professor of Law at Duke University. He was named one of the 100 Most Influential Lawyers in America by the National Law Journal and recognized with a Lifetime Achievement Award from the American Lawyer.
Walter, who formerly served as O’Melveny’s Diversity and Inclusion Partner, helped convince the US Supreme Court that proponents of Proposition 8, California's ban on same-sex marriage, did not have standing to appeal a court order invalidating it. That ruling, Hollingsworth v. Perry, cleared the way for marriage equality in California and eventually nationwide.
Walter served as Assistant Attorney General and head of the Office of Legal Counsel (OLC) from 1993 to 1996. He was acting Solicitor General for the 1996-97 Term of the US Supreme Court. During that time, Walter argued nine cases before the Court, the most by any Solicitor General in more than 20 years. His arguments included cases dealing with physician-assisted suicide, the line item veto, the cable television act, the Brady Act, the Religious Freedom Restoration Act, and the constitutionality of remedial services for parochial school children.
Walter has served as Special Counsel to the Board of Directors of the New York Stock Exchange in connection with the NYSE’s transformation into a publicly held company and its acquisition of an electronic trading company.
After serving in early 1993 in the White House as an advisor to the President on constitutional issues, Walter was nominated by the President to be Assistant Attorney General. He was confirmed by the Senate in October 1993 and served for three years. As head of the OLC, Walter issued opinions on a wide variety of issues, including: the President's authority to deploy United States forces in Haiti and Bosnia; whether the trade agreements required treaty ratification; and a major review of separation of powers questions. He provided extensive legal advice on questions arising out of the shutdown of the federal government, on national debt ceiling issues, and on loan guarantees for Mexico.
Walter has published articles on constitutional issues for scholarly journals including the Harvard Law Review, the Yale Law Journal, and the Duke Law Journal, and has written for the New York Times, the Washington Post, Newsweek, the New Republic, and the London Times. He has been a visiting professor at the Catholic University of Belgium and has given lectures to university faculties in Florence, Siena, Nuremberg, Copenhagen, Leiden, Utrecht, Tilburg, Mexico, and Rio de Janeiro, and has delivered major lectures at Stanford, Yale, Harvard, Michigan, Berkeley, Penn, Duke, Chicago, and other US law schools. He has testified more than 25 times before committees of Congress.
In private practice, Walter’s arguments before the United States Supreme Court have included Exxon Shipping Co. v. Baker, Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County, Alabama v. North Carolina, Hosanna-Tabor v. EEOC, Heller v. District of Columbia, Jackson v. Birmingham School District, Brown v. Legal Foundation of Washington, US Airways v. Barnett, Utah v. Evans, Hunt v. Cromartie, and Hunt v. Easley. His most notable Court of Appeals and state supreme court arguments include Martha Stewart v. United States, Whiteside v. United States, and Exxon v. Alabama, LCI v. Phillips.
Partner, Millbank LLP
Mr. Katyal, the former Acting Solicitor General of the United States, focuses on appellate and complex litigation. He has argued 54 cases before the Supreme Court of the United States.
He has extensive experience in matters of antitrust, corporate, constitutional, securities, technology, criminal, patent, copyright, trademark, ERISA, products liability, labor, employment and tribal law. In the 2022-23 Supreme Court term, he argued five separate cases (nearly 10% of the docket), including winning the landmark voting case Moore v. Harper, which Judge Michael Luttig described as “the most important case for American democracy in the almost two and a half centuries since America’s founding.” Judge Luttig also said Mr. Katyal’s argument “was the single best oral argument I have ever heard made in the Supreme Court of the United States.” His cases include successfully striking down the Guantanamo military tribunals, successfully defending the constitutionality of the Voting Rights Act and successfully defending the Peace Cross in Maryland. His 2017 win in Bristol Myers Squibb v. Superior Court was a landmark victory for personal jurisdiction law and his 2006 win in Hamdan v. Rumsfeld was described by former Acting Solicitor General Walter Dellinger as “simply the most important decision on presidential power and the rule of law ever. Ever.”
From 2010 to 2011, Mr. Katyal served as Acting Solicitor General of the United States, where he argued several major Supreme Court cases involving a variety of issues, such as his successful defense of the constitutionality of the Voting Rights Act of 1965, his victorious defense of former Attorney General John Ashcroft for alleged abuses in the war on terror, his unanimous victory against eight states who sued the nation's leading power plants for contributing to global warming, and a variety of other matters. As Acting Solicitor General, he was responsible for representing the federal government of the United States in all appellate matters before the US Supreme Court and the Courts of Appeals throughout the nation. He served as Counsel of Record hundreds of times in the US Supreme Court. He was also the only head of the Solicitor General's office to argue a case in the US Court of Appeals for the Federal Circuit, on the important question of whether certain aspects of the human genome were patentable.
After graduating from Yale Law School, Mr. Katyal clerked for The Honorable Guido Calabresi of the US Court of Appeals for the Second Circuit as well as for The Honorable Justice Stephen G. Breyer of the US Supreme Court. He also served in the Deputy Attorney General's Office at the Justice Department as National Security Advisor and as Special Assistant to the Deputy Attorney General during 1998-1999.
Mr. Katyal is a best-selling New York Times author and has published dozens of scholarly articles in law journals (including several in the Harvard Law Review and Yale Law Journal), as well as many op-ed articles in publications such as the New York Times and the Washington Post. He has testified numerous times before various committees of both the US House of Representatives and the US Senate.
Partner, Jones Day
Kevin Marshall provides clients analysis, strategy, and advocacy involving novel or complex legal issues, particularly in white collar and other compliance matters and in civil litigation arising out of criminal matters or alleged fraud. This includes appeals, dispositive and other critical motions, and prelitigation analyses.
Kevin oversaw trial and appellate briefing, and argued on appeal, in the successful defense of lawsuits arising out of the wiretapping prosecution of a private investigator who had served Jones Day's clients. He also has overseen briefing of, and successfully argued, motions for R.J. Reynolds in connection with arbitration under the Federal Arbitration Act, and the partial settlement, of billion dollar disputes with states under the Master Settlement Agreement. His assistance with investigations and related litigation has included the Foreign Corrupt Practices Act, false claims acts, RICO, civil and criminal fraud, reckless manslaughter, and the intersection of products liability and bankruptcy. Kevin was part of the team representing the National Federation of Independent Business in challenging the constitutionality of the Patient Protection and Affordable Care Act before the Eleventh Circuit and U.S. Supreme Court. He also has advised on and briefed issues under the Consumer Product Safety Improvement Act (CPSIA).
Before joining Jones Day, Kevin was a deputy assistant attorney general in the U.S. Department of Justice's Office of Legal Counsel. He provided authoritative written legal opinions and other legal advice, throughout the executive branch, on the Constitution, treaties, international law including the law of war, and federal statutes and regulations. He also testified three times before Congress.
Freelance Journalist and Author
Stuart Taylor, Jr. is a Washington writer focusing on legal and policy issues and a National Journal contributing editor. He occasionally practices law.
Taylor has coauthored three books. All have been acclaimed by commentators across the ideological spectrum. In January 2017, KC Johnson and Taylor authored The Campus Rape Frenzy: The Attack on Due Process at America's Universities. In 2012, Richard Sander and Taylor authored Mismatch: How Affirmative Action Hurts Students It's Intended to Help, and Why Universities Won't Admit It. In 2007, Taylor and Johnson authored Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Fraud. Sander and Taylor have also filed amicus briefs in Supreme Court cases involving admissions preferences.
Since 1980, Taylor has done reporting and commentary about issues ranging from the biggest Supreme Court cases to race, voting rights, mindlessly excessive criminal penalties, guilt-presuming campus rape processes, journalistic bias, the death penalty, war powers, gerrymandering, guns, polarization, civil liberties, national security, torture, campaign finance, education, impeachment, and other issues. He has often been called one of the nation's best legal journalists and is known for challenging both liberal and conservative conventional wisdom.
Taylor was a reporter for The New York Times from 1980-1988, covering legal affairs and then the Supreme Court. He wrote commentaries and long features for The American Lawyer, Legal Times and their affiliates from 1989-1997, and for National Journal and Newsweek from 1998 through 2010. He has written (less often) on a freelance basis for numerous publications since 2010. He has written op-eds for The Washington Post, The New York Times, The Wall Street Journal, The Los Angeles Times, USA Today, and The New York Daily News and longer commentaries for RealClearPolitics, The Atlantic, The New Republic, the (late) Weekly Standard, National Review, Slate, The Daily Beast, Harper’s, Reader’s Digest, Time and other magazines. He has been interviewed on all major television and radio networks. He taught “Law and the News Media” at Stanford Law School in 2011 and 2012 and practices law on occasion.
Taylor graduated from Princeton University in 1970 with an A.B. in History. After working as a reporter for the Baltimore Evening Sun and Sun from 1971-1974, he moved to Harvard Law School, was a Harvard Law Review note editor, and graduated in 1977 at the top of his class, with high honors. He also won a Frederick Sheldon Traveling Fellowship and traveled around the world in 1977-1978 while studying freedom of the press in the United Kingdom and Kenya.
Taylor practiced law with Wilmer, Cutler & Pickering, in Washington, D.C., from 1977-1980 before returning to journalism in 1980 by joining the Washington Bureau of The New York Times.
Taylor's journalism honors include the 2009 Northern California Innocence Project Media Award for his work on the Duke lacrosse rape fraud; a 2002 National Headliner Award for best special magazine column on one subject; and a share of The American Lawyer’s National Magazine Award for a March 1990 special issue on the drug war. He was a National Magazine Award finalist in 1993 and 1997 and was nominated by The New York Times for a Pulitzer Prize in 1988.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
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.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
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.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Partner, O'Melveny & Myers LLP
Walter Dellinger is an influential authority on appellate and Supreme Court decisions, lending his experience as a former Solicitor General and decades of legal knowledge to amicus briefs, a multitude of pro bono clients, and public and private companies involved in bet-the-company litigation. A frequent commentator for the Wall Street Journal, Slate, and major television networks, Walter holds the designation of the Douglas B. Maggs Emeritus Professor of Law at Duke University. He was named one of the 100 Most Influential Lawyers in America by the National Law Journal and recognized with a Lifetime Achievement Award from the American Lawyer.
Walter, who formerly served as O’Melveny’s Diversity and Inclusion Partner, helped convince the US Supreme Court that proponents of Proposition 8, California's ban on same-sex marriage, did not have standing to appeal a court order invalidating it. That ruling, Hollingsworth v. Perry, cleared the way for marriage equality in California and eventually nationwide.
Walter served as Assistant Attorney General and head of the Office of Legal Counsel (OLC) from 1993 to 1996. He was acting Solicitor General for the 1996-97 Term of the US Supreme Court. During that time, Walter argued nine cases before the Court, the most by any Solicitor General in more than 20 years. His arguments included cases dealing with physician-assisted suicide, the line item veto, the cable television act, the Brady Act, the Religious Freedom Restoration Act, and the constitutionality of remedial services for parochial school children.
Walter has served as Special Counsel to the Board of Directors of the New York Stock Exchange in connection with the NYSE’s transformation into a publicly held company and its acquisition of an electronic trading company.
After serving in early 1993 in the White House as an advisor to the President on constitutional issues, Walter was nominated by the President to be Assistant Attorney General. He was confirmed by the Senate in October 1993 and served for three years. As head of the OLC, Walter issued opinions on a wide variety of issues, including: the President's authority to deploy United States forces in Haiti and Bosnia; whether the trade agreements required treaty ratification; and a major review of separation of powers questions. He provided extensive legal advice on questions arising out of the shutdown of the federal government, on national debt ceiling issues, and on loan guarantees for Mexico.
Walter has published articles on constitutional issues for scholarly journals including the Harvard Law Review, the Yale Law Journal, and the Duke Law Journal, and has written for the New York Times, the Washington Post, Newsweek, the New Republic, and the London Times. He has been a visiting professor at the Catholic University of Belgium and has given lectures to university faculties in Florence, Siena, Nuremberg, Copenhagen, Leiden, Utrecht, Tilburg, Mexico, and Rio de Janeiro, and has delivered major lectures at Stanford, Yale, Harvard, Michigan, Berkeley, Penn, Duke, Chicago, and other US law schools. He has testified more than 25 times before committees of Congress.
In private practice, Walter’s arguments before the United States Supreme Court have included Exxon Shipping Co. v. Baker, Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County, Alabama v. North Carolina, Hosanna-Tabor v. EEOC, Heller v. District of Columbia, Jackson v. Birmingham School District, Brown v. Legal Foundation of Washington, US Airways v. Barnett, Utah v. Evans, Hunt v. Cromartie, and Hunt v. Easley. His most notable Court of Appeals and state supreme court arguments include Martha Stewart v. United States, Whiteside v. United States, and Exxon v. Alabama, LCI v. Phillips.
Partner, Millbank LLP
Mr. Katyal, the former Acting Solicitor General of the United States, focuses on appellate and complex litigation. He has argued 54 cases before the Supreme Court of the United States.
He has extensive experience in matters of antitrust, corporate, constitutional, securities, technology, criminal, patent, copyright, trademark, ERISA, products liability, labor, employment and tribal law. In the 2022-23 Supreme Court term, he argued five separate cases (nearly 10% of the docket), including winning the landmark voting case Moore v. Harper, which Judge Michael Luttig described as “the most important case for American democracy in the almost two and a half centuries since America’s founding.” Judge Luttig also said Mr. Katyal’s argument “was the single best oral argument I have ever heard made in the Supreme Court of the United States.” His cases include successfully striking down the Guantanamo military tribunals, successfully defending the constitutionality of the Voting Rights Act and successfully defending the Peace Cross in Maryland. His 2017 win in Bristol Myers Squibb v. Superior Court was a landmark victory for personal jurisdiction law and his 2006 win in Hamdan v. Rumsfeld was described by former Acting Solicitor General Walter Dellinger as “simply the most important decision on presidential power and the rule of law ever. Ever.”
From 2010 to 2011, Mr. Katyal served as Acting Solicitor General of the United States, where he argued several major Supreme Court cases involving a variety of issues, such as his successful defense of the constitutionality of the Voting Rights Act of 1965, his victorious defense of former Attorney General John Ashcroft for alleged abuses in the war on terror, his unanimous victory against eight states who sued the nation's leading power plants for contributing to global warming, and a variety of other matters. As Acting Solicitor General, he was responsible for representing the federal government of the United States in all appellate matters before the US Supreme Court and the Courts of Appeals throughout the nation. He served as Counsel of Record hundreds of times in the US Supreme Court. He was also the only head of the Solicitor General's office to argue a case in the US Court of Appeals for the Federal Circuit, on the important question of whether certain aspects of the human genome were patentable.
After graduating from Yale Law School, Mr. Katyal clerked for The Honorable Guido Calabresi of the US Court of Appeals for the Second Circuit as well as for The Honorable Justice Stephen G. Breyer of the US Supreme Court. He also served in the Deputy Attorney General's Office at the Justice Department as National Security Advisor and as Special Assistant to the Deputy Attorney General during 1998-1999.
Mr. Katyal is a best-selling New York Times author and has published dozens of scholarly articles in law journals (including several in the Harvard Law Review and Yale Law Journal), as well as many op-ed articles in publications such as the New York Times and the Washington Post. He has testified numerous times before various committees of both the US House of Representatives and the US Senate.
Freelance Journalist and Author
Stuart Taylor, Jr. is a Washington writer focusing on legal and policy issues and a National Journal contributing editor. He occasionally practices law.
Taylor has coauthored three books. All have been acclaimed by commentators across the ideological spectrum. In January 2017, KC Johnson and Taylor authored The Campus Rape Frenzy: The Attack on Due Process at America's Universities. In 2012, Richard Sander and Taylor authored Mismatch: How Affirmative Action Hurts Students It's Intended to Help, and Why Universities Won't Admit It. In 2007, Taylor and Johnson authored Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Fraud. Sander and Taylor have also filed amicus briefs in Supreme Court cases involving admissions preferences.
Since 1980, Taylor has done reporting and commentary about issues ranging from the biggest Supreme Court cases to race, voting rights, mindlessly excessive criminal penalties, guilt-presuming campus rape processes, journalistic bias, the death penalty, war powers, gerrymandering, guns, polarization, civil liberties, national security, torture, campaign finance, education, impeachment, and other issues. He has often been called one of the nation's best legal journalists and is known for challenging both liberal and conservative conventional wisdom.
Taylor was a reporter for The New York Times from 1980-1988, covering legal affairs and then the Supreme Court. He wrote commentaries and long features for The American Lawyer, Legal Times and their affiliates from 1989-1997, and for National Journal and Newsweek from 1998 through 2010. He has written (less often) on a freelance basis for numerous publications since 2010. He has written op-eds for The Washington Post, The New York Times, The Wall Street Journal, The Los Angeles Times, USA Today, and The New York Daily News and longer commentaries for RealClearPolitics, The Atlantic, The New Republic, the (late) Weekly Standard, National Review, Slate, The Daily Beast, Harper’s, Reader’s Digest, Time and other magazines. He has been interviewed on all major television and radio networks. He taught “Law and the News Media” at Stanford Law School in 2011 and 2012 and practices law on occasion.
Taylor graduated from Princeton University in 1970 with an A.B. in History. After working as a reporter for the Baltimore Evening Sun and Sun from 1971-1974, he moved to Harvard Law School, was a Harvard Law Review note editor, and graduated in 1977 at the top of his class, with high honors. He also won a Frederick Sheldon Traveling Fellowship and traveled around the world in 1977-1978 while studying freedom of the press in the United Kingdom and Kenya.
Taylor practiced law with Wilmer, Cutler & Pickering, in Washington, D.C., from 1977-1980 before returning to journalism in 1980 by joining the Washington Bureau of The New York Times.
Taylor's journalism honors include the 2009 Northern California Innocence Project Media Award for his work on the Duke lacrosse rape fraud; a 2002 National Headliner Award for best special magazine column on one subject; and a share of The American Lawyer’s National Magazine Award for a March 1990 special issue on the drug war. He was a National Magazine Award finalist in 1993 and 1997 and was nominated by The New York Times for a Pulitzer Prize in 1988.
Partner, Jones Day
Kevin Marshall provides clients analysis, strategy, and advocacy involving novel or complex legal issues, particularly in white collar and other compliance matters and in civil litigation arising out of criminal matters or alleged fraud. This includes appeals, dispositive and other critical motions, and prelitigation analyses.
Kevin oversaw trial and appellate briefing, and argued on appeal, in the successful defense of lawsuits arising out of the wiretapping prosecution of a private investigator who had served Jones Day's clients. He also has overseen briefing of, and successfully argued, motions for R.J. Reynolds in connection with arbitration under the Federal Arbitration Act, and the partial settlement, of billion dollar disputes with states under the Master Settlement Agreement. His assistance with investigations and related litigation has included the Foreign Corrupt Practices Act, false claims acts, RICO, civil and criminal fraud, reckless manslaughter, and the intersection of products liability and bankruptcy. Kevin was part of the team representing the National Federation of Independent Business in challenging the constitutionality of the Patient Protection and Affordable Care Act before the Eleventh Circuit and U.S. Supreme Court. He also has advised on and briefed issues under the Consumer Product Safety Improvement Act (CPSIA).
Before joining Jones Day, Kevin was a deputy assistant attorney general in the U.S. Department of Justice's Office of Legal Counsel. He provided authoritative written legal opinions and other legal advice, throughout the executive branch, on the Constitution, treaties, international law including the law of war, and federal statutes and regulations. He also testified three times before Congress.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Partner, O'Melveny & Myers LLP
Walter Dellinger is an influential authority on appellate and Supreme Court decisions, lending his experience as a former Solicitor General and decades of legal knowledge to amicus briefs, a multitude of pro bono clients, and public and private companies involved in bet-the-company litigation. A frequent commentator for the Wall Street Journal, Slate, and major television networks, Walter holds the designation of the Douglas B. Maggs Emeritus Professor of Law at Duke University. He was named one of the 100 Most Influential Lawyers in America by the National Law Journal and recognized with a Lifetime Achievement Award from the American Lawyer.
Walter, who formerly served as O’Melveny’s Diversity and Inclusion Partner, helped convince the US Supreme Court that proponents of Proposition 8, California's ban on same-sex marriage, did not have standing to appeal a court order invalidating it. That ruling, Hollingsworth v. Perry, cleared the way for marriage equality in California and eventually nationwide.
Walter served as Assistant Attorney General and head of the Office of Legal Counsel (OLC) from 1993 to 1996. He was acting Solicitor General for the 1996-97 Term of the US Supreme Court. During that time, Walter argued nine cases before the Court, the most by any Solicitor General in more than 20 years. His arguments included cases dealing with physician-assisted suicide, the line item veto, the cable television act, the Brady Act, the Religious Freedom Restoration Act, and the constitutionality of remedial services for parochial school children.
Walter has served as Special Counsel to the Board of Directors of the New York Stock Exchange in connection with the NYSE’s transformation into a publicly held company and its acquisition of an electronic trading company.
After serving in early 1993 in the White House as an advisor to the President on constitutional issues, Walter was nominated by the President to be Assistant Attorney General. He was confirmed by the Senate in October 1993 and served for three years. As head of the OLC, Walter issued opinions on a wide variety of issues, including: the President's authority to deploy United States forces in Haiti and Bosnia; whether the trade agreements required treaty ratification; and a major review of separation of powers questions. He provided extensive legal advice on questions arising out of the shutdown of the federal government, on national debt ceiling issues, and on loan guarantees for Mexico.
Walter has published articles on constitutional issues for scholarly journals including the Harvard Law Review, the Yale Law Journal, and the Duke Law Journal, and has written for the New York Times, the Washington Post, Newsweek, the New Republic, and the London Times. He has been a visiting professor at the Catholic University of Belgium and has given lectures to university faculties in Florence, Siena, Nuremberg, Copenhagen, Leiden, Utrecht, Tilburg, Mexico, and Rio de Janeiro, and has delivered major lectures at Stanford, Yale, Harvard, Michigan, Berkeley, Penn, Duke, Chicago, and other US law schools. He has testified more than 25 times before committees of Congress.
In private practice, Walter’s arguments before the United States Supreme Court have included Exxon Shipping Co. v. Baker, Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County, Alabama v. North Carolina, Hosanna-Tabor v. EEOC, Heller v. District of Columbia, Jackson v. Birmingham School District, Brown v. Legal Foundation of Washington, US Airways v. Barnett, Utah v. Evans, Hunt v. Cromartie, and Hunt v. Easley. His most notable Court of Appeals and state supreme court arguments include Martha Stewart v. United States, Whiteside v. United States, and Exxon v. Alabama, LCI v. Phillips.
Partner, Millbank LLP
Mr. Katyal, the former Acting Solicitor General of the United States, focuses on appellate and complex litigation. He has argued 54 cases before the Supreme Court of the United States.
He has extensive experience in matters of antitrust, corporate, constitutional, securities, technology, criminal, patent, copyright, trademark, ERISA, products liability, labor, employment and tribal law. In the 2022-23 Supreme Court term, he argued five separate cases (nearly 10% of the docket), including winning the landmark voting case Moore v. Harper, which Judge Michael Luttig described as “the most important case for American democracy in the almost two and a half centuries since America’s founding.” Judge Luttig also said Mr. Katyal’s argument “was the single best oral argument I have ever heard made in the Supreme Court of the United States.” His cases include successfully striking down the Guantanamo military tribunals, successfully defending the constitutionality of the Voting Rights Act and successfully defending the Peace Cross in Maryland. His 2017 win in Bristol Myers Squibb v. Superior Court was a landmark victory for personal jurisdiction law and his 2006 win in Hamdan v. Rumsfeld was described by former Acting Solicitor General Walter Dellinger as “simply the most important decision on presidential power and the rule of law ever. Ever.”
From 2010 to 2011, Mr. Katyal served as Acting Solicitor General of the United States, where he argued several major Supreme Court cases involving a variety of issues, such as his successful defense of the constitutionality of the Voting Rights Act of 1965, his victorious defense of former Attorney General John Ashcroft for alleged abuses in the war on terror, his unanimous victory against eight states who sued the nation's leading power plants for contributing to global warming, and a variety of other matters. As Acting Solicitor General, he was responsible for representing the federal government of the United States in all appellate matters before the US Supreme Court and the Courts of Appeals throughout the nation. He served as Counsel of Record hundreds of times in the US Supreme Court. He was also the only head of the Solicitor General's office to argue a case in the US Court of Appeals for the Federal Circuit, on the important question of whether certain aspects of the human genome were patentable.
After graduating from Yale Law School, Mr. Katyal clerked for The Honorable Guido Calabresi of the US Court of Appeals for the Second Circuit as well as for The Honorable Justice Stephen G. Breyer of the US Supreme Court. He also served in the Deputy Attorney General's Office at the Justice Department as National Security Advisor and as Special Assistant to the Deputy Attorney General during 1998-1999.
Mr. Katyal is a best-selling New York Times author and has published dozens of scholarly articles in law journals (including several in the Harvard Law Review and Yale Law Journal), as well as many op-ed articles in publications such as the New York Times and the Washington Post. He has testified numerous times before various committees of both the US House of Representatives and the US Senate.
Freelance Journalist and Author
Stuart Taylor, Jr. is a Washington writer focusing on legal and policy issues and a National Journal contributing editor. He occasionally practices law.
Taylor has coauthored three books. All have been acclaimed by commentators across the ideological spectrum. In January 2017, KC Johnson and Taylor authored The Campus Rape Frenzy: The Attack on Due Process at America's Universities. In 2012, Richard Sander and Taylor authored Mismatch: How Affirmative Action Hurts Students It's Intended to Help, and Why Universities Won't Admit It. In 2007, Taylor and Johnson authored Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Fraud. Sander and Taylor have also filed amicus briefs in Supreme Court cases involving admissions preferences.
Since 1980, Taylor has done reporting and commentary about issues ranging from the biggest Supreme Court cases to race, voting rights, mindlessly excessive criminal penalties, guilt-presuming campus rape processes, journalistic bias, the death penalty, war powers, gerrymandering, guns, polarization, civil liberties, national security, torture, campaign finance, education, impeachment, and other issues. He has often been called one of the nation's best legal journalists and is known for challenging both liberal and conservative conventional wisdom.
Taylor was a reporter for The New York Times from 1980-1988, covering legal affairs and then the Supreme Court. He wrote commentaries and long features for The American Lawyer, Legal Times and their affiliates from 1989-1997, and for National Journal and Newsweek from 1998 through 2010. He has written (less often) on a freelance basis for numerous publications since 2010. He has written op-eds for The Washington Post, The New York Times, The Wall Street Journal, The Los Angeles Times, USA Today, and The New York Daily News and longer commentaries for RealClearPolitics, The Atlantic, The New Republic, the (late) Weekly Standard, National Review, Slate, The Daily Beast, Harper’s, Reader’s Digest, Time and other magazines. He has been interviewed on all major television and radio networks. He taught “Law and the News Media” at Stanford Law School in 2011 and 2012 and practices law on occasion.
Taylor graduated from Princeton University in 1970 with an A.B. in History. After working as a reporter for the Baltimore Evening Sun and Sun from 1971-1974, he moved to Harvard Law School, was a Harvard Law Review note editor, and graduated in 1977 at the top of his class, with high honors. He also won a Frederick Sheldon Traveling Fellowship and traveled around the world in 1977-1978 while studying freedom of the press in the United Kingdom and Kenya.
Taylor practiced law with Wilmer, Cutler & Pickering, in Washington, D.C., from 1977-1980 before returning to journalism in 1980 by joining the Washington Bureau of The New York Times.
Taylor's journalism honors include the 2009 Northern California Innocence Project Media Award for his work on the Duke lacrosse rape fraud; a 2002 National Headliner Award for best special magazine column on one subject; and a share of The American Lawyer’s National Magazine Award for a March 1990 special issue on the drug war. He was a National Magazine Award finalist in 1993 and 1997 and was nominated by The New York Times for a Pulitzer Prize in 1988.
Partner, Jones Day
Kevin Marshall provides clients analysis, strategy, and advocacy involving novel or complex legal issues, particularly in white collar and other compliance matters and in civil litigation arising out of criminal matters or alleged fraud. This includes appeals, dispositive and other critical motions, and prelitigation analyses.
Kevin oversaw trial and appellate briefing, and argued on appeal, in the successful defense of lawsuits arising out of the wiretapping prosecution of a private investigator who had served Jones Day's clients. He also has overseen briefing of, and successfully argued, motions for R.J. Reynolds in connection with arbitration under the Federal Arbitration Act, and the partial settlement, of billion dollar disputes with states under the Master Settlement Agreement. His assistance with investigations and related litigation has included the Foreign Corrupt Practices Act, false claims acts, RICO, civil and criminal fraud, reckless manslaughter, and the intersection of products liability and bankruptcy. Kevin was part of the team representing the National Federation of Independent Business in challenging the constitutionality of the Patient Protection and Affordable Care Act before the Eleventh Circuit and U.S. Supreme Court. He also has advised on and briefed issues under the Consumer Product Safety Improvement Act (CPSIA).
Before joining Jones Day, Kevin was a deputy assistant attorney general in the U.S. Department of Justice's Office of Legal Counsel. He provided authoritative written legal opinions and other legal advice, throughout the executive branch, on the Constitution, treaties, international law including the law of war, and federal statutes and regulations. He also testified three times before Congress.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
U.S. Court of Appeals, Ninth Circuit
Sandra Segal Ikuta was confirmed as a judge of the U.S. Court of Appeals for the Ninth Circuit on June 19, 2006. She filled a judgeship vacant since September 1, 2000, when Chief Judge Emeritus James R. Browning took senior status.
Before becoming a U.S. Circuit Judge, California Gov. Arnold Schwarzenegger appointed her to be deputy secretary and general counsel of the California Resources Agency in January 2004.
Prior to her political appointment, Judge Ikuta was a partner at the Los Angeles office of O'Melveny & Myers LLP. She joined the law firm in 1990 as an associate and became a partner in 1997. She specialized in environmental and natural resources law and co-chaired the firm's environmental practice group. She previously served as a law clerk for U.S. Supreme Court Justice Sandra Day O'Connor, 1989-90, and Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit, 1988-89.
Prior to her legal career, Judge Ikuta took an unorthodox career path, which included serving as the first female editor-in-chief of a national martial arts magazine.
She received her J.D. from the University of California at Los Angeles School of Law and a Master of Science from Columbia University School of Journalism. She earned her undergraduate degree from the University of California at Berkeley in 1976.
In addition to her duties as an active U.S. Circuit Judge, Judge Ikuta was an appointed member of the Judicial Conference of the U.S. Advisory Committee on Bankruptcy Rules.
Kenneth and Harle Montgomery Professor of Public Interest Law and Co-Director, Supreme Court Litigation Clinic, Stanford Law School
A productive scholar and an award-winning teacher, Pamela S. Karlan is co-director of the school’s Supreme Court Litigation Clinic, where students litigate live cases before the Court. One of the nation’s leading experts on voting and the political process, she has served as a commissioner on the California Fair Political Practices Commission, an assistant counsel and cooperating attorney for the NAACP Legal Defense Fund, and a Deputy Assistant Attorney General in the Civil Rights Division of the U.S. Department of Justice (where she received the Attorney General’s Award for Exceptional Service – the department’s highest award for employee performance – as part of the team responsible for implementing the Supreme Court’s decision in United States v. Windsor). Professor Karlan is the co-author of leading casebooks on constitutional law, constitutional litigation, and the law of democracy, as well as numerous scholarly articles.
Before joining the Stanford Law School faculty in 1998, she was a professor of law at the University of Virginia School of Law and served as a law clerk to Justice Harry A. Blackmun of the U.S. Supreme Court and Judge Abraham D. Sofaer of the U.S. District Court for the Southern District of New York. Karlan is a member of the American Academy of Arts and Sciences, the American Academy of Appellate Lawyers, and the American Law Institute.
A Post Argument Panel Discussion of the ACA Cases
Georgetown Student Chapter
Obamacare Daily Oral Argument Briefing - Wednesday
Obamacare Daily Oral Argument Briefing - Tuesday
Obamacare Daily Oral Argument Briefing - Tuesday - Podcast
Randy E. Barnett, Dean Reuter
To listen, please right click on the audio file you wish to hear and then...
Obamacare Daily Oral Argument Briefing - Monday
Obamacare Daily Oral Argument Briefing - Monday - Podcast
Randy E. Barnett, Dean Reuter
To listen, please right click on the audio file you wish to hear and then...
Obamacare in the Supreme Court
Randy E. Barnett, Walter E. Dellinger, Neal K. Katyal, Stuart S. Taylor, C. Kevin Marshall
The U.S. Supreme Court is now ready to hear oral argument in one of the...
Obamacare in the Supreme Court
Randy E. Barnett, Walter E. Dellinger, Neal K. Katyal, Stuart S. Taylor, C. Kevin Marshall
The U.S. Supreme Court is now ready to hear oral argument in one of the...
Obamacare in the Supreme Court
Federalism & Separation of Powers Practice Group
Washington, DCDebate: The Constitutionality of the Affordable Care Act
Randy E. Barnett, Sandra Segal Ikuta, Pamela S. Karlan, Michael Reynolds
This debate will focus on the constitutionality of the Affordable Care Act. While specific attention...