Senior Fellow, National Center for Policy Analysis
Senior Fellow at the National Center for Policy Analysis (NCPA) and author of Free To Choose Medicine: Better Drugs Sooner at Lower Cost
Adjunct Fellow, Competitive Enterprise Institute
Gregory Conko is an Adjunct Fellow at the Competitive Enterprise Institute and Vice President of Programs at DonorsTrust. His research at CEI focuses on health care, food and drug regulation, agriculture and agricultural trade, and nutrition and public health. He also has broad expertise in science and environmental policy and in administrative and regulatory law.
Since 2021, Conko has managed the grants and grantee programs at the donor-advised fund sponsor DonorsTrust, but he continues to research and write on policy matters for the Competitive Enterprise Institute. Before joining DonorsTrust, Conko was Deputy Director of the George Mason University Law & Economics Center, a Senior Fellow and later Executive Director of CEI.
Conko is the author or co-author of numerous books, studies, and articles, and Barron’s called his book, The Frankenfood Myth: How Protest and Politics Threaten the Biotech Revolution, co-authored with Henry I. Miller, one of the 25 best books of 2004. His other writings have appeared in such journals as Nature Biotechnology, Transgenic Research, Health Matrix: Journal of Law & Medicine, and the Cumberland Law Review, and in such newspapers as the Financial Times, The Wall Street Journal, Los Angeles Times, and USA Today.
Conko is a member of the Federalist Society’s Regulatory Transparency Project Working Group on FDA & Health, a member of the American Council on Science and Health’s Board of Scientific and Policy Advisors. He received a JD degree magna cum laude from the George Mason University School of Law and a BA in political science and history from American University. He lives in Virginia with his wife and son.
Executive in Residence, Wake Forest University School of Business
John Allison is an Executive in Residence at the Wake Forest School of Business. He is a member of the Cato Institute’s Board of Directors and Chairman of the Executive Advisory Council of the Cato Institute’s Center for Monetary and Financial Alternatives. Allison was president and CEO of the Cato Institute from October 2012 to April 2015. Prior to joining Cato, Allison was chairman and CEO of BB&T Corporation, the 10th-largest financial services holding company headquartered in the United States. During his tenure as CEO from 1989 to 2008, BB&T grew from $4.5 billion to $152 billion in assets. He was recognized by theHarvard Business Reviewas one of the top 100 most successful CEOs in the world over the last decade.
Allison has received the Corning Award for Distinguished Leadership, been inducted into the North Carolina Business Hall of Fame, and received the Lifetime Achievement Award from theAmerican Banker. He is the author of The Financial Crisis and the Free Market Cure: Why Pure Capitalism Is the World Economy’s Only Hope and The Leadership Crisis and the Free Market Cure: Why the Future of Business Depends on the Return to Life, Liberty, and the Pursuit of Happiness. In addition, he is a former Distinguished Professor of Practice at Wake Forest University School of Business, and serves on the Board of Visitors at the business schools at Wake Forest, Duke, and the University of North Carolina–Chapel Hill.
Allison is a Phi Beta Kappa graduate of the University of North Carolina–Chapel Hill. He received his master’s degree in management from Duke University and is also a graduate of the Stonier Graduate School of Banking. Allison is the recipient of six honorary doctorate degrees.
Wayne A. Abernathy, Wild Bells
Wayne A. Abernathy is a former U.S. Treasury Assistant Secretary for Financial Institutions under President George W. Bush, receiving the Alexander Hamilton Award in recognition of his service. In that office he was also a member of the Board of Directors of the Securities Investor Protection Corporation. Prior to his work at the Treasury, Mr. Abernathy served as Staff Director of the Senate Banking Committee, under Chairman Phil Gramm.
Following his service at the Treasury, Mr. Abernathy worked for 15 years on the staff of the American Bankers Association, as Executive Vice President for Financial Institutions Policy and Regulatory Affairs.
Previous experience with the Senate Banking Committee includes serving as Staff Director of the Subcommittee on Securities during 1995-1998. From 1989 until 1994, Mr. Abernathy was a Republican economist for the committee. He previously worked as a senior legislative assistant for Senator Gramm during 1987-1989 and as an economist for the Banking Committee’s Subcommittee on International Finance and Monetary Policy during 1981-1986, under Chairman Jake Garn.
Mr. Abernathy earned his bachelor’s degree in International Studies from The Johns Hopkins University in 1978. In 1980, he received a master’s degree in International Studies from the School of Advanced International Studies of The Johns Hopkins University.
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 University of Mississippi School of Law, where he has taught multiple courses involving U.S. Supreme Court history. 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.
Senior Litigation Counsel, New Civil Liberties Alliance
Throughout his 40-year career in private law practice in Washington, D.C., Richard Samp has specialized in appellate litigation with a focus on constitutional law. He served as Chief Counsel of the Washington Legal Foundation for more than 30 years. He has participated directly in more than 200 cases before the U.S. Supreme Court. Mr. Samp is a graduate of Harvard College and the University of Michigan Law School and clerked for a federal judge in Detroit.
General Counsel and Vice-President of Litigation, Washington Legal Foundation
Cory Andrews is General Counsel and Vice-President of Litigation for the Washington Legal Foundation (WLF). As counsel of record for WLF and other clients, he has authored more than 100 briefs, at petition and merits stages, in the U.S. Supreme Court. He also frequently litigates in state and federal appellate courts. Before joining WLF, Cory practiced trial and appellate law for White & Case LLP, where he litigated in state and federal courts on behalf of clients in the telecommunications, hospitality, and banking industries. He received his J.D. magna cum laude from the University of Florida, where he was Editor-in-Chief of the Florida Law Review and elected to the Order of the Coif. Upon graduation, Cory served as a law clerk to the Honorable Steven D. Merryday of the U.S. District Court for the Middle District of Florida.
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 University of Mississippi School of Law, where he has taught multiple courses involving U.S. Supreme Court history. 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.
Partner, Covington & Burling LLP
Gerald Masoudi is a partner in the firm’s Washington, DC office and co-chair of the Food and Drug practice group.
Before joining Covington in 2009, Mr. Masoudi served as Chief Counsel of the Food and Drug Administration. In that capacity he was responsible for supervising FDA’s involvement in civil and criminal litigation and investigations; providing legal review of warning letters, guidances and regulations; and providing advice to the FDA commissioner and senior leadership on matters relating to the products regulated by FDA. Before joining the FDA, Mr. Masoudi served as Deputy Assistant Attorney General for international, policy and appellate matters in the Antitrust Division at the Department of Justice. He also served as Principal Deputy Chief Counsel for the FDA in 2004 and 2005. Before entering government service, Mr. Masoudi had a decade of experience in private practice in the areas of antitrust, telecommunications, patent law and energy.
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.
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.
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.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Partner, Covington & Burling LLP
Gerald Masoudi is a partner in the firm’s Washington, DC office and co-chair of the Food and Drug practice group.
Before joining Covington in 2009, Mr. Masoudi served as Chief Counsel of the Food and Drug Administration. In that capacity he was responsible for supervising FDA’s involvement in civil and criminal litigation and investigations; providing legal review of warning letters, guidances and regulations; and providing advice to the FDA commissioner and senior leadership on matters relating to the products regulated by FDA. Before joining the FDA, Mr. Masoudi served as Deputy Assistant Attorney General for international, policy and appellate matters in the Antitrust Division at the Department of Justice. He also served as Principal Deputy Chief Counsel for the FDA in 2004 and 2005. Before entering government service, Mr. Masoudi had a decade of experience in private practice in the areas of antitrust, telecommunications, patent law and energy.
February 14, 2014: ABA Midyear Meeting in Chicago
The ABA hosted its midyear meetings in Chicago from February 5-11. We highlight some of...
Free To Choose Medicine
Bartley J. Madden, Gregory Conko
Note from the Editor: This article is about the Free To Choose Medicine concept....
The Financial Crisis and the Free Market Cure: A Conversation with John A. Allison
John A. Allison, Wayne A. Abernathy
Note from the Editor: The following is a transcript of a Federalist Society Practice Group...
Sebelius v. Auburn Regional Medical Center - Post-Decision SCOTUScast
Evan A. Young
On January 22, 2013 the Supreme Court announced its decision in Sebelius v. Auburn Regional Medical...
Restraining Park Doctrine Prosecutions Against Corporate Officials Under the FDCA
Richard A. Samp, Cory L. Andrews
Note from the Editor: This paper analyzes the FDA’s “Park Doctrine” for prosecutions against corporate...
Sebelius v. Auburn Regional Medical Center - Post-Argument SCOTUScast
Evan A. Young
On December 4, 2012 the Supreme Court heard oral argument in Sebelius v. Auburn Regional Medical...
Responsible Corporate Officer Doctrine - Podcast
Gerald Masoudi, Eric Blumberg, Dean Reuter
The Responsible Corporate Officer or Park doctrine allows corporate officers to be held criminally liable for violations...
National Federation of Independent Business v. Sebelius - Post-Decision SCOTUScast
Neal K. Katyal, Randy E. Barnett
On June 28, 2012, the Supreme Court announced its decision in National Federation of Independent Business...
Responsible Corporate Officer Doctrine
Florida Constitutional Challenge to Obamacare: It All Comes Down to Broccoli
Karen Harned
Note from the Editor: This paper provides an update on the litigation dealing with the...