Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
McCormick Professor of Jurisprudence; Director, James Madison Program, Princeton University
Robert P. George is McCormick Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions at Princeton University. He has several times been a Visiting Professor at Harvard Law School. He has served as Chairman of the U.S. Commission on International Religious Freedom and on the U.S. Commission on Civil Rights and the President’s Council on Bioethics. He has also served as the U.S. member of UNESCO’s World Commission on the Ethics of Scientific Knowledge and Technology. He was a Judicial Fellow at the Supreme Court of the United States, where he received the Justice Tom C. Clark Award. A Phi Beta Kappa graduate of Swarthmore, he holds the degrees of J.D. and M.T.S. from Harvard University and the degrees of D.Phil., B.C.L., D.C.L., and D.Litt. from Oxford University, in addition to twenty-one honorary doctorates. He is a recipient of the U.S. Presidential Citizens Medal, the Honorific Medal for the Defense of Human Rights of the Republic of Poland, the Canterbury Medal of the Becket Fund for Religious Liberty, the Bradley Prize, the Irving Kristol Award of the American Enterprise Institute, and Princeton University’s President’s Award for Distinguished Teaching. His books include Making Men Moral: Civil Liberties and Public Morality and In Defense of Natural Law (both published by Oxford University Press), as well as The Clash of Orthodoxies and Conscience and Its Enemies (both published by ISI Books).
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
Partner, Boies Schiller Flexner LLP
Eric is an appellate and trial litigator who represents plaintiffs and defendants in high-stakes litigation and regulatory matters. His practice focuses on constitutional law, government regulation, antitrust, and class actions. A former United States Supreme Court clerk, Special Counsel to the United States Senate Judiciary Committee, and Deputy Attorney General for the state of Alabama, Eric’s experience serving at the highest levels of state and federal government informs every aspect of his approach to litigation and regulatory issues.
Eric has briefed and argued high-stakes appeals and dispositive motions in a variety of state and federal courts and briefed multiple matters at the United States Supreme Court. He has served as lead or co-lead counsel in regulatory, constitutional, and consumer-protection suits, including a pathbreaking suit challenging the Department of Commerce’s regulations governing census apportionment. Eric’s experience ranges across wide variety of substantive areas, including antitrust, civil rights, criminal law, energy, insurance, healthcare, securities and corporate law, defamation and privacy law, Indian law, gambling regulation, and international judgment enforcement.
Before joining the firm, Eric was a law clerk to the Hon. Samuel A. Alito at the United States Supreme Court and Chief Judge William H. Pryor at the Eleventh Circuit. Eric also served as a special counsel to Senator Lindsey Graham in his capacity as chairman of the Senate Judiciary Committee and as a Deputy Attorney General and the Assistant Solicitor General for the State of Alabama.
Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
McCormick Professor of Jurisprudence; Director, James Madison Program, Princeton University
Robert P. George is McCormick Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions at Princeton University. He has several times been a Visiting Professor at Harvard Law School. He has served as Chairman of the U.S. Commission on International Religious Freedom and on the U.S. Commission on Civil Rights and the President’s Council on Bioethics. He has also served as the U.S. member of UNESCO’s World Commission on the Ethics of Scientific Knowledge and Technology. He was a Judicial Fellow at the Supreme Court of the United States, where he received the Justice Tom C. Clark Award. A Phi Beta Kappa graduate of Swarthmore, he holds the degrees of J.D. and M.T.S. from Harvard University and the degrees of D.Phil., B.C.L., D.C.L., and D.Litt. from Oxford University, in addition to twenty-one honorary doctorates. He is a recipient of the U.S. Presidential Citizens Medal, the Honorific Medal for the Defense of Human Rights of the Republic of Poland, the Canterbury Medal of the Becket Fund for Religious Liberty, the Bradley Prize, the Irving Kristol Award of the American Enterprise Institute, and Princeton University’s President’s Award for Distinguished Teaching. His books include Making Men Moral: Civil Liberties and Public Morality and In Defense of Natural Law (both published by Oxford University Press), as well as The Clash of Orthodoxies and Conscience and Its Enemies (both published by ISI Books).
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
Partner, Boies Schiller Flexner LLP
Eric is an appellate and trial litigator who represents plaintiffs and defendants in high-stakes litigation and regulatory matters. His practice focuses on constitutional law, government regulation, antitrust, and class actions. A former United States Supreme Court clerk, Special Counsel to the United States Senate Judiciary Committee, and Deputy Attorney General for the state of Alabama, Eric’s experience serving at the highest levels of state and federal government informs every aspect of his approach to litigation and regulatory issues.
Eric has briefed and argued high-stakes appeals and dispositive motions in a variety of state and federal courts and briefed multiple matters at the United States Supreme Court. He has served as lead or co-lead counsel in regulatory, constitutional, and consumer-protection suits, including a pathbreaking suit challenging the Department of Commerce’s regulations governing census apportionment. Eric’s experience ranges across wide variety of substantive areas, including antitrust, civil rights, criminal law, energy, insurance, healthcare, securities and corporate law, defamation and privacy law, Indian law, gambling regulation, and international judgment enforcement.
Before joining the firm, Eric was a law clerk to the Hon. Samuel A. Alito at the United States Supreme Court and Chief Judge William H. Pryor at the Eleventh Circuit. Eric also served as a special counsel to Senator Lindsey Graham in his capacity as chairman of the Senate Judiciary Committee and as a Deputy Attorney General and the Assistant Solicitor General for the State of Alabama.
Professor of History, Georgia Southern University
Johnathan O'Neill is Professor of History at Georgia Southern University. Professor O’Neill is the author of Originalism in American Law and Politics: A Constitutional History (2005) and Conservative Thought and American Constitutionalism Since the New Deal (2023).
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.
Plenary Panel 1: Justice Alito's Impact on Statutory Interpretation
Charles J. Cooper, Robert P. George, Gregory G. Katsas, Eric M. Palmer
Justice Alito’s statutory interpretation jurisprudence reflects a sustained commitment to textual analysis, structural coherence, and...
Plenary Panel 1: Justice Alito's Impact on Statutory Interpretation
Charles J. Cooper, Robert P. George, Gregory G. Katsas, Eric M. Palmer
Justice Alito’s statutory interpretation jurisprudence reflects a sustained commitment to textual analysis, structural coherence, and...
Justice Scalia’s Legacy After 10 Years - OC
Orange County Lawyer Chapter
Irvine, CATopics
Using Originalism to Attack Mass Incarceration: A Review of Rachel Barkow’s Justice Abandoned
It is a singular fact of life in America that with five percent of the...
Topics
The Equal Rights Amendment: Is It the 28th Amendment?
On Friday, January 17, then-President Joe Biden stated his opinion that “the Equal Rights Amendment...
Topics
The Comstock Act: Why Federal Mail-Order Abortion Rules Are the Next Abortion Battleground
Since the Supreme Court overruled Roe v. Wade in 2022, there has been debate about...
Topics
2024 Joseph Story Award Winner: UVA Law Professor Aditya Bamzai
The Federalist Society is delighted to announce that the winner of the 2024 Joseph Story...
Topics
Department of Veterans Affairs Rule Doubles Down on Abortion
On March 4, 2024, the Department of Veterans Affairs (VA) finalized “without changes” an interim...
A Deeper Originalism: From Court-Centered Jurisprudence to Constitutional Self-Government
Johnathan O'Neill
Originalism has substantially reoriented constitutional discourse since it first reemerged in response to the Warren...
Topics
HHS Proposes Facilitating Abortions and Medical “Gender Transitions” for Unaccompanied Children
On October 4, 2023, the U.S. Department of Health and Human Services’ Administration for Children...