Partner, Sidley Austin LLP
BRADFORD A. BERENSON is a litigator in the Washington, D.C., office whose practice focuses on the defense of white collar criminal cases, investigations by government agencies and congressional committees, and other civil or constitutional matters that present unusual legal, public relations, or political risks. He has defended criminal cases at every stage of development, from internal investigations and grand jury proceedings through trials, sentencings, and appeals. Mr. Berenson’s practice has included criminal matters in the fraud, environmental, health care, pharmaceutical, and public corruption areas. In addition, Mr. Berenson served as a consultant to Independent Counsel David M. Barrett in the prosecution of former HUD Secretary Henry Cisneros. He has also handled a variety of civil and appellate cases in federal court.
From January 2001 through January 2003, Mr. Berenson served as Associate Counsel to the President of the United States. In the White House, he worked on a wide variety of legal, legislative and policy issues associated with the Bush Administration’s relations with Congress, its justice and domestic policy initiatives, and the war on terrorism. These included judicial selection, responses to congressional oversight and investigations, the USA Patriot Act, the Military Order authorizing the use of military commissions, detainee and anti-terrorism litigation, presidential action against terrorist financing, and the creation of the new Department of Homeland Security.
Mr. Berenson has also provided commentary on legal matters in the mainstream media, publishing articles in the Wall Street Journal, Los Angeles Times and Washington Times and making appearances on news and public affairs programming on ABC, NBC, CBS, PBS, NPR, CNN and Fox News Channel. He was a consultant to ABC News in connection with the departures of Chief Justice Rehnquist and Justice O’Connor from the Supreme Court and the nominations of Chief Justice Roberts, Harriet Miers and Justice Alito.
Mr. Berenson holds a B.A., summa cum laude, from Yale University, and a J.D., magna cum laude, from Harvard Law School, where he was Supreme Court editor of the Harvard Law Review. Following graduation, he clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and Justice Anthony M. Kennedy of the United States Supreme Court.
Partner, McGuireWoods LLP
Andrew is a former Supreme Court clerk for Justice Sandra Day O’Connor and a former federal prosecutor with more than 25 years of experience in civil and criminal litigation. He represents clients in federal and state courts in complex civil litigation and in rulemaking and investigations before numerous federal and state agencies, including the Department of Justice, Environmental Protection Agency, Federal Trade Commission, Federal Election Commission, Federal Communications Commission and state attorneys general.
Professor from Practice, Georgetown University Law Center
Adjunct Scholar and Former Director, Project On Criminal Justice, Cato Institute
Tim Lynch is an attorney specializing in criminal law, constitutional law, and civil liberties. He is an adjunct scholar at the Cato Institute and the former director of Cato’s Project on Criminal Justice. His research interests include all aspects of constitutional criminal procedure, overcriminalization, the drug war, and police and prosecutorial misconduct. In 2000, he served on the National Committee to Prevent Wrongful Executions. Lynch also prepares amicus briefs before appellate courts and the U.S. Supreme Court in cases involving constitutional rights. He is the editor of In the Name of Justice: Leading Experts Reexamine the Classic Article “The Aims of the Criminal Law” and After Prohibition: An Adult Approach to Drug Policies in the 21st Century.
Lynch has published a variety of articles in both the law journals and in opinion pieces for the New York Times, the Washington Post, the Wall Street Journal, the Los Angeles Times, and other newspapers. He has appeared on The PBS NewsHour, NBC Nightly News, ABC World News Tonight, and C-SPAN’s Washington Journal. Lynch is a member of the Virginia, District of Columbia, and Supreme Court bars. He earned both a BS and a JD from Marquette University.
Mr. Lynch can be reached via his personal website.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Professor, University of Hawai'i - Manoa
Davianna Pomaika'i McGregor is a Professor and founding member of the Ethnic Studies Department at UH-Manoa. She is a historian of Hawai'i and the Pacific. Davianna grew up in the ahupua'a of Kaiwi'ula in the Kapalama district of O'ahu and spent her summers with grandparents in Waiakea, Hilo, Hawai'i. She currently resides on O'ahu and Moloka'i. As a member of the Protect Kaho'olawe 'Ohana she helps to steward the lands of Kaho'olawe - Kohemalamalama O Kanaloa.
Her ongoing research endeavors have focused on documenting the persistence of traditional Hawaiian cultural customs, beliefs, and practices in rural Hawaiian communities, including the island of Moloka'i; the districts of Puna and Ka'u on Hawai'i; Ke'anae-Wailuanui on Maui and Waiahole-Waikane on O'ahu. This work is featured in her UH Press book, 2007, Na Kua'aina: Living Hawaiian Culture.
In 2006 she conducted studies which resulted in the following technical reports: Hurricane Evacuation Behavior Study for Guam and the Commonwealth of the Northern Marianas for the U.S. Army Corps of Engineers with Jon Matsuoka, December 31, 2006.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Former United States Attorney General
Jeff Sessions served as the 84th Attorney General of the United States from February 9, 2017 until November 7, 2018.
Prior to becoming Attorney General, Mr. Sessions served as a United States Senator for Alabama since 1996. As a United States Senator, he focused his energies on maintaining a strong military, upholding the rule of law, limiting the role of government, and providing tax relief to stimulate economic growth and to empower Americans to keep more of their hard-earned money.
Mr. Sessions was born in Selma, Alabama on December 24, 1946, and grew up in Hybart, the son of a country store owner. Growing up in the country, Sessions was instilled with certain core values – honesty, hard work, belief in God and parental respect – that define him today. In 1964, he became an Eagle Scout and thereafter received the Distinguished Eagle Scout Award. After attending school in nearby Camden, Sessions attended Huntingdon College in Montgomery, graduating with a Bachelor of Arts degree in 1969. He received a Juris Doctorate degree from the University of Alabama in 1973. Sessions served in the United States Army Reserve from 1973 to 1986, ultimately attaining the rank of Captain. He still considers that period to be one of the most rewarding chapters of his life.
Sessions’ interest in the law led to a distinguished legal career, first as a practicing attorney in Russellville, Alabama, and then in Mobile. Following a two-year stint as Assistant United States Attorney for the Southern District of Alabama (1975-1977), Sessions was nominated by President Reagan in 1981 and confirmed by the Senate to serve as the United States Attorney for the Southern District of Alabama, a position he held for 12 years. Sessions was elected Alabama Attorney General in 1995, serving as the State’s chief legal officer until 1996, when he entered the United States Senate.
Sessions and his wife, Mary Blackshear Sessions, originally of Gadsden, Alabama, have three children, Mary Abigail Reinhardt, Ruth Sessions Walk, and Sam. They have seven granddaughters, Jane Ritchie, Alexa, Gracie, Sophia, Hannah, Joanna, and Phoebe, and three grandsons, Jim Beau, Lewis, and Nicholas.
Chief Justice, Florida Supreme Court
Justice Charles Canady was born in Lakeland, Florida, in 1954. He is married to Jennifer Houghton, and they have two children. He received his B.A. from Haverford College in 1976 and his J.D. from the Yale Law School in 1979.
Justice Canady practiced law with the firm of Holland and Knight in Lakeland from 1979 through 1982. He practiced with the firm of Lane, Trohn, et al., from 1983 through 1992.
From November 1984 to November 1990, Justice Canady served three terms in the Florida House of Representatives, and from January 1993 to January 2001, he served four terms in the United States House of Representatives. Throughout his service in Congress, Justice Canady was a member of the House Judiciary Committee. For three terms, from January 1995 to January 2001, Justice Canady was the Chairman of the House Judiciary Subcommittee on the Constitution.
Upon leaving Congress, Justice Canady became General Counsel to Governor Jeb Bush. He was appointed by Governor Bush to the Second District Court of Appeal for a term beginning November 20, 2002.
On August 28, 2008, Justice Canady was appointed to the Florida Supreme Court by Governor Charlie Crist and took office on September 8, 2008. He served as Chief Justice from July 2010 through June 2012. In March 2018, he was elected by his colleagues to serve as Chief Justice for a second time, with his two-year term starting July 1, 2018, and a third time starting July 1, 2020.
Partner, Gibson Dunn & Crutcher
Douglas R. Cox is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and Vice-Chair of the firm's Crisis Management Practice Group. He practices in the areas of constitutional and general commercial litigation, appellate law, and governmental matters.
Mr. Cox has represented numerous clients in litigation before federal and state trial and appellate courts. He played a principal role in the firm's successful representation of the prevailing candidate before the Supreme Court of the United States in Bush v. Palm Beach County Canvassing Board and Bush v. Gore, stemming from the 2000 presidential election, and in other cases before the Supreme Court involving equal protection, voting rights and election law, the scope of the jury trial right under the Seventh Amendment, and other constitutional and statutory issues.
Mr. Cox successfully represented the National Association of Securities Dealers ("NASD") in a series of trial and appellate matters, including DL Capital Group, LLC v. Nasdaq Stock Market, Inc., 409 F.3d 93 (2d Cir. 2005) and Sparta Surgical Corp. v. NASD, 159 F.3d 1209 (9th Cir. 1998).
Mr. Cox frequently represents accounting firms in a variety of matters, including matters involving the SEC and PCAOB. He also has substantial experience representing clients before congressional investigating committees.
Mr. Cox previously served for five years during the Reagan and Bush Administrations in the Justice Department's Office of Legal Counsel, becoming Principal Deputy Assistant Attorney General during the Bush Administration. In that Office, he provided legal advice to Executive Branch departments; resolved legal disputes on behalf of the Attorney General between Executive Branch departments; prepared formal opinions of the Attorney General; drafted and issued opinions on legal issues of importance to the Executive Branch; and advised Congress as to the constitutionality of pending legislation.
From 1981 through 1987, Mr. Cox practiced in New York City with a national firm, representing major corporations in state and federal courts. His practice focused on intellectual property, securities, and international tax litigation.
Mr. Cox received his law degree, cum laude, from Harvard Law School in 1980, where he served as Editor-in-Chief of the Harvard Journal of Law and Public Policy from 1979-1980. He received his undergraduate degree in history, magna cum laude, from Princeton University in 1977. He attended Oxford University on a Knox Scholarship in 1980-1981.
In 2005, Chief Justice Rehnquist appointed Mr. Cox to serve as a member of the Judicial Conference Standing Committee on Rules of Practice and Procedure. In 2008 he was reappointed by Chief Justice Roberts.
Boumediene v. Bush
Bradford A. Berenson, Andrew G. McBride, Martin S. Lederman, Tim Lynch
Boumediene v. Bush arises on a writ of habeas corpus filed on behalf of Lakmar...
Akaka Bill Debate
Roger B. Clegg, Jon Dyke, Gail L. Heriot, Davianna McGregor
Proposed by U.S. Senator Daniel Akaka (D-HI), the Akaka Bill, also known as the Native Hawaiian Government...
Gay Marriage in the State Courts: New Jersey
Publius
Gay marriage litigation continues to occur in several states. On October 25, 2006 the Supreme...
John Eastman Reviews "Narrowing the Nation's Power: The Supreme Court Sides With the States" - By Judge John T. Noonan
John C. Eastman
Even before opening Judge John T. Noonan, Jr.’s latest book, Narrowing the Nation’s Power: The...
Engage Volume 4, Issue 2, October 2003
ADMINISTRATIVE LAW & REGULATION The Benefits and Costs of Sound Economics: The “Clear Skies” Dilemma...
Engage Volume 3, Issue 3, October 2002
ADMINISTRATIVE LAW & REGULATION Restoring Congress’ Proper Role in Oversight of Covert Intelligence Operations by...
Reflections on Judicial Independence
Jefferson B. Sessions
Before I address judicial independence, I want to recognize the tremendous contribution that the Federalist...
Municipal Liability Under Section 1983: The Importance of State Law
Daniel W. Nelson
During the October 1996 term, the Supreme Court handed down two cases involving municipal liability...
The Civil Rights Act of 1997
Charles T. Canady
On June 17, 1997, I introduced the Civil Rights Act of 1997 (H.R. 1909) in...
Clinton v. Jones: Are Presidents "Temporarily Immune" from Suit Based Upon Their Unofficial Acts?
Douglas R. Cox
An alleged 1991 encounter between Paula Corbin Jones, an Arkansas state employee, and then-Governor Bill...