Senior Litigation Counsel, New Civil Liberties Alliance
Jacob Huebert is Senior Litigation Counsel at the New Civil Liberties Alliance. He previously served as President and Director of Litigation of the Liberty Justice Center, where he successfully litigated cases to protect constitutional rights, including the landmark Janus v. AFSCME case, in which the U.S. Supreme Court upheld government employees’ First Amendment right to choose for themselves whether to pay money to a union. Jacob was also previously a Senior Attorney at the Goldwater Institute, where he litigated cases on free speech, property rights, and the Second Amendment.
Jacob and his work have appeared in numerous national media outlets, including the Wall Street Journal, New York Times, and Fox News Channel. He is also the author of a book, Libertarianism Today.
Jacob holds a B.A. in economics from Grove City College and a J.D. from the University of Chicago Law School. After law school, he served as a clerk to Judge Deborah Cook of the U.S. Court of Appeals for the Sixth Circuit. Jacob has served as an adjunct law professor at several law schools, teaching courses in advanced appellate advocacy, the law of payments, legal writing, and jurisprudence. Before working in public interest law, Jacob was a litigator in private practice.
Assistant Clinical Professor of Law & Director, Religious Freedom Clinic, Harvard Law School
Josh is the Director of Harvard Law School’s Religious Freedom Clinic, a pro bono program that gives students a hands-on, supervised experience representing a diverse group of clients in First Amendment and religious freedom cases.
Before entering clinical teaching, Josh clerked for the Honorable Cormac J. Carney of the U.S. District Court for the Central District of California and the Honorable Jay S. Bybee of the U.S. Court of Appeals for the Ninth Circuit. In addition to serving as a staff attorney in the clinic’s inaugural semester in 2020, he was previously a trial litigator at Munger, Tolles & Olson and an appellate litigator at Horvitz & Levy, where he specialized in representing individual and organizational clients in both commercial and civil rights cases, with particular expertise in First Amendment and religious freedom issues.
While in private practice, Josh received a Daily Journal 2022 California Lawyer Attorneys of the Year (CLAY) award, was twice named a “One to Watch” in appellate law by Best Lawyers, and argued in numerous appellate courts and courts of last resort, including twice before the California Supreme Court. His amicus brief for Jewish schools in a case before the U.S. Supreme Court was quoted by Justice Kavanaugh at oral argument.
Josh earned his B.A., magna cum laude, from Brigham Young University and graduated first in his class from UCLA School of Law.
Professor, University of North Carolina at Wilmington
Mike Adams is a professor at the University of North Carolina at Wilmington (UNCW). He writes a weekly column for The Daily Wire and speaks frequently on First Amendment and pro-life issues. After graduating from Mississippi State University in 1993 with a PhD in Criminology, his research emphasized social psychological causes of crime and delinquency. He won the Faculty Member of the Year Award from the Office of the Dean of Students in 1998 and again in 2000. Later, after his involvement in a free speech controversy in the wake of the 9/11 attack his research emphasis shifted to threats to free speech, due process, and academic integrity in higher education. In 2006, he was denied a promotion full professor and filed suit in federal court alleging that UNCW retaliated against him for his criticism the diversity movement in general as well as his criticism of specific policies within his own university. The retaliation lawsuit set up a legal challenge concerning whether Garcetti v. Ceballos (2006), which denied First Amendment protection to public employees who were commenting about their “official duties,” applied to college professors. In Adams v. UNCW (2011), the 4th Circuit Court of Appeals unanimously ruled in his favor. The ruling set up a federal trial on the issue of retaliation, which he also won before a jury in federal district court in Greenville, North Carolina.
Professor of History, Brooklyn College and the CUNY Graduate Center
KC Johnson is professor of history at Brooklyn College and the CUNY Graduate Center, where he has taught since 1999. He has written 13 books on topics in U.S. political history, U.S. foreign policy, and legal and policy debates surrounding campus due process and civil liberties. His Duke lacrosse case blog, Durham-in-Wonderland, was named ABA Journal’s Best Ethics Blog in 2007; and he continues to blog on higher-ed matters at the blog Minding the Campus.
FIRE
Partner, Gibson Dunn & Crutcher LLP
Miguel A. Estrada is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher.
Mr. Estrada has represented clients before federal and state courts throughout the country in a broad range of matters. He has argued 24 cases before the United States Supreme Court, and briefed many others. He has also argued dozens of appeals in the lower federal courts.
Best Lawyers® recognized Mr. Estrada as a 2020 Lawyer of the Year in Intellectual Property Litigation and as a Lawyer of the Year in Appellate Practice. He has been recognized by Benchmark Litigation as a 2020 U.S. Appellate Litigation “Star”. In 2014, The American Lawyer named Mr. Estrada a “Litigator of the Year,” praising his “brains and tenacity” and noting he is the lawyer to call for “a tough, potentially unwinnable case.” From 2014-2021, Chambers & Partners has named him as one of a handful of attorneys that it ranked in the top tier among the nation’s leading appellate lawyers. Chambers & Partners noted that “clients are impressed by his intellect and ability, with one saying, ‘His papers are just blindingly clear in what they say and devastating in how they marshal the arguments.’” The Atlantic described his oral argument in a 2014 high-profile separation-of-powers case as “one of the most dazzling arguments the marble chamber has heard in many years.”
Mr. Estrada was selected by his peers for inclusion in the 2020 edition of The Best Lawyers in America® in the area of Appellate Law, in addition to previous recognition by the publication in the specialties of Bet-the-Company Litigation, Commercial Litigation and Criminal Defense: White Collar, Intellectual Property Litigation, and Regulatory Enforcement Litigation in the areas of SEC, Telecom, and Energy. In 2017, he was elected as a member of the American Law Institute. In 2021, Mr. Estrada was named among the Lawdragon 500 Leading Lawyers in America. In 2004, Legal Times named him one of the top 12 appellate litigators in the D.C. area, noting that “people who follow appellate practice in Washington have known for several years that Estrada . . . is one of the best around.” Also in 2004, Washingtonian Magazine named him one of the top constitutional law lawyers “who could become one of the legends of the Supreme Court bar.”
Mr. Estrada joined Gibson Dunn in 1997, after serving for five years as Assistant to the Solicitor General of the United States. He previously served as Assistant U.S. Attorney and Deputy Chief of the Appellate Section, U.S. Attorney’s Office, Southern District of New York. In those capacities, Mr. Estrada represented the government in numerous jury trials and in many appeals before the U.S. Court of Appeals for the Second Circuit. Before joining the U.S. Attorney’s Office, Mr. Estrada practiced corporate law in New York with Wachtell, Lipton, Rosen & Katz.
Mr. Estrada is a Trustee of the Supreme Court Historical Society. He was formerly a member of the Board of Visitors of Harvard Law School.
Mr. Estrada served as a law clerk to the Honorable Anthony M. Kennedy in the U.S. Supreme Court from 1988 to 1989 and to the Honorable Amalya L. Kearse in the U.S. Court of Appeals for the Second Circuit from 1986 to 1987. He received a J.D. degree magna cum laude in 1986 from Harvard Law School, where he was editor of the Harvard Law Review. Mr. Estrada graduated with an A.B. degree magna cum laude and Phi Beta Kappa in 1983 from Columbia College, New York. He is fluent in Spanish and proficient in French.
Representative Supreme Court matters include:
In 2011, the Supreme Court appointed Mr. Estrada to brief and argue two criminal cases –Dorsey v. United States and Hill v. United States – in which the Solicitor General declined to defend the judgments of the court of appeals. Mr. Estrada was appointed to argue the position that the Solicitor General had declined to defend.
Mr. Estrada was also part of the team that successfully presented then Governor Bush’s position to the Supreme Court in Bush v. Gore (2000). Other cases that Mr. Estrada handled in the Supreme Court include Granholm v. Heald (2005) (dormant Commerce Clause and Twenty-First Amendment), Vermont Agency of Natural Resources v. United States ex rel. Stevens (2000) (False Claims Act, Article III standing and Eleventh Amendment immunity), Old Chief v. United States (1997) (rules of evidence), United States v. Mezzanatto (1995) (evidence and plea bargaining), United States v. Robertson (1995) (constitutional limits on Congress’s Commerce Clause powers), Citizens Bank of Maryland v. Strumpf (1995) (bankruptcy law), and NOW, Inc. v. Scheidler (1994) (RICO).
Recent Court of Appeals matters include:
In addition, Mr. Estrada is lead appellate counsel to Vivendi S.A. in two securities-fraud appeals from jury verdicts that are currently pending in the Second Circuit, and to the National Association of Broadcasters in a challenge to certain procedures promulgated by the FCC in connection with the upcoming Spectrum Auction. Mr. Estrada also recently presented argument before the D.C. Circuit on behalf of the tobacco industry in a first amendment challenge to certain compelled disclosures that were imposed as part of the government’s long-running civil RICO case against the industry.
Other matters:
Partner, Gibson, Dunn & Crutcher LLP
Thomas G. Hungar is a partner in the Washington, D.C., office of Gibson Dunn. His practice focuses on appellate litigation, and he assists clients with congressional investigations and complex trial court litigation matters as well. He has presented oral argument before the Supreme Court of the United States in 28 cases, including some of the Court’s most important patent, antitrust, securities, and environmental law decisions, and he has also appeared before numerous lower federal and state courts.
Thomas served as General Counsel to the U.S. House of Representatives from July 2016 until January 2019. As General Counsel, he provided legal advice and litigation representation on a non-partisan basis to the House and its leadership, members, officers, and staff, and he worked closely with numerous House committees in connection with their oversight and investigative activities. Previously, he served as a Deputy Solicitor General of the United States. In that position, he supervised business-related appellate litigation for the federal government, with particular emphasis on patent, antitrust, securities, and environmental appellate cases, and he also oversaw appellate litigation in banking, bankruptcy, tax, government contracts, communications, copyright, labor, trademark, and international trade matters. In private practice, Thomas’s appellate experience has encompassed those areas as well as class actions, constitutional law, employment law, product liability, administrative procedure, insurance coverage and bad faith, and general commercial litigation. He has handled scores of business-related appeals in the Supreme Court and lower appellate courts, and has briefed and argued many high-profile matters.
Thomas is a Fellow of the American Academy of Appellate Lawyers and is a frequent lecturer in his areas of expertise. While at the Department of Justice, he served as Appellate Counsel to the Intellectual Property Task Force Executive Staff, and he was awarded the John Marshall Award for Outstanding Legal Achievement, the Department’s highest award presented to attorneys for contributions and excellence in legal performance, in recognition of his handling of patent-law matters before the Supreme Court.
Most recently, Thomas has garnered national recognition for his Appellate Practice in The Legal 500 – United States, Best Lawyers in America, and in Chambers USA, which has repeatedly highlighted Thomas for his “expertise in appellate litigation” and experience with employment and antitrust disputes, as well as Congressional Investigations. Thomas was also recently named a “Litigation Star” by Benchmark Litigation.
Thomas served as an Assistant to the Solicitor General of the United States from 1992-1994. He also served as a law clerk to Justice Anthony M. Kennedy of the Supreme Court and to Circuit Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. He received his law degree from Yale Law School in 1987, where he was a Senior Editor of the Yale Law & Policy Review. He received his Bachelor of Science degree magna cum laude in mathematics/computer science and economics from Willamette University in 1984.
Thomas is admitted to practice in the District of Columbia.
Partner, Gibson Dunn & Crutcher LLP
Miguel A. Estrada is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher.
Mr. Estrada has represented clients before federal and state courts throughout the country in a broad range of matters. He has argued 24 cases before the United States Supreme Court, and briefed many others. He has also argued dozens of appeals in the lower federal courts.
Best Lawyers® recognized Mr. Estrada as a 2020 Lawyer of the Year in Intellectual Property Litigation and as a Lawyer of the Year in Appellate Practice. He has been recognized by Benchmark Litigation as a 2020 U.S. Appellate Litigation “Star”. In 2014, The American Lawyer named Mr. Estrada a “Litigator of the Year,” praising his “brains and tenacity” and noting he is the lawyer to call for “a tough, potentially unwinnable case.” From 2014-2021, Chambers & Partners has named him as one of a handful of attorneys that it ranked in the top tier among the nation’s leading appellate lawyers. Chambers & Partners noted that “clients are impressed by his intellect and ability, with one saying, ‘His papers are just blindingly clear in what they say and devastating in how they marshal the arguments.’” The Atlantic described his oral argument in a 2014 high-profile separation-of-powers case as “one of the most dazzling arguments the marble chamber has heard in many years.”
Mr. Estrada was selected by his peers for inclusion in the 2020 edition of The Best Lawyers in America® in the area of Appellate Law, in addition to previous recognition by the publication in the specialties of Bet-the-Company Litigation, Commercial Litigation and Criminal Defense: White Collar, Intellectual Property Litigation, and Regulatory Enforcement Litigation in the areas of SEC, Telecom, and Energy. In 2017, he was elected as a member of the American Law Institute. In 2021, Mr. Estrada was named among the Lawdragon 500 Leading Lawyers in America. In 2004, Legal Times named him one of the top 12 appellate litigators in the D.C. area, noting that “people who follow appellate practice in Washington have known for several years that Estrada . . . is one of the best around.” Also in 2004, Washingtonian Magazine named him one of the top constitutional law lawyers “who could become one of the legends of the Supreme Court bar.”
Mr. Estrada joined Gibson Dunn in 1997, after serving for five years as Assistant to the Solicitor General of the United States. He previously served as Assistant U.S. Attorney and Deputy Chief of the Appellate Section, U.S. Attorney’s Office, Southern District of New York. In those capacities, Mr. Estrada represented the government in numerous jury trials and in many appeals before the U.S. Court of Appeals for the Second Circuit. Before joining the U.S. Attorney’s Office, Mr. Estrada practiced corporate law in New York with Wachtell, Lipton, Rosen & Katz.
Mr. Estrada is a Trustee of the Supreme Court Historical Society. He was formerly a member of the Board of Visitors of Harvard Law School.
Mr. Estrada served as a law clerk to the Honorable Anthony M. Kennedy in the U.S. Supreme Court from 1988 to 1989 and to the Honorable Amalya L. Kearse in the U.S. Court of Appeals for the Second Circuit from 1986 to 1987. He received a J.D. degree magna cum laude in 1986 from Harvard Law School, where he was editor of the Harvard Law Review. Mr. Estrada graduated with an A.B. degree magna cum laude and Phi Beta Kappa in 1983 from Columbia College, New York. He is fluent in Spanish and proficient in French.
Representative Supreme Court matters include:
In 2011, the Supreme Court appointed Mr. Estrada to brief and argue two criminal cases –Dorsey v. United States and Hill v. United States – in which the Solicitor General declined to defend the judgments of the court of appeals. Mr. Estrada was appointed to argue the position that the Solicitor General had declined to defend.
Mr. Estrada was also part of the team that successfully presented then Governor Bush’s position to the Supreme Court in Bush v. Gore (2000). Other cases that Mr. Estrada handled in the Supreme Court include Granholm v. Heald (2005) (dormant Commerce Clause and Twenty-First Amendment), Vermont Agency of Natural Resources v. United States ex rel. Stevens (2000) (False Claims Act, Article III standing and Eleventh Amendment immunity), Old Chief v. United States (1997) (rules of evidence), United States v. Mezzanatto (1995) (evidence and plea bargaining), United States v. Robertson (1995) (constitutional limits on Congress’s Commerce Clause powers), Citizens Bank of Maryland v. Strumpf (1995) (bankruptcy law), and NOW, Inc. v. Scheidler (1994) (RICO).
Recent Court of Appeals matters include:
In addition, Mr. Estrada is lead appellate counsel to Vivendi S.A. in two securities-fraud appeals from jury verdicts that are currently pending in the Second Circuit, and to the National Association of Broadcasters in a challenge to certain procedures promulgated by the FCC in connection with the upcoming Spectrum Auction. Mr. Estrada also recently presented argument before the D.C. Circuit on behalf of the tobacco industry in a first amendment challenge to certain compelled disclosures that were imposed as part of the government’s long-running civil RICO case against the industry.
Other matters:
Partner, Gibson, Dunn & Crutcher LLP
Thomas G. Hungar is a partner in the Washington, D.C., office of Gibson Dunn. His practice focuses on appellate litigation, and he assists clients with congressional investigations and complex trial court litigation matters as well. He has presented oral argument before the Supreme Court of the United States in 28 cases, including some of the Court’s most important patent, antitrust, securities, and environmental law decisions, and he has also appeared before numerous lower federal and state courts.
Thomas served as General Counsel to the U.S. House of Representatives from July 2016 until January 2019. As General Counsel, he provided legal advice and litigation representation on a non-partisan basis to the House and its leadership, members, officers, and staff, and he worked closely with numerous House committees in connection with their oversight and investigative activities. Previously, he served as a Deputy Solicitor General of the United States. In that position, he supervised business-related appellate litigation for the federal government, with particular emphasis on patent, antitrust, securities, and environmental appellate cases, and he also oversaw appellate litigation in banking, bankruptcy, tax, government contracts, communications, copyright, labor, trademark, and international trade matters. In private practice, Thomas’s appellate experience has encompassed those areas as well as class actions, constitutional law, employment law, product liability, administrative procedure, insurance coverage and bad faith, and general commercial litigation. He has handled scores of business-related appeals in the Supreme Court and lower appellate courts, and has briefed and argued many high-profile matters.
Thomas is a Fellow of the American Academy of Appellate Lawyers and is a frequent lecturer in his areas of expertise. While at the Department of Justice, he served as Appellate Counsel to the Intellectual Property Task Force Executive Staff, and he was awarded the John Marshall Award for Outstanding Legal Achievement, the Department’s highest award presented to attorneys for contributions and excellence in legal performance, in recognition of his handling of patent-law matters before the Supreme Court.
Most recently, Thomas has garnered national recognition for his Appellate Practice in The Legal 500 – United States, Best Lawyers in America, and in Chambers USA, which has repeatedly highlighted Thomas for his “expertise in appellate litigation” and experience with employment and antitrust disputes, as well as Congressional Investigations. Thomas was also recently named a “Litigation Star” by Benchmark Litigation.
Thomas served as an Assistant to the Solicitor General of the United States from 1992-1994. He also served as a law clerk to Justice Anthony M. Kennedy of the Supreme Court and to Circuit Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. He received his law degree from Yale Law School in 1987, where he was a Senior Editor of the Yale Law & Policy Review. He received his Bachelor of Science degree magna cum laude in mathematics/computer science and economics from Willamette University in 1984.
Thomas is admitted to practice in the District of Columbia.
Janus v. AFSCME: the Attorneys' Perspectives
Loyola-Chicago Student Chapter
Chicago, ILTopics
Two More State Supreme Courts Reject ABA Model Rule 8.4(g)
On August 30, the Arizona Supreme Court denied a petition from the National Lawyers...
California Cannabis Coalition v. City of Upland
Joshua C. McDaniel
Unlike our federal structure of government, which places the legislative power exclusively in the hands...
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Docket Watch: California Cannabis Coalition v. City of Upland
Unlike our federal structure of government, which places the legislative power exclusively in the hands...
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ABA Model Rule 8.4(g) Cannot Survive the Supreme Court’s Recent Decisions in NIFLA and Matal
The United States Supreme Court’s decision eight weeks ago in National Institute of Family and...
The Student Right to Counsel
Mike S. Adams, KC Johnson, Adam Kissell
Note from the Editor: This article argues that a student right to counsel in quasi-criminal...
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Liberty Month Revisited: Regulation by Litigation
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
2018 Annual Supreme Court Round Up
Miguel A. Estrada, Thomas G. Hungar
On July 13, 2018, the Federalist Society's Washington, DC Lawyers Chapter presented its annual Supreme...
2018 Annual Supreme Court Round Up
Miguel A. Estrada, Thomas G. Hungar
On July 13, 2018, the Federalist Society's Washington, DC Lawyers Chapter presented its annual Supreme...
Topics
Is Telling a “Lawyer Joke” Professional Misconduct? Pennsylvania Considers a Version of ABA Model Rule 8.4(g)
Tomorrow the Disciplinary Board of the Pennsylvania Supreme Court meets to consider the adoption of...