Carmack Waterhouse Professor of Constitutional Law, Georgetown Law
After graduating from Harvard Law School in 1971, Professor Seidman served as a law clerk for J. Skelly Wright of the D.C. Circuit and U.S. Supreme Court Justice Thurgood Marshall. He then was a staff attorney with the D.C. Public Defender Service until joining the Law Center faculty in 1976. He teaches a variety of courses in the fields of constitutional and criminal law. He is co-author of a constitutional law casebook and the author of many articles concerning criminal justice and constitutional law. His most recent books are Silence and Freedom (Stanford 2007), Our Unsettled Constitution: A New Defense of Constitutionalism and Judicial Review (Yale 2001) and Equal Protection of the Laws (Foundation 2002).
Counsel, The Judicial Confirmation Network
Wendy Long is legal counsel to the Judicial Confirmation Network. Until March 2005, she was a litigation partner in the New York office of Kirkland & Ellis LLP. Wendy was a law clerk to U.S. Supreme Court Justice Clarence Thomas and to Judge Ralph Winter of the U.S. Court of Appeals for the Second Circuit in New York. She is a graduate of Northwestern University School of Law, cum laude and Order of the Coif, where she was articles editor of the Northwestern University Law Review, and of Dartmouth College. She previously served as a press secretary in the U.S. Senate, for former U.S. Senator Bill Armstrong (R-Colo.) and former U.S. Senator Gordon Humphrey (R-N.H.).
Director, William E. and Carol G. Simon Center on Religion and t, The Witherspoon Institute
Matthew J. Franck is the Director of the William E. and Carol G. Simon Center on Religion and the Constitution at the Witherspoon Institute in Princeton, New Jersey. He is Professor Emeritus of Political Science at Radford University, in Virginia, where he taught constitutional law, American politics, and political philosophy from 1989 to 2010, and was Chairman of the Department of Political Science from 1995 to 2010. He is also a Visiting Lecturer in Politics at Princeton University.
Professor Franck earned his B.A. in political science from Virginia Wesleyan College, and his M.A. and Ph.D. in political science from Northern Illinois University. He has taught at Marquette University and Southern Illinois University, and was a Fulbright Professor of American Studies at the Graduate School of International Studies, Yonsei University, Seoul, Korea, in 1998, and a Visiting Fellow in the James Madison Program in American Ideals and Institutions at Princeton University, in 2008-09.
He is the author, editor of, or contributor to several books on religious freedom, constitutional law, the Supreme Court, and American politics, and has published essays and reviews in numerous academic journals, as well as many general-interest articles and commentaries in newspapers, magazines, and online, including the Washington Post, First Things, National Review, and Public Discourse, the daily online essay publication of the Witherspoon Institute.
Professor Franck is a regular blogger on National Review Online’s “Bench Memos” page and the “First Thoughts” page at First Things magazine, and has appeared numerous times on Bill Bennett’s “Morning in America” radio show, as well as on CNN, Fox News Channel, NPR, and Relevant Radio.
Partner, Goldstein & Russell PC
Thomas C. Goldstein has argued 28 cases before the Supreme Court, including matters involving federal patent law, class action practice, labor and employment, and disability law. In addition to practicing law, Tom teaches Supreme Court Litigation at Harvard Law School and taught at Stanford Law School as well from 2004-2012.
In the Supreme Court and elsewhere, Mr. Goldstein litigates and advises clients in a broad range of issues. For example, he regularly litigates and lectures on questions of federal patent law. Mr. Goldstein frequently advises clients, litigates, and consults on legislative matters relating to the First Amendment. And he regularly represents parties in questions relating to the game of poker, including its lawfulness as a matter of federal and state law. Tom's clients include plaintiffs, criminal defendants, and major corporations such as BG Group, Home Depot, Humana, IMS Health, Nike, PokerStars, POM Wonderful, and Pemex.
In addition to practicing law, Tom founded, and is the publisher of, SCOTUSblog, which in 2013 became the only weblog ever to receive the Peabody Award for excellence in electronic media. It also won the 2013 Society of Professional Journalists (Sigma Delta Chi) prize for deadline reporting for its coverage of the Supreme Court’s healthcare ruling. In 2010, it became the first blog to receive the American Bar Association’s Silver Gavel Award for fostering the American public’s understanding of law and the legal system.
Tom has been repeatedly recognized as a leading member of the bar. In 2010, The National Law Journal named him one of the 40 most influential lawyers of the decade; Tom notably was ten years younger than any other law firm partner listed. Legal Times named him one of the “90 Greatest Washington Lawyers of the Last 30 Years” and praised him for “transforming the practice” of law before the Supreme Court. He is also included in both of the National Law Journal’s most recent lists of the nation’s 100 most influential lawyers (2006 and 2013). He has been repeatedly recognized as one of the nation’s top appellate advocates. GQ Magazine named him one of the 50 most powerful people in Washington, D.C.
Tom is an elected Fellow of the American Academy of Appellate Lawyers, and a member of the American Law Institute. He is involved with a number of professional organizations. He serves as the vice chair of the Amicus Committee of the ABA’s Intellectual Property Section and previously served for two years on the ABA’s Standing Committee on Amicus Curiae Briefs. In those capacities, he has authored several Supreme Court amicus briefs for the ABA. In addition, Tom serves on the boards of advisors of the Washington Legal Foundation and the Georgetown University Supreme Court Institute.
Before founding Goldstein & Howe in 1999, Tom practiced law at Boies & Schiller, LLP and at Jones Day Reavis & Pogue. Tom left the firm he founded in 2006 to create the Supreme Court Practice at Akin, Gump, Strauss, Hauer & Feld, where he also was a partner and principal co-chair of the firmwide litigation practice. He returned to what is now Goldstein & Russell in 2011.
Tom clerked for the Honorable Patricia M. Wald of the U.S. Court of Appeals for the D.C. Circuit.
Associate Professor of Law, University of Colorado Law School
Scott Moss joined CU Law School in 2007 after six years as an attorney in New York City and three years as a professor at Marquette Law School, where he was the 2007 recipient of the James D. Ghiardi Faculty Award for Outstanding Teaching, Student Body Support, and Scholarship. In New York, Professor Moss was a law clerk to U.S. District Judge Constance Baker Motley and then a plaintiff's employment lawyer at Outten & Golden LLP, the largest plaintiff-side employment law practice in the country, where he litigated individual and class action cases of discrimination, harassment, and minimum/overtime wage violations. He also has argued and briefed appeals of employment cases and has undertaken pro bono projects such as First Amendment right-to-protest litigation with the New York Civil Liberties Union, low-income worker clinics in lower Manhattan, and court-sponsored mediations for pro se litigants. Professor Moss received his J.D. (magna cum laude) in 1998 from Harvard Law School, where he was a Senior Editor of the Harvard Civil Rights-Civil Liberties Law Review; his B.A. (Economics) and M.A. (Media Studies) are from Stanford University. Professor Moss's research interests have included employment law, discrimination, constitutional law, various civil procedure rules, and economic analysis of all of the preceding topics.
B.A., Stanford
M.A., Stanford
J.D., Harvard
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Executive Vice President of Global Governance, Chief Legal Officer and Corporate Secretary, Walmart Inc.
Rachel Brand is Walmart’s executive vice president of global governance, chief legal officer, and corporate secretary. She oversees the company’s global legal, compliance, ethics, corporate governance, digital citizenship, aviation, investigative, and corporate security functions, including Walmart’s Emergency Operations Center.
Immediately before joining Walmart, Rachel served as the United States Associate Attorney General and holds the distinction of being the first woman to serve in this role. She had previously served in the U.S. Department of Justice as the Assistant Attorney General for the Office of Legal Policy during President George W. Bush’s administration. Her other government service includes an appointment by President Obama to serve as a Member of the U.S. Privacy and Civil Liberties Oversight Board, service as an Associate Counsel to the President at the White House, and judicial clerkships with Justice Charles Fried of the Supreme Judicial Court of Massachusetts and Justice Anthony Kennedy at the Supreme Court of the United States. In the private sector, Rachel was a lawyer in private practice at two law firms in Washington, D.C. and served as the Vice President and Chief Counsel for Regulatory Litigation at the U.S. Chamber of Commerce Litigation Center.
Rachel serves on the board of directors for the Walmart Foundation and is the executive sponsor for Walmart’s Tribal Voices Associate Resource Group. Outside of Walmart, she serves on the board of directors for the International Justice Mission and is a member of The American Law Institute.
Rachel earned her Bachelor of Arts degree from the University of Minnesota-Morris and her J.D. from Harvard Law School.
William Nelson Cromwell Professor of Law, Yale School of Law
Stephen L. Carter is the William Nelson Cromwell Professor of Law at Yale Law School, where he has been a member of the faculty since 1982. Among his recent courses are Contracts, Evidence, Law and Religion, the Ethics of War, Slavery and the Law, and Libertarian Legal Theory. He is the author of fifteen books, including, among others, The Violence of Peace: America’s Wars in the Age of Obama (2010); God’s Name in Vain: The Wrongs and Rights of Religion in Politics (2000); Civility: Manners, Morals, and the Etiquette of Democracy (1998); The Dissent of the Governed: A Meditation on Law, Religion, and Loyalty (1998); The Confirmation Mess: Cleaning up the Federal Appointments Process (1994); and The Culture of Disbelief: How American Law and Politics Trivialize Religious Devotion (1993). His most recent volume, published in 2018, is Invisible: The Forgotten Story of the Black Woman Lawyer who Took Down America’s Biggest Mobster. He recently delivered the W. E. B. Du Bois Lectures at Harvard, which he is writing up for publication.
Professor Carter is also the author of six novels, including The Emperor of Ocean Park, which spent eleven weeks on the New York Times bestseller list, and The Impeachment of Abraham Lincoln, a fictional account of a trial of Lincoln in the Senate for high crimes and misdemeanors. In addition to his scholarship, he has published hundreds of opinion pieces. He was a long-time columnist for the Daily Beast and currently writes regularly for Bloomberg, mainly about law, but also about ethics and about popular culture. In addition, he formerly blogged about professional football for the Washington Post.
Professor Carter is a graduate of Stanford University and Yale Law School. He served as a law clerk for Justice Thurgood Marshall at the United States Supreme Court, and earlier for Judge Spottswood W. Robinson, III, of the United States Court of Appeals for the District of Columbia Circuit. He was the interviewer for Justice Marshall’s official oral history. Among the prizes Professor Carter’s work has received are the Louisville-Grawemeyer Award in Religion, the Anisfield-Wolf Award for Fiction, and the Paul M. Bator Award. He has also served on the Pulitzer Prize fiction jury. Professor Carter is a fellow of several learned societies and a life member of the American Law Institute. He is a trustee of the Aspen Institute, where for fifteen years he moderated seminars. He has received eight honorary degrees.
George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law
John O. McGinnis is a graduate of Harvard College and Harvard Law School where he was an editor of the Harvard Law Review. He also has an MA degree from Balliol College, Oxford, in philosophy and theology. Professor McGinnis clerked on the U.S. Court of Appeals for the District of Columbia. From 1987 to 1991, he was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. He is the author of Accelerating Democracy: Transforming Government Through Technology (Princeton 2013) and Originalism and the Good Constitution (Harvard 2013) (with M. Rappaport). He is a past winner of the Paul Bator award given by the Federalist Society to an outstanding academic under 40. He has been listed by the United States on the roster of panelists who may be called upon to decide World Trade Organization Disputes.
Associate Justice, United States Supreme Court
Founding Partner, Boyden Gray & Associates
Ambassador C. Boyden Gray is the founding partner of Boyden Gray & Associates, a law and strategy firm in Washington, D.C., focused on constitutional and regulatory issues.
Mr. Gray worked in the White House for twelve years, first as counsel to the Vice President during the Reagan administration and then as White House Counsel to President George H.W. Bush. In the Reagan administration, he was Counsel to the Presidential Task Force on Regulatory Relief, for which he wrote the original Executive Order 12291 requiring cost-benefit analysis and White House review of regulations (later renumbered as current EO 12866). In the George H.W. Bush Administration, Mr. Gray was in charge of judicial selection and was also instrumental in the enactment of the Clean Air Act Amendments of 1990, the Energy Policy Act of 1992, and a cap-and-trade system for acid rain emissions. In 1993, he received the Presidential Citizens Medal. Under President George W. Bush, Mr. Gray was U.S. Ambassador to the European Union and U.S. Special Envoy to Europe for Eurasian Energy.
Mr. Gray practiced law for 25 years at the law firm of Wilmer, Cutler & Pickering and was chairman of the Administrative Law and Regulatory Practice Section of the American Bar Association from 2000 to 2002. Early in his career, Mr. Gray helped to develop the Business Roundtable and served as its first counsel. He is an adjunct professor at Antonin Scalia Law School and a former adjunct professor at NYU Law School (teaching energy and environmental law). Mr. Gray is on the Board of Directors of the Atlantic Council, the Federalist Society, Reason Foundation, and the Trust for the National Mall.
Mr. Gray earned his A.B. magna cum laude from Harvard, where he was an editor of the Crimson, and his J.D. with high honors from the University of North Carolina at Chapel Hill, where he was editor-in-chief of the Law Review. Mr. Gray served in the United States Marine Corps, and after law school, he clerked for Earl Warren, Chief Justice of the United States Supreme Court.
Executive Vice President of Global Governance, Chief Legal Officer and Corporate Secretary, Walmart Inc.
Rachel Brand is Walmart’s executive vice president of global governance, chief legal officer, and corporate secretary. She oversees the company’s global legal, compliance, ethics, corporate governance, digital citizenship, aviation, investigative, and corporate security functions, including Walmart’s Emergency Operations Center.
Immediately before joining Walmart, Rachel served as the United States Associate Attorney General and holds the distinction of being the first woman to serve in this role. She had previously served in the U.S. Department of Justice as the Assistant Attorney General for the Office of Legal Policy during President George W. Bush’s administration. Her other government service includes an appointment by President Obama to serve as a Member of the U.S. Privacy and Civil Liberties Oversight Board, service as an Associate Counsel to the President at the White House, and judicial clerkships with Justice Charles Fried of the Supreme Judicial Court of Massachusetts and Justice Anthony Kennedy at the Supreme Court of the United States. In the private sector, Rachel was a lawyer in private practice at two law firms in Washington, D.C. and served as the Vice President and Chief Counsel for Regulatory Litigation at the U.S. Chamber of Commerce Litigation Center.
Rachel serves on the board of directors for the Walmart Foundation and is the executive sponsor for Walmart’s Tribal Voices Associate Resource Group. Outside of Walmart, she serves on the board of directors for the International Justice Mission and is a member of The American Law Institute.
Rachel earned her Bachelor of Arts degree from the University of Minnesota-Morris and her J.D. from Harvard Law School.
William Nelson Cromwell Professor of Law, Yale School of Law
Stephen L. Carter is the William Nelson Cromwell Professor of Law at Yale Law School, where he has been a member of the faculty since 1982. Among his recent courses are Contracts, Evidence, Law and Religion, the Ethics of War, Slavery and the Law, and Libertarian Legal Theory. He is the author of fifteen books, including, among others, The Violence of Peace: America’s Wars in the Age of Obama (2010); God’s Name in Vain: The Wrongs and Rights of Religion in Politics (2000); Civility: Manners, Morals, and the Etiquette of Democracy (1998); The Dissent of the Governed: A Meditation on Law, Religion, and Loyalty (1998); The Confirmation Mess: Cleaning up the Federal Appointments Process (1994); and The Culture of Disbelief: How American Law and Politics Trivialize Religious Devotion (1993). His most recent volume, published in 2018, is Invisible: The Forgotten Story of the Black Woman Lawyer who Took Down America’s Biggest Mobster. He recently delivered the W. E. B. Du Bois Lectures at Harvard, which he is writing up for publication.
Professor Carter is also the author of six novels, including The Emperor of Ocean Park, which spent eleven weeks on the New York Times bestseller list, and The Impeachment of Abraham Lincoln, a fictional account of a trial of Lincoln in the Senate for high crimes and misdemeanors. In addition to his scholarship, he has published hundreds of opinion pieces. He was a long-time columnist for the Daily Beast and currently writes regularly for Bloomberg, mainly about law, but also about ethics and about popular culture. In addition, he formerly blogged about professional football for the Washington Post.
Professor Carter is a graduate of Stanford University and Yale Law School. He served as a law clerk for Justice Thurgood Marshall at the United States Supreme Court, and earlier for Judge Spottswood W. Robinson, III, of the United States Court of Appeals for the District of Columbia Circuit. He was the interviewer for Justice Marshall’s official oral history. Among the prizes Professor Carter’s work has received are the Louisville-Grawemeyer Award in Religion, the Anisfield-Wolf Award for Fiction, and the Paul M. Bator Award. He has also served on the Pulitzer Prize fiction jury. Professor Carter is a fellow of several learned societies and a life member of the American Law Institute. He is a trustee of the Aspen Institute, where for fifteen years he moderated seminars. He has received eight honorary degrees.
George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law
John O. McGinnis is a graduate of Harvard College and Harvard Law School where he was an editor of the Harvard Law Review. He also has an MA degree from Balliol College, Oxford, in philosophy and theology. Professor McGinnis clerked on the U.S. Court of Appeals for the District of Columbia. From 1987 to 1991, he was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. He is the author of Accelerating Democracy: Transforming Government Through Technology (Princeton 2013) and Originalism and the Good Constitution (Harvard 2013) (with M. Rappaport). He is a past winner of the Paul Bator award given by the Federalist Society to an outstanding academic under 40. He has been listed by the United States on the roster of panelists who may be called upon to decide World Trade Organization Disputes.
Associate Justice, United States Supreme Court
The Sotomayor Nomination, Part II
Louis Michael Seidman, Wendy Long, Matthew J. Franck, Thomas C. Goldstein, Scott Moss, David R. Stras, Edward Whelan
On May 26, President Obama nominated Sonia Sotomayor to replace David Souter as an Associate...
Panel III: Confirmation Battles and Presidential Nominations
Nan Aron, Rachel L. Brand, Stephen L. Carter, John O. McGinnis, Sonia Sotomayor
The Federalist Society's Student Division presented this panel at the 2009 Annual Student Symposium on...
Panel III: Confirmation Battles and Presidential Nominations
2009 National Student Symposium
New Haven, CTJudicial Confirmations Debate Transcript
Nan Aron, C. Boyden Gray
Transcript of Judicial Confirmations debate on February 20, 2003, between Hon. C. Boyden Gray of...