Chief Policy Counsel, Council on Criminal Justice and Senior Advisor, Right on Crime
Marc A. Levin is the Chief Policy Counsel for the Council on Criminal Justice (counciloncj.org) and Senior Advisor for Right on Crime.
An attorney and accomplished author on legal and public policy issues, Marc began the Foundation’s criminal justice program in 2005. This work contributed to nationally praised policy changes that have been followed by dramatic declines in crime and incarceration in Texas. Building on this success, in 2010, Levin developed the concept for the Right on Crime initiative, a TPPF project in partnership with Prison Fellowship and the American Conservative Union Foundation. Right on Crime has become the national clearinghouse for conservative criminal justice reforms and has contributed to the adoption of policies in dozens of states that fight crime, support victims, and protect taxpayers.
In 2014, Levin was named one of the “Politico 50” in the magazine’s annual “list of thinkers, doers, and dreamers who really matter in this age of gridlock and dysfunction.”
Marc has testified on criminal justice policy on four occasions before Congress and has testified before legislatures in states including Texas, Nevada, Kansas, Wisconsin, and California. He also has met personally with leaders such as U.S. Presidents, Speakers of the House, and the Justice Commtitee of the United Kingdom Parliament to share his ideas on criminal justice reform. In 2007, he was honored in a resolution unanimously passed by the Texas House of Representatives that stated, “Mr. Levin’s intellect is unparalleled and his research is impeccable.”
Since 2005, Marc has published dozens of policy papers on topics such as sentencing, probation, parole, reentry, and overcriminalization which are available on the TPPF website. Levin’s articles on law and public policy have been featured in publications such as the Wall Street Journal, USA Today, Texas Review of Law & Politics, National Law Journal, New York Daily News, Jerusalem Post, Toronto Star, Atlanta Journal-Constitution, Philadelphia Inquirer, San Francisco Chronicle, Washington Times, Los Angeles Daily Journal, Charlotte Observer, Dallas Morning News, Houston Chronicle, Austin American-Statesman, San Antonio Express-News and Reason Magazine.
In 1999, Marc graduated with honors from the University of Texas with a B.A. in Plan II Honors and Government. In 2002, Marc received his J.D. with honors from the University of Texas School of Law. Marc was a Charles G. Koch Summer Fellow in 1996. He served as a law clerk to Judge Will Garwood on the U.S. Court of Appeals for the Fifth Circuit and Staff Attorney at the Texas Supreme Court.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Founder & President, Due Process Institute
Shana founded the Due Process Institute because, after years of first-hand defense work and criminal legal reform advocacy, she became convinced that the Constitution needed and deserved its own lobbying firm--particularly in the area of procedural due process rights.
With 20 years of project management, lobbying, legal defense, and teaching experience, Shana's goal is to achieve meaningful solutions to as many of these problems, in the shortest amount of time possible, for the betterment of as many people as possible, as well as to prevent any of it from getting worse on her watch.
Chancellor’s Professor of Law, UC Irvine School of Law
Professor Simons is a leading scholar of tort law, criminal law, and law and philosophy and Co-director of the Center for Legal Philosophy. He has served since 2014 as Chief Reporter for the American Law Institute’s Restatement Third of Torts: Intentional Torts to Persons. In January 2019, he was the recipient of the 2019 William L. Prosser Award by the Association of American Law Schools Section on Torts and Compensation Systems, which recognizes “outstanding contributions of law teachers in scholarship, teaching and service” related to tort law and compensation systems.
Professor Simons has published influential scholarship concerning consent, assumption of risk and contributory negligence; the nature and role of mental states in criminal, tort and constitutional law; and negligence as a moral and legal concept. He has also explored such topics as bias crimes, corrective justice, the logic of egalitarian norms, mistake and impossibility in criminal law, and strict criminal liability.
Before joining UC Irvine School of Law, Prof. Simons was Professor of Law and The Honorable Frank R. Kenison Distinguished Scholar in Law at Boston University School of Law. He was a law clerk to U.S. Supreme Court Justice Thurgood Marshall and to Judge James L. Oakes, U.S. Court of Appeals for the Second Circuit. Prof. Simons also worked as an associate at Goodwin, Procter & Hoar in Boston, in the field of civil litigation. He received his J.D. from Michigan Law School, magna cum laude, and graduated from Yale University, summa cum laude, with a B.A. in philosophy.
Partner, Quinn Emanuel
John F. Bash is an American attorney who served as the United States Attorney for the Western District of Texas from 2017 to 2020. After graduating from Harvard Law School, Mr. Bash clerked for Judge Kavanaugh during his first year on the bench and went on to clerk for Justice Antonin Scalia. He then served as an Assistant to the Solicitor General in the U.S. Department of Justice, where he argued ten cases in the United States Supreme Court. He also served briefly as Special Assistant to the President and Associate Counsel to the President before his appointment as United States Attorney.
Federal Public Defender for the Southern District of Florida
Co-Director, Tsai Center for Law, Science and Innovation, Altshuler Distinguished Teaching Professor, and Professor of Law, Southern Methodist University Dedman School of Law, SMU Dedman School of Law
Meghan J. Ryan is an award-winning teacher and scholar working at the intersection of criminal law & procedure, torts, and law & science. Her current research focuses on the impact of evolving science, technology, and cultural values on criminal convictions and punishments, as well as on civil liability and remedies. This includes research on forensic science, wrongful convictions, sentencing, cruel & unusual punishments, and toxic torts.
Professor Ryan received her A.B., magna cum laude, in Chemistry from Harvard University. She earned her J.D., magna cum laude, from the University of Minnesota Law School, where she was a member of the Order of the Coif and received the American Law Institute-American Bar Association Scholarship and Leadership Award. She was also a member of both the Minnesota Law Review and the Minnesota Journal of Global Trade.
After graduation, Professor Ryan clerked for the Honorable Roger L. Wollman of the U.S. Court of Appeals for the Eighth Circuit. She also practiced law in the trial group at the Minneapolis-based law firm of Dorsey & Whitney LLP, where she focused her practice on commercial and intellectual property litigation, as well as on white collar defense and compliance. Additionally, Professor Ryan has conducted research in the areas of bioinorganic chemistry, molecular biology, and experimental therapeutics at the Mayo Clinic and the University of Minnesota. Prior to joining the SMU faculty, Professor Ryan was a Visiting Assistant Professor at the University of Minnesota Law School, where she taught Criminal Law, Criminal Process, and Sales.
Edward Rood Eminent Scholar Chair, Professor of Law, and Senior Fellow, Hamilton Center for Classical and Civic Education, University of Florida Levin College of Law
Professor Stinneford researches, teaches, and consults about legal ethics, criminal law, criminal procedure, and constitutional law. His work has been cited by the United States Supreme Court, several state supreme courts and federal courts of appeal, and numerous scholars. It has been published in numerous scholarly journals including the Georgetown Law Journal, the Northwestern University Law Review, the Virginia Law Review, the Notre Dame Law Review, and the William & Mary Law Review. The Stanford-Yale Junior faculty forum selected one of his articles as the best paper in the category of Constitutional History, and the AALS Criminal Justice Section named another article as the best paper in its Junior Scholars Paper Competition. In the fall of 2015, he was a Visiting Scholar at the Georgetown Law Center, Center for the Constitution.
John Stinneford was the inaugural Director and serves as a Senior Fellow of the Hamilton Center for Classical and Civic Education at the University of Florida. The Hamilton Center is a new academic unit whose mission is to promote civic education and civic discourse and to foster intellectual diversity. Its core purpose is to help students develop the knowledge, habits of thought, analytical skills, and character to be citizens and leaders in a free society. It will do so through curriculum, public programming, and (in conjunction with the Florida Department of Education) teacher training. Its curriculum will focus primarily on the Western intellectual tradition and the American founding.
Before joining the Florida faculty in 2009, Stinneford clerked for the Hon. James Moran of the United States District Court for the Northern District of Illinois, served as an Assistant United States Attorney, and practiced law with Winston & Strawn in Chicago. Stinneford teaches first-year courses in Criminal Law and Constitutional Law, and upper-level courses in Professional Responsibility, Criminal Procedure, Federal Criminal Law, Law & Literature, and White Collar Crime.
Judge, United States Court of Appeals, Sixth Circuit
Amul R. Thapar serves as a judge on the United States Court of Appeals for the Sixth Circuit. His judicial career began in 2007 when President George W. Bush nominated him to serve on the Eastern District of Kentucky, making him the first South Asian Article III judge in American history. In 2017, he became President Donald J. Trump’s first appellate court nominee.
Before joining the bench, Judge Thapar served as the United States Attorney for the Eastern District of Kentucky. While United States Attorney, Judge Thapar worked on the Attorney General’s Advisory Committee (“AGAC”) and chaired the AGAC’s Controlled Substances and Asset Forfeiture subcommittee. He also served on the Terrorism and National Security subcommittee, the Violent Crime subcommittee, and the Child Exploitation working group.
Judge Thapar has worked in private practice, at Williams & Connolly in Washington, D.C., and Squire, Sanders & Dempsey in Cincinnati, Ohio. He also served as an Assistant United States Attorney in both the Southern District of Ohio and the District of Columbia.
Judge Thapar received his undergraduate degree from Boston College and his law degree from the University of California, Berkeley. After graduating, Judge Thapar worked as a law clerk to the Honorable S. Arthur Spiegel of the United States District Court for the Southern District of Ohio, and the Honorable Nathaniel R. Jones of the United States Court of Appeals for the Sixth Circuit.
Judge Thapar has also published in the Yale Law Journal, Michigan Law Review, and Catholic University Law Review. He teaches courses on originalism, the Federalists and Anti-Federalists, and legal writing at Notre Dame Law School, the University of Virginia School of Law, and Vanderbilt Law School.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Transporting Abortifacients Across State Lines: Prospects for Indictment and Extradition
Paul Linton
On January 31, 2025, a Louisiana grand jury indicted a New York physician—Dr. Margaret Carpenter—for...
Discussing Attempts to Address Federal Overcriminalization
Marc Levin, John G. Malcolm, Shana O’Toole, Kenneth W. Simons
A recent executive order entitled “Fighting Overcriminalization in Federal Regulations” and two congressional proposals: the...
Topics
When Silence Counts as Violence: The Supreme Court Decides United States v. Delligatti
In United States v. Delligatti, the Supreme Court faced a question at the intersection of criminal...
After Dobbs and Samia: The Potential Implications of Applying a Dobbs Lens to the Supreme Court’s Constitutional Criminal Jurisprudence
John F. Bash, Michael Caruso, Meghan J. Ryan, John F. Stinneford, Amul R. Thapar
Stare Decisis, a Latin term meaning “let it stand,” is a key element of how...
Courthouse Steps Oral Argument: Counterman v. Colorado
Kent Scheidegger
On April 19, 2023, the Court is set to consider a question of free speech...
Topics
The Failed Revision of the DC Criminal Code: Lessons for Reformers
There are many lessons to be learned from the demise of the attempted revision of...
Courthouse Steps Decision Teleforum: Borden v. United States
Kent Scheidegger
Charles Borden had been convicted three times of aggravated assault under Tennessee law. Federal law...
Borden v. United States - Post-Decision SCOTUScast
Kent Scheidegger
On June 10th, 2021, the Supreme Court decided Borden v. United States. The issue before...
Courthouse Steps Oral Argument Teleforum: Borden v. United States
Kent Scheidegger
As a convicted felon, Charles Borden Jr. was in violation of 18 U.S.C. § 922(g)(1)...
Borden v. United States - Post-Argument SCOTUScast
Kent Scheidegger
On November 3, 2020, the Supreme Court heard oral argument in Borden v. United States....