Chief Judge, United States Court of Appeals, Fifth Circuit
Jennifer Walker Elrod is the Chief Judge of the United States Court of Appeals for the Fifth Circuit. She was nominated to the Fifth Circuit in 2007, and she served as a Circuit Judge on the court until assuming the role of Chief Judge in October 2024. Prior to serving as a Circuit Judge, Chief Judge Elrod was appointed and then twice elected Judge of the 190th District Court of Harris County, Texas, where she spent over five years presiding over more than 200 jury and non-jury trials.
Chief Judge Elrod graduated cum laude from Harvard Law School, where she was an active member of the Harvard Federalist Society, an Ames Moot Court finalist, and a Senior Editor of the Harvard Journal of Law & Public Policy. She clerked for the Honorable Sim Lake in the Southern District of Texas. Before serving as a judge, Chief Judge Elrod worked in private practice, focusing on civil litigation, antitrust, and employment matters.
She has been repeatedly recognized for her work as a jurist, as well as for her pro bono work and contributions to the community. She has been named the 2022 Texas Review of Law & Politics’ Jurist of the Year, the 2018 Harvard Federalist Society’s Alumni of the Year, the 2016–17 Texas Association of Civil Trial and Appellate Specialists’ Appellate Judge of the Year, and the 2008 Mexican-American Bar Association of Texas’s Judge of the Year.
Chief Judge Elrod is actively engaged in the academic and legal communities. Chief Judge Elrod currently serves on the Board of Directors and as the Jurist-in-Residence at the South Texas College of Law, where she teaches civil procedure and First Amendment law. She is also a member of the American Law Institute and of the Board of Advisors for the Harvard Journal of Law & Public Policy, and she is a former member of the Board of Regents of her alma mater, Baylor University, and the Board of Visitors at Brigham Young University Law School. She previously served as the Chair of the Codes of Conduct Committee for the Judicial Conference of the United States. She has also served as the M.D. Anderson Visiting Public Service Professor at the Texas Tech University School of Law and as Jurist-in-Residence at Brigham Young University Law School, and she has taught legal writing at the University of Houston Law Center. She presented the Lewis F. Powell, Jr. Distinguished Lecture at the Washington and Lee University School of Law and is a frequent speaker on the topics of trial and appellate procedure, ethics, employment law, and constitutional law. Chief Judge Elrod also serves on the board of the Garland R. Walker Inn of Court, and co-produces an annual musical CLE, for which her pupilage group has won multiple national awards.
Chief Judge Elrod’s publications include: Trial by Siri: AI Comes to the Courtroom; Don’t Mess with Texas Judges: In Praise of the State Judiciary; For Good: Enriching Your Practice and Your Life Through Pro Bono and Community Service; Is the Jury Still Out?: A Case for the Continued Viability of the American Jury; and W(h)ither the Jury? The Diminishing Role of the Jury Trial in our Legal System.
Senior Attorney, Institute for Justice
Rob Johnson is a senior attorney at the Institute for Justice, where he litigates to protect private property, free speech, and other individual rights. Rob is a nationally-recognized expert on civil forfeiture. He previously represented a series of small business owners who had their entire bank accounts seized by the IRS, and he launched an initiative that resulted in the IRS reopening hundreds of closed forfeiture cases and returning millions of dollars. He has also litigated cases challenging the constitutionality of civil forfeiture procedures, and he scored a victory striking down a forfeiture program as a violation of due process.
Beyond civil forfeiture, Rob has litigated cases defending a range of constitutional rights. He was part of teams that successfully challenged occupational licensing requirements for tour guides in Savannah and Charleston. He also developed a class action lawsuit fighting the NYPD’s use of a draconian “no-fault eviction” statute to coerce residents to waive their constitutional rights, which led New York City to reform the challenged law.
Rob’s writing has been published in the Wall Street Journal, Washington Post, Politico, and Reason, among other venues. Rob has testified about occupational licensing before the House and Senate Judiciary Committees and has twice testified about civil forfeiture before the House Ways & Means Oversight Subcommittee. He has also testified before state legislatures across the country.
From 2014-2017, Rob served as IJ’s first Elfie Gallun Fellow for Freedom and the Constitution. In that role, Rob wrote and spoke about the vital role the U.S. Constitution plays in protecting our most precious freedoms. He is currently at work on a book about the Fourteenth Amendment.
Rob studied literature and anthropology at Columbia University, and he studied law at Harvard Law School. Upon graduation, he clerked for Chief Judge Alex Kozinski on the Ninth Circuit and for Justice Anthony Kennedy on the Supreme Court.
Rob lives in Cleveland with his wife and two daughters—all named after characters in Shakespeare plays—and is an amateur large format photographer.
Donald Phillip Rothschild Research Professor, George Washington University Law School
Renée Lettow Lerner is Donald Phillip Rothschild Research Professor of Law at George Washington University Law School.
Professor Lerner works in the fields of U.S. and English legal history, civil and criminal procedure, and comparative law. She advises judges, lawyers, and government officials from the United States and countries in Europe, Latin America, and Asia about the differences between adversarial and nonadversarial legal systems.
She writes extensively about the history of American juries. Her work includes not only scholarly articles, but also online publications intended for a broader audience of legal professionals and the public. In many different settings, she has debated the role of juries with other academics and with lawyers. She has a book forthcoming with Oxford University Press in the Very Short Introduction Series entitled “The Jury.” She is also working on a book about the American civil jury, from the colonial period to the present.
She is the author, with John Langbein and Bruce Smith, of the book History of the Common Law: The Development of Anglo-American Legal Institutions (2009).
Her recent writings include a book review of Amalia D. Kessler’s Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877, 67 J. Legal Ed. 888 (2018); “How the Creation of Appellate Courts in England and the United States Limited Judicial Comment on Evidence to the Jury,” 40 Journal of the Legal Profession 215 (2016); “The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury,” in Magna Carta and its Modern Legacy 77-98 (Robert Hazell and James Melton eds., Cambridge University Press 2015); and “The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial,” 22 William & Mary Bill of Rights Journal 811 (2014).
Professor Lerner received an A.B. summa cum laude in history from Princeton University. She was a Rhodes Scholar at Oxford University, where she studied English legal history. At Yale Law School, she was Articles Editor of the Yale Law Journal. She served as a law clerk to Justice Anthony M. Kennedy of the U.S. Supreme Court and to Judge Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit. From 2003 to 2005, she served as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice.
Professor of Law, University of Michigan Law School
Christopher J. Walker is a Professor of Law at the University of Michigan. Prior to joining Michigan law faculty in 2022, he spent a decade teaching at The Ohio State University Moritz College of Law. He previously clerked for Justice Anthony Kennedy of the U.S. Supreme Court, worked on the Civil Appellate Staff at the U.S. Department of Justice, and served on the Senate Judiciary Committee staff for the Gorsuch Supreme Court confirmation. Professor Walker’s research focuses on administrative law, regulation, and law and policy at the agency level. Outside the law school, he chaired the American Bar Association’s Section of Administrative Law and Regulatory Practice in 2020-21 and served as one of forty Public Members of the Administrative Conference of the United States from 2016-2022, and he continues to serve in both organizations in various capacities. He also works of counsel at the U.S. Chamber Litigation Center. In 2022, he received the Federalist Society’s Joseph Story Award.
Professor of Law, Emeritus, Washington and Lee University School of Law
David Bruck directed Washington and Lee's death penalty defense clinic, the Virginia Capital Case Clearinghouse, from 2004 to 2020. Prior to coming to W&L, Bruck practiced criminal law in South Carolina for 28 years, and specialized in the defense of capital cases at the trial, appellate and post-conviction stages. Over the course of his career, he has served as Richland County (Columbia, S.C.) Public Defender, as Chief Attorney of the South Carolina Office of Appellate Defense, and since 1992 as Federal Death Penalty Resource Counsel to the federal defender system nationwide.
Bruck has argued seven death penalty cases in the United States Supreme Court, including Skipper v. South Carolina, 476 U.S. 1 (1986), and Simmons v. South Carolina, 512 U.S. 154 (1994), and over 70 capital appeals in state and lower federal courts. He has represented capital defendants at trial in more than 20 cases, including State v. Susan Smith (1995), in which he and co-counsel Judy Clarke obtained a life sentence after their client was convicted of drowning her two small children.
Bruck has testified before U.S. Congressional committees on death penalty-related legislation on nine occasions, has presented CLE trainings and federal judicial workshops on capital litigation in more than thirty states and U.S. territories, and since 2005 has served as Chair of the National Consortium for Capital Defense Training. In 1996 the ABA Section of Litigation selected Bruck to receive the John Minor Wisdom Public Service & Professionalism Award, and in 2001 he received the Significant Contributions to Criminal Justice Award from the California Attorneys for Criminal Justice.
Retired Assistant United States Attorney
Steve Mellin is a recently retired federal prosecutor. He worked for the Department of Justice for over 30 years in offices all over the United States. His career focused on prosecuting violent criminals, including terrorism and death penalty homicide cases. While working in Alexandria, Virginia, Mr. Mellin was involved in the 9-11 terrorism investigations and prosecutions. While at Main Justice, he worked on numerous death penalty cases across the US, culminated his terrorism work with the successful prosecution of the Boston Marathon bomber.
Steve is a graduate of the University of Texas and George Mason University School of Law.
Partner, Ashcroft Law Firm
With more than 20 years government experience, Johnny Sutton has acquired expertise as a front-line trial prosecutor and a top policy advisor to a Governor and a President. Mr. Sutton runs the Austin office of the Ashcroft Law Firm which specializes in internal investigations, white-collar criminal defense and helping companies comply with federal law.
From November 2001 to April 2009, Sutton led one of the largest and busiest United States Attorney’s Offices in the nation. The Western District of Texas covers 93,000 square miles, 68 counties and 660 miles of U.S.-Mexico border. As U.S. Attorney, Mr. Sutton managed more than 300 employees, a $28 million annual budget and directed 43,000 federal prosecutions and thousands of civil cases. Under Mr. Sutton’s leadership, the office led the nation in drug convictions, was second in illegal alien prosecutions, won more than 105 public corruption convictions and sent nearly 400 violent criminal gang members to prison.
In 2003, then-United States Attorney General John Ashcroft appointed Mr. Sutton to the Attorney General’s Advisory Committee—a panel of 17 U.S. Attorneys that advise the General and help carry out the President’s national goals. Sutton served from 2003 until 2009 and was chairman for nearly two years.
After leading the Bush-Cheney Department of Justice Transition Team in 2000, Mr. Sutton was named Associate Deputy Attorney General. He held the position until becoming U.S. Attorney.
From 1995 to 2000, Mr. Sutton served as the Criminal Justice Policy Director for then-Governor George W. Bush. Mr. Sutton was the chief policy advisor to the Governor on all criminal justice issues.
From 1988 to 1995, Mr. Sutton was a prosecutor in the Harris County District Attorney’s Office (Houston, TX) where he tried more than 60 first chair felony jury trials and had only three acquittals. He also successfully tried 17 murder jury trials, including seven for capital murder.
Mr. Sutton attended the University of Texas at Austin on a baseball scholarship where he was a two year lettermen and the starting left fielder for the 1983 University of Texas National Championship baseball team. Mr. Sutton was voted the Most Valuable Player of the NCAA Central Regional Baseball Tournament in 1983. Mr. Sutton is fluent in Spanish and conversant in Portuguese.
Mr. Sutton has dedicated his career to defending the innocent and standing up for the rule of law.
Member, Ifrah Law
After 27 years as a prosecutor, James (“Jim”) Trusty brings to Ifrah Law extensive experience in complex, multi-district white collar litigation, especially in matters involving RICO, The Computer Fraud and Abuse Act, and The Money Laundering Control Act of 1986.
Jim has represented a wide variety of individuals and corporations in the white-collar space. He regularly represents professional athletes, both criminally and civilly, and during 2022 and 2023 he represented President Trump during pre-indictment litigation relating to the Mar-a-Lago and January 6 cases.
Prior to joining Ifrah Law, Jim had a long career in public service, most recently as Chief of the Organized Crime Section at the United States Department of Justice. For seven years, Jim was ultimately responsible for investigating and prosecuting regional, national, and international cases, supervising significant pleadings, and providing strategic and tactical guidance in investigations and multi-defendant trials. In addition to running the RICO Review Unit, which reviewed and approved all criminal RICO cases brought by federal prosecutors, he also was in charge of establishing and promoting policies focused on immigration reform, firearms trafficking, proposed Congressional testimony for DOJ officials, and internet gambling. Significant and sensitive matters on which he worked include the post-conviction review of the Alaska corruption case related to U.S. v. Theodore Stevens and the investigation into allegations of misconduct by a sitting U.S. Attorney and one of her subordinates.
Prior to his work at DOJ, Jim acted as Assistant U.S. Attorney in Greenbelt, Maryland, where he investigated and prosecuted a wide variety of white-collar and other criminal cases, including The Washington area Sniper investigation. He also prosecuted three death penalty cases and was a member of the Attorney General’s Capital Review Committee, responsible for assessing capital-eligible cases such as the Boston Marathon Bomber and the Charleston Church massacre.
In 2018, Jim was appointed by the Governor of Maryland to serve on The Task Force to Study Maryland’s Criminal Gang Statutes. The Task Force assessed the efficacy of existing state laws as they apply to gang-related criminal activity in the state and presented its findings and recommendations to the Governor.
Attorney, Center for American Future
Christian Townsend is an attorney with the Center for the American Future. Prior to joining the Foundation, Christian was a legal associate with the Cato Institute’s Robert A. Levy Center for Constitutional Studies.
During law school, Christian interned in Washington, DC at the New Civil Liberties Alliance and the Cato Institute and in Cambodia at the law offices of Tilleke & Gibbins.
Christian received his JD from Indiana University Maurer School of Law, where he was the President of IU’s chapter of the Federalist Society and Executive Online Editor of the Indiana Law Journal. Christian attended undergrad at Cedarville University where he received BAs in political science and history. He is licensed to practice law in Texas and Maryland.
State District Judge, Austin, Texas
Cory Liu is a state district judge in Austin, Texas. He previously served as assistant general counsel to Texas Governor Greg Abbott. Mr. Liu clerked for Judge Andrew Oldham on the U.S. Court of Appeals for the Fifth Circuit and Judge Danny Boggs on the U.S. Court of Appeals for the Sixth Circuit. He was Editor-in-Chief of the Harvard Journal of Law & Public Policy and is a graduate of Harvard Law School and the University of Chicago.
State District Judge, Austin, Texas
Cory Liu is a state district judge in Austin, Texas. He previously served as assistant general counsel to Texas Governor Greg Abbott. Mr. Liu clerked for Judge Andrew Oldham on the U.S. Court of Appeals for the Fifth Circuit and Judge Danny Boggs on the U.S. Court of Appeals for the Sixth Circuit. He was Editor-in-Chief of the Harvard Journal of Law & Public Policy and is a graduate of Harvard Law School and the University of Chicago.
Alston & Bird Professor of Law, Duke University School of Law
Professor Young teaches constitutional law, federal courts, and foreign relations law. He is one of the nation's leading authorities on the constitutional law of federalism, having written extensively on the Rehnquist Court's "Federalist Revival" and the difficulties confronting courts as they seek to draw lines between national and state authority. He also is an active commentator on foreign relations law, where he focuses on the interaction between domestic and supranational courts and the application of international law by domestic courts. Professor Young also writes on constitutional interpretation and constitutional theory. He has been known to dabble in maritime law and comparative constitutional law.
A native of Abilene, Texas, Professor Young joined the Duke Law faculty in 2008, after serving as the Charles Alan Wright Chair in Federal Courts at the University of Texas at Austin School of Law, where he had taught since 1999. He graduated from Dartmouth College in 1990 and Harvard Law School in 1993. After law school, he served as a law clerk to Judge Michael Boudin of the 1st U.S. Circuit Court of Appeals (1993-94) and to Justice David Souter of the U.S. Supreme Court (1995-96). Professor Young practiced law at Cohan, Simpson, Cowlishaw, & Wulff in Dallas, Texas (1994-95) and at Covington & Burling in Washington, D.C. (1996-98), where he specialized in appellate litigation. He has also been a visiting professor at Harvard Law School (2004-05) and Villanova University School of Law (1998-99), as well as an adjunct professor at Georgetown University Law Center (1997).
Elected to the American Law Institute in 2006, Professor Young is an active participant in both public and private litigation in his areas of interest. He has been the principal author of amicus briefs on behalf of leading constitutional scholars in several recent Supreme Court cases, including Medellin v. Texas(concerning presidential power and the authority of the International Court of Justice over domestic courts) and Gonzales v. Raich (concerning federal power to regulate medical marijuana).
Justice, Texas Supreme Court
Evan Young is a Justice of the Supreme Court of Texas. Governor Greg Abbott, who appointed Young to fill an unexpired term, swore him into office on November 10, 2021. Justice Young was elected to a full term in November 2022.
Young graduated summa cum laude from Duke University in 1999, where he was inducted into Phi Beta Kappa. He was a British Marshall Scholar at Oxford University, where he completed his studies in 2001 and earned a First Class Honours degree in Modern History, focusing on British constitutional history. He earned his law degree from Yale Law School in 2004.
Young then worked as a lawyer in the judicial and executive branches of the federal government. He first served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit, and then to Justice Antonin Scalia at the U.S. Supreme Court. In 2006, after his clerkship with Justice Scalia ended, Justice Young became Counsel to the Attorney General at the U.S. Department of Justice, serving in the Office of the Attorney General under Attorneys General Alberto R. Gonzales and Michael B. Mukasey. While on the Attorney General’s staff, he accepted a detail to the U.S. Embassy in Baghdad, Iraq, where he was the Deputy Rule of Law Coordinator. In that position he worked to assist the Iraqi government in its efforts to strengthen its legal regime, including, for example, its courts and prison system.
Young returned to Texas and joined the Austin office of Baker Botts L.L.P. in 2009. His practice focused on trial and appellate litigation. He argued cases before both the Supreme Court of the United States and the Supreme Court of Texas, as well as many federal and state appellate courts. He represented clients across the country before every level of the state and federal judiciary.
Before joining the Texas Supreme Court, Young was appointed in 2017 by Governor Abbott and confirmed by the Texas Senate to serve as a member of the Texas Judicial Council, which is the policy-making body for the Texas Judiciary. In 2015, the Texas Supreme Court appointed him to the Supreme Court Advisory Committee, which assists the Court in drafting the rules that govern litigation in Texas courts. He served on both until his elevation to the bench.
Justice Young is an elected member of the American Law Institute and a member of the Texas Philosophical Society. He has been an adjunct law professor for many years at the University of Texas School of Law, where he has frequently taught the Federal Courts and Religious Liberty courses. He also has been an adjunct professor at the Unversity of Austin (UATX) and at the University of Mississippi School of Law. He served as Chair of the State Bar of Texas Business Law Section, Chair of the National Center for Missing and Exploited Children's Texas Regional Office, and Trustee of the Texas Supreme Court Historical Society.
Justice Young and his wife, Tobi, live in Austin with their daughter.
Chief Judge, United States Court of Appeals, Fifth Circuit
Jennifer Walker Elrod is the Chief Judge of the United States Court of Appeals for the Fifth Circuit. She was nominated to the Fifth Circuit in 2007, and she served as a Circuit Judge on the court until assuming the role of Chief Judge in October 2024. Prior to serving as a Circuit Judge, Chief Judge Elrod was appointed and then twice elected Judge of the 190th District Court of Harris County, Texas, where she spent over five years presiding over more than 200 jury and non-jury trials.
Chief Judge Elrod graduated cum laude from Harvard Law School, where she was an active member of the Harvard Federalist Society, an Ames Moot Court finalist, and a Senior Editor of the Harvard Journal of Law & Public Policy. She clerked for the Honorable Sim Lake in the Southern District of Texas. Before serving as a judge, Chief Judge Elrod worked in private practice, focusing on civil litigation, antitrust, and employment matters.
She has been repeatedly recognized for her work as a jurist, as well as for her pro bono work and contributions to the community. She has been named the 2022 Texas Review of Law & Politics’ Jurist of the Year, the 2018 Harvard Federalist Society’s Alumni of the Year, the 2016–17 Texas Association of Civil Trial and Appellate Specialists’ Appellate Judge of the Year, and the 2008 Mexican-American Bar Association of Texas’s Judge of the Year.
Chief Judge Elrod is actively engaged in the academic and legal communities. Chief Judge Elrod currently serves on the Board of Directors and as the Jurist-in-Residence at the South Texas College of Law, where she teaches civil procedure and First Amendment law. She is also a member of the American Law Institute and of the Board of Advisors for the Harvard Journal of Law & Public Policy, and she is a former member of the Board of Regents of her alma mater, Baylor University, and the Board of Visitors at Brigham Young University Law School. She previously served as the Chair of the Codes of Conduct Committee for the Judicial Conference of the United States. She has also served as the M.D. Anderson Visiting Public Service Professor at the Texas Tech University School of Law and as Jurist-in-Residence at Brigham Young University Law School, and she has taught legal writing at the University of Houston Law Center. She presented the Lewis F. Powell, Jr. Distinguished Lecture at the Washington and Lee University School of Law and is a frequent speaker on the topics of trial and appellate procedure, ethics, employment law, and constitutional law. Chief Judge Elrod also serves on the board of the Garland R. Walker Inn of Court, and co-produces an annual musical CLE, for which her pupilage group has won multiple national awards.
Chief Judge Elrod’s publications include: Trial by Siri: AI Comes to the Courtroom; Don’t Mess with Texas Judges: In Praise of the State Judiciary; For Good: Enriching Your Practice and Your Life Through Pro Bono and Community Service; Is the Jury Still Out?: A Case for the Continued Viability of the American Jury; and W(h)ither the Jury? The Diminishing Role of the Jury Trial in our Legal System.
Trial by Jury or Administrative Adjudication: What Would the Founders Say?
Jennifer Walker Elrod, Robert E. Johnson, Renée Lettow Lerner, Christopher J. Walker
In this Federalist Society America 250 series, experts analyze modern legal and policy debates through...
Emerging Issues in Federal Death Penalty Litigation
David Bruck, Steve Mellin, Johnny Sutton, James Trusty
Recent federal prosecutions have renewed attention on the administration and future of the federal death...
Topics
Keeping Cops Accountable: Supreme Court Issues Decision in Barnes v. Felix
For far too long, the idea that state actors who violate our rights should be...
Supreme Court of Texas Holds Governor Can Preempt Local Mask Orders
Christian Townsend
The Covid-19 pandemic produced many interesting and important constitutional questions. From vaccine mandates[1] to student...
State Court Docket Watch: Texas v. Hollins
Cory R. Liu
In Texas v. Hollins, the Supreme Court of Texas unanimously enjoined the Harris County Clerk...
State Court Docket Watch: In Re State of Texas
Cory R. Liu
In In re State of Texas, the Texas Supreme Court held that a voter’s lack...
The Role of Courts in a Pandemic
Austin Lawyers Chapter - Online Event
The Courts' Role at the Apex of State Power: Public Health Restrictions in the Time of Pandemics
Houston Lawyers Chapter
Houston, TXUnited States Supreme Court Term in Review
Four Years in the Least Dangerous Branch