Harry Kalven, Jr. Professor of Law & Faculty Director, Constitutional Law Institute, University of Chicago Law School
William Baude is a Professor of Law and the Faculty Director of the Constitutional Law Institute at the University of Chicago Law School, where he teaches federal courts, constitutional law, and conflict of laws. His current research interests include different aspects of the Fourteenth Amendment (particularly both Section One and Section Three) and the nature of judicial discretion.
Among his other activities Baude is: the co-editor of two textbooks, The Constitution of the United States and Hart & Wechsler's Federal Courts in the Federal System; an Affiliated Scholar at the Center for the Study of Constitutional Originalism; a founding member of the Academic Freedom Alliance; a member of the American Law Institute; an occasional blogger at The Volokh Conspiracy; and a podcaster on Divided Argument. He also recently served on the Presidential Commission on the Supreme Court of the United States.
Professor Baude received his BS in Mathematics from the University of Chicago and his JD from Yale Law School. He then clerked for then-Judge Michael McConnell on the United States Court of Appeals, and Chief Justice John Roberts on the United States Supreme Court. Before joining the Chicago faculty, he was a fellow at the Stanford Constitutional Law Center, and a lawyer in Washington, DC.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Partner, Wiley Rein, LLP
Megan L. Brown is a partner at Wiley Rein LLP. She has significant litigation, appellate and regulatory experience before state and federal courts and agencies.
Ms. Brown helps businesses respond to federal, state and local regulation and investigations raising administrative law, statutory interpretation, and constitutional issues, including the First Amendment.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Knights of Columbus Professor of Law and the Catholic Tradition, The Catholic University of America Columbus School of Law
Kevin C. Walsh teaches and writes in the areas of federal jurisdiction, constitutional law, and the U.S. Supreme Court. His scholarship explores the doctrines that define—and delimit—the scope of federal judicial power.
Professor Walsh graduated from Harvard Law School, where he was Articles Chair for Volume 115 of the Harvard Law Review. After graduation, he clerked for Judge Paul V. Niemeyer of the United States Court of Appeals for the Fourth Circuit and Associate Justice Antonin Scalia of the Supreme Court of the United States. He then practiced law at Hunton & Williams LLP and taught as a visiting assistant professor at Villanova University School of Law. Walsh received his A.B. from Dartmouth College, and an M.A. in Theological Studies from the University of Notre Dame. He taught at the University of Richmond School of Law for thirteen years prior to joining The Catholic University of America, where he currently resides.
In early 2011, Professor Walsh filed two amicus curiae briefs addressing jurisdictional issues in the State challenges to the individual mandate in the federal healthcare reform legislation: a brief in Virginia v. Sebelius (United States Court of Appeals for the Fourth Circuit), and a brief in Florida v. HHS (United States Court of Appeals for the Eleventh Circuit).
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
U.S. Court of Appeals, Sixth Circuit
Danny Julián Boggs is a Judge on the United States Court of Appeals for the Sixth Circuit. He was appointed to a newly created seat on that court on January 29, 1986 by President Ronald Reagan, confirmed by the U.S. Senate on March 3, and received his commission on March 25. He served as the Chief Judge of the Sixth Circuit from 2003 to 2009.
Member, Sturgill, Turner, Barker & Moloney, PLLC
Currently a litigator in private practice, Carmine has served the public as counsel and director for executive and regulatory agencies in Kentucky. Most recently as Chief of Staff and as General Counsel to the Kentucky Attorney General, he provided comprehensive strategic, policy, political, and legal advice and counsel to the Attorney General and the office’s divisions on issues involving complex litigation, government law, ethics, and compliance.
He previously served as Executive Director of the Attorney General’s Office of Civil & Environmental Law, where he oversaw trial litigation throughout the Commonwealth as well as appeals under the Open Meetings and Open Records Acts, and Opinions of the Attorney General. In this role, he was chiefly responsible for defending state statutes challenged as unconstitutional and for the defense of executive and judicial branch officials. While at the Attorney General’s office, he authored an Opinion of the Attorney General which concluded that ESG investment practices are inconsistent with Kentucky law governing public pensions—the first such opinion in the country.
Before joining the Office of the Attorney General, Carmine served as Governor-appointed General Counsel of the Kentucky Public Protection Cabinet, where he was chief counsel to the Cabinet and its 12 agencies charged with regulating horse racing, financial institutions, insurance, alcoholic beverages, construction, professional licensing, and charitable gaming. While at the Cabinet, he litigated throughout state and federal court, including a case defending the Kentucky Horse Racing Commission’s declaration of the winner of the 145th running of the Kentucky Derby.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Of Counsel, Christian Legal Society's Center for Law & Religious Freedom
Kim Colby has worked for Christian Legal Society’s Center for Law and Religious Freedom since graduating from Harvard Law School in 1981. She has represented religious groups in several appellate cases, including two cases heard by the United States Supreme Court. She has filed numerous amicus briefs in federal and state courts. In 1984, she assisted in congressional passage of the Equal Access Act, 20 U.S.C. § 4071, et seq., which protects the right of secondary school students to meet for prayer and Bible study on campus. Ms. Colby has prepared several CLS publications addressing issues about religious expression in public schools, including released time programs, implementation of the Equal Access Act, and teachers’ religious expression.
Ms. Colby graduated summa cum laude from the University of Illinois with a major in American History and a particular interest in slavery in colonial North America.
Partner, Arnold & Porter Kaye Scholer LLP
Rob Weiner has significant experience as a trial lawyer, appellate advocate, and legal strategist in complex litigation. He is skilled in developing creative legal approaches to bring cases to a quick, cheap and successful resolution. Mr. Weiner’s long experience representing business and sovereign clients in litigation, and his three tours of duty as a government lawyer, have honed his ability to deal with the regulatory, tactical, and constitutional issues arising when the federal government is, or may become, a party in litigation. From 2010-2012, Mr. Weiner was Associate Deputy Attorney General at the US Department of Justice, where his principal responsibility was to oversee the defense of the Affordable Care Act. He also handled sensitive negotiations with a foreign government involving bank secrecy, and dealt with or headed-off difficult issues across the range of the Department’s matters. Mr. Weiner also has served as Senior Counsel in the White House Counsel’s Office, and as an Associate Independent Counsel. He began his career as a law clerk for The Honorable Henry J. Friendly and for Justice Thurgood Marshall.
At the firm, Mr. Weiner has litigated major administrative and constitutional cases; served as national coordinating and trial counsel in product liability and toxic tort cases; represented clients in media-intensive Congressional regulatory, criminal, and disciplinary investigations; and was lead counsel for the State of Israel in litigation involving national security policies. In addition, clients frequently seek him out to author briefs in the US Supreme Court and other forums.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
U.S. Court of Appeals, Sixth Circuit
Danny Julián Boggs is a Judge on the United States Court of Appeals for the Sixth Circuit. He was appointed to a newly created seat on that court on January 29, 1986 by President Ronald Reagan, confirmed by the U.S. Senate on March 3, and received his commission on March 25. He served as the Chief Judge of the Sixth Circuit from 2003 to 2009.
Member, Sturgill, Turner, Barker & Moloney, PLLC
Currently a litigator in private practice, Carmine has served the public as counsel and director for executive and regulatory agencies in Kentucky. Most recently as Chief of Staff and as General Counsel to the Kentucky Attorney General, he provided comprehensive strategic, policy, political, and legal advice and counsel to the Attorney General and the office’s divisions on issues involving complex litigation, government law, ethics, and compliance.
He previously served as Executive Director of the Attorney General’s Office of Civil & Environmental Law, where he oversaw trial litigation throughout the Commonwealth as well as appeals under the Open Meetings and Open Records Acts, and Opinions of the Attorney General. In this role, he was chiefly responsible for defending state statutes challenged as unconstitutional and for the defense of executive and judicial branch officials. While at the Attorney General’s office, he authored an Opinion of the Attorney General which concluded that ESG investment practices are inconsistent with Kentucky law governing public pensions—the first such opinion in the country.
Before joining the Office of the Attorney General, Carmine served as Governor-appointed General Counsel of the Kentucky Public Protection Cabinet, where he was chief counsel to the Cabinet and its 12 agencies charged with regulating horse racing, financial institutions, insurance, alcoholic beverages, construction, professional licensing, and charitable gaming. While at the Cabinet, he litigated throughout state and federal court, including a case defending the Kentucky Horse Racing Commission’s declaration of the winner of the 145th running of the Kentucky Derby.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
U.S. Court of Appeals, Sixth Circuit
Danny Julián Boggs is a Judge on the United States Court of Appeals for the Sixth Circuit. He was appointed to a newly created seat on that court on January 29, 1986 by President Ronald Reagan, confirmed by the U.S. Senate on March 3, and received his commission on March 25. He served as the Chief Judge of the Sixth Circuit from 2003 to 2009.
Member, Sturgill, Turner, Barker & Moloney, PLLC
Currently a litigator in private practice, Carmine has served the public as counsel and director for executive and regulatory agencies in Kentucky. Most recently as Chief of Staff and as General Counsel to the Kentucky Attorney General, he provided comprehensive strategic, policy, political, and legal advice and counsel to the Attorney General and the office’s divisions on issues involving complex litigation, government law, ethics, and compliance.
He previously served as Executive Director of the Attorney General’s Office of Civil & Environmental Law, where he oversaw trial litigation throughout the Commonwealth as well as appeals under the Open Meetings and Open Records Acts, and Opinions of the Attorney General. In this role, he was chiefly responsible for defending state statutes challenged as unconstitutional and for the defense of executive and judicial branch officials. While at the Attorney General’s office, he authored an Opinion of the Attorney General which concluded that ESG investment practices are inconsistent with Kentucky law governing public pensions—the first such opinion in the country.
Before joining the Office of the Attorney General, Carmine served as Governor-appointed General Counsel of the Kentucky Public Protection Cabinet, where he was chief counsel to the Cabinet and its 12 agencies charged with regulating horse racing, financial institutions, insurance, alcoholic beverages, construction, professional licensing, and charitable gaming. While at the Cabinet, he litigated throughout state and federal court, including a case defending the Kentucky Horse Racing Commission’s declaration of the winner of the 145th running of the Kentucky Derby.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Of Counsel, Christian Legal Society's Center for Law & Religious Freedom
Kim Colby has worked for Christian Legal Society’s Center for Law and Religious Freedom since graduating from Harvard Law School in 1981. She has represented religious groups in several appellate cases, including two cases heard by the United States Supreme Court. She has filed numerous amicus briefs in federal and state courts. In 1984, she assisted in congressional passage of the Equal Access Act, 20 U.S.C. § 4071, et seq., which protects the right of secondary school students to meet for prayer and Bible study on campus. Ms. Colby has prepared several CLS publications addressing issues about religious expression in public schools, including released time programs, implementation of the Equal Access Act, and teachers’ religious expression.
Ms. Colby graduated summa cum laude from the University of Illinois with a major in American History and a particular interest in slavery in colonial North America.
Partner, Arnold & Porter Kaye Scholer LLP
Rob Weiner has significant experience as a trial lawyer, appellate advocate, and legal strategist in complex litigation. He is skilled in developing creative legal approaches to bring cases to a quick, cheap and successful resolution. Mr. Weiner’s long experience representing business and sovereign clients in litigation, and his three tours of duty as a government lawyer, have honed his ability to deal with the regulatory, tactical, and constitutional issues arising when the federal government is, or may become, a party in litigation. From 2010-2012, Mr. Weiner was Associate Deputy Attorney General at the US Department of Justice, where his principal responsibility was to oversee the defense of the Affordable Care Act. He also handled sensitive negotiations with a foreign government involving bank secrecy, and dealt with or headed-off difficult issues across the range of the Department’s matters. Mr. Weiner also has served as Senior Counsel in the White House Counsel’s Office, and as an Associate Independent Counsel. He began his career as a law clerk for The Honorable Henry J. Friendly and for Justice Thurgood Marshall.
At the firm, Mr. Weiner has litigated major administrative and constitutional cases; served as national coordinating and trial counsel in product liability and toxic tort cases; represented clients in media-intensive Congressional regulatory, criminal, and disciplinary investigations; and was lead counsel for the State of Israel in litigation involving national security policies. In addition, clients frequently seek him out to author briefs in the US Supreme Court and other forums.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Severability and Article III Powers
Federalism & Separation of Powers Practice Group Teleforum
TeleforumConversations with the Sixth Circuit: An Interview with Judge Danny Boggs
Josh Blackman, Danny J. Boggs, Carmine G. Iaccarino
On May 28, 2021, the Federalist Society's Central Kentucky Lawyers Chapter featured the first installment...
Conversations with the Sixth Circuit: An Interview with Judge Danny Boggs
Josh Blackman, Danny J. Boggs, Carmine G. Iaccarino
On May 28, 2021, the Federalist Society's Central Kentucky Lawyers Chapter featured the first installment...
Conversations with the Sixth Circuit: An Interview with Judge Danny Boggs
Central Kentucky Lawyers Chapter
Topics
Federal Government Orders Surrender of Personal Property Under . . . its Police Power?: Courts Grapple with Bump Stock Rule as a Fifth Amendment Taking
In December 2018, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued a rule...
A Discussion of ABA Model Rule 8.4(g)
Josh Blackman, Kim Colby, Robert N. Weiner
American Bar Association Model Rule 8.4(g) defines professional misconduct in relevant part as “conduct that...
A Discussion of ABA Model Rule 8.4(g)
TeleforumTopics
Ohio Challenges Constitutionality of “Tax Mandate” in Biden Stimulus
On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA),...
Jacobson v. Massachusetts [SCOTUSbrief]
Josh Blackman
When a smallpox outbreak swept through the town of Cambridge, Massachusetts in 1903, Rev. Henning...
Topics
Paper Series on the Second Amendment and Civil Unrest
The Liberty and Law Center at Antonin Scalia Law School has sponsored a series of...