Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Partner, Kirkland and Ellis, LLP
John O'Quinn is a Partner in Kirkland's Washington, D.C. office. His practice focuses on litigation, including intellectual property disputes, commercial litigation, regulatory issues arising from or likely to lead to litigation, and other complex litigation matters at both the trial and appellate levels. He has extensive argument experience before both trial and appellate courts, and has argued in most of the U.S. Courts of Appeals, including the D.C. Circuit and the Federal Circuit. Mr. O'Quinn has been to trial multiple times, where he has examined expert and fact witnesses. Representative clients include Apple, Boeing, B. Braun Medical, Charter Communications, C.R. Bard, POET LLC, Siemens, and Teva Pharmaceuticals.
From 2006 to 2009, Mr. O'Quinn served in the United States Department of Justice. As Deputy Associate Attorney General, he was responsible for helping to oversee much of the government's civil litigation and reviewing proposed settlements of multi-million dollar civil cases brought by or against the government. As the Deputy Assistant Attorney General for the Federal Programs Branch of the Civil Division, Mr. O'Quinn supervised over 100 attorneys charged with defending the constitutionality of federal statutes and regulations, representing the diplomatic and national security interests of the United States in court, and conducting significant Title VII, personnel, social security, Medicare and Medicaid-related litigation. Mr. O'Quinn worked with counsel from virtually every federal agency on complex civil litigation matters and personally directed significant cases defending the government's interests, arguing more than 20 cases in federal court. In February of 2009, Mr. O'Quinn was awarded the Office of the Secretary of Defense Medal for Exceptional Public Service for his leadership in defending the Department of Defense in lawsuits challenging the detention and trial of enemy combatants captured abroad by United States Armed Forces.
Mr. O'Quinn was previously an associate with Kirkland from 2003 to 2006. While on leave from the Firm, he served as special counsel to the United States Senate Committee on the Judiciary for the nomination of Chief Justice Roberts. Prior to joining the Firm, Mr. O'Quinn was a law clerk for Justice Antonin Scalia of the U.S. Supreme Court and Judge David Sentelle of the U.S. Court of Appeals for the D.C. Circuit.
While at Kirkland, Mr. O'Quinn has also provided legal counseling and representation for individuals and organizations on a pro bono basis, including arguing a habeas petition on behalf of a defendant convicted of capital murder, and submitting FOIA requests on behalf of a civil rights organization.
Director of Law & Policy, Environmental Integrity Project
Following Princeton and the University of Chicago Law School, David began practicing law at Paul, Weiss, Rifkind, Wharton & Garrison. Eventually tiring of litigation where the result was a wire transfer from Entity A to Entity B, in the early 1990’s David began his environmental law career at the Massachusetts Attorney General’s Office. Since then, he has litigated dozens of cases under all of the major environmental statutes including, as Sierra Club’s Chief Climate Counsel, initiating and managing Massachusetts v. EPA. Most recently, he has been busy challenging FERC’s permitting of natural gas pipelines and LNG export terminals. Apart from litigation, David has helped lead efforts on both greenhouse gas regulation and global warming legislation (and may be the only person ever invited to testify by both Barbara Boxer and James Inhofe).
He has drafted a range of federal climate legislation, advised states as to their greenhouse gas regulatory authority (and for many years has represented environmental groups defending state GHG regulations from dormant Commerce Clause challenges). David has designed and taught courses on “Environmental Litigation” at Georgetown University Law Center and “Environmental Law and Science” at the William and Mary Law School/Virginia Institute of Marine Science.
Judge, United States Court of Appeals, Sixth Circuit
John K. Bush is a Circuit Judge on the United States Court of Appeals for the Sixth Circuit. His chambers are in Louisville, Kentucky. Prior to joining the court, Judge Bush was a partner in the Louisville office of Bingham Greenebaum Doll LLP, where he also was co-chair of the firm’s litigation department. He began his legal practice in the Washington, D.C. office of Gibson Dunn & Crutcher LLP.
Judge Bush served as a law clerk for Judge J. Smith Henley of the United States Court of Appeals for the Eighth Circuit. He was graduated summa cum laude from Vanderbilt University in 1986, and cum laude from Harvard Law School in 1989.
United States Attorney, Eastern District of California
Mr. Grant was appointed by Attorney General Pam Bondi to serve as the United States Attorney for the Eastern District of California beginning on August 11, 2025. Pursuant to 28 U.S.C. § 546(d), he was further appointed by the district court effective December 9, 2025.
Mr. Grant is a veteran of the Department of Justice, having served twice in Washington, D.C.: from 1991 to 1993 as an Attorney-Adviser in the Office of Legal Counsel, and from 2017 to 2021 as a Deputy Assistant Attorney General in the Environment and Natural Resources Division (ENRD). During his tenure at ENRD, he supervised more than a hundred Department litigators advancing the interests of the United States and its agencies in both enforcement and defensive matters, both civil and criminal.
In addition to his service in the Department, Mr. Grant has decades of experience in private practice in Washington, D.C. and Sacramento. That experience includes arguments in the U.S. Supreme Court, the California Supreme Court, and numerous other federal and state courts.
Mr. Grant served as a law clerk to Chief Justice Warren E. Burger (retired) and Associate Justice Clarence Thomas during the Supreme Court’s October 1994 Term. Earlier he served as a law clerk to Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit in Houston, Texas.
Mr. Grant grew up in Modesto, California and raised his family in Sacramento County. He attended the University of California, Berkeley, from which he earned a bachelor’s degree in economics (1986) and a law degree (1990).
Emeritus Dean and Professor of Law, Lewis & Clark Law School
Professor Huffman joined the law school faculty in 1973, was appointed Acting Dean in 1993 and Dean in 1994, and returned to full time teaching in 2006. Born in Fort Benton, Montana, Jim graduated from Montana State University, the Fletcher School of Law and Diplomacy at Tufts University, and the University of Chicago Law School. He has been a visiting professor at Auckland University in New Zealand, the University of Oregon, the University of Athens in Greece and Universidad Francisco Marroquin in Guatemala. He was also a fellow at the Humane Studies Institute and a Distinguished Bradley Scholar at the Heritage Foundation. Jim serves on the boards of the National Crime Victims Law Institute, the Foundation for Research on Economics and the Environment, the Classroom Law Project, and the Rocky Mountain Mineral Law Foundation. He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. He is a member of the Montana Bar Association and is admitted to practice before the United States Court of Appeals for the Federal Circuit and the United States Supreme Court. He is the author of more than 100 articles and chapters on a wide array of legal topics.
Senior Fellow, Ave Maria School of Law and Host of the Four Boxes Diner Second Amendment Channel
Mark W. Smith is Visiting Fellow in Pharmaceutical Public Policy and Law in the Department of Pharmacology at the University of Oxford; Presidential Scholar and a Senior Fellow in Law and Public Policy at The King’s College; and Distinguished Scholar and Senior Fellow of Law and Public Policy at the Ave Maria School of Law.
He is a constitutional attorney and Host of the Four Boxes Diner YouTube channel—which provides scholarly and historical analyses of the Second Amendment. Mark is also a New York Times bestselling author.
Director of Law & Policy, Environmental Integrity Project
Following Princeton and the University of Chicago Law School, David began practicing law at Paul, Weiss, Rifkind, Wharton & Garrison. Eventually tiring of litigation where the result was a wire transfer from Entity A to Entity B, in the early 1990’s David began his environmental law career at the Massachusetts Attorney General’s Office. Since then, he has litigated dozens of cases under all of the major environmental statutes including, as Sierra Club’s Chief Climate Counsel, initiating and managing Massachusetts v. EPA. Most recently, he has been busy challenging FERC’s permitting of natural gas pipelines and LNG export terminals. Apart from litigation, David has helped lead efforts on both greenhouse gas regulation and global warming legislation (and may be the only person ever invited to testify by both Barbara Boxer and James Inhofe).
He has drafted a range of federal climate legislation, advised states as to their greenhouse gas regulatory authority (and for many years has represented environmental groups defending state GHG regulations from dormant Commerce Clause challenges). David has designed and taught courses on “Environmental Litigation” at Georgetown University Law Center and “Environmental Law and Science” at the William and Mary Law School/Virginia Institute of Marine Science.
Judge, United States Court of Appeals, Sixth Circuit
John K. Bush is a Circuit Judge on the United States Court of Appeals for the Sixth Circuit. His chambers are in Louisville, Kentucky. Prior to joining the court, Judge Bush was a partner in the Louisville office of Bingham Greenebaum Doll LLP, where he also was co-chair of the firm’s litigation department. He began his legal practice in the Washington, D.C. office of Gibson Dunn & Crutcher LLP.
Judge Bush served as a law clerk for Judge J. Smith Henley of the United States Court of Appeals for the Eighth Circuit. He was graduated summa cum laude from Vanderbilt University in 1986, and cum laude from Harvard Law School in 1989.
United States Attorney, Eastern District of California
Mr. Grant was appointed by Attorney General Pam Bondi to serve as the United States Attorney for the Eastern District of California beginning on August 11, 2025. Pursuant to 28 U.S.C. § 546(d), he was further appointed by the district court effective December 9, 2025.
Mr. Grant is a veteran of the Department of Justice, having served twice in Washington, D.C.: from 1991 to 1993 as an Attorney-Adviser in the Office of Legal Counsel, and from 2017 to 2021 as a Deputy Assistant Attorney General in the Environment and Natural Resources Division (ENRD). During his tenure at ENRD, he supervised more than a hundred Department litigators advancing the interests of the United States and its agencies in both enforcement and defensive matters, both civil and criminal.
In addition to his service in the Department, Mr. Grant has decades of experience in private practice in Washington, D.C. and Sacramento. That experience includes arguments in the U.S. Supreme Court, the California Supreme Court, and numerous other federal and state courts.
Mr. Grant served as a law clerk to Chief Justice Warren E. Burger (retired) and Associate Justice Clarence Thomas during the Supreme Court’s October 1994 Term. Earlier he served as a law clerk to Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit in Houston, Texas.
Mr. Grant grew up in Modesto, California and raised his family in Sacramento County. He attended the University of California, Berkeley, from which he earned a bachelor’s degree in economics (1986) and a law degree (1990).
Emeritus Dean and Professor of Law, Lewis & Clark Law School
Professor Huffman joined the law school faculty in 1973, was appointed Acting Dean in 1993 and Dean in 1994, and returned to full time teaching in 2006. Born in Fort Benton, Montana, Jim graduated from Montana State University, the Fletcher School of Law and Diplomacy at Tufts University, and the University of Chicago Law School. He has been a visiting professor at Auckland University in New Zealand, the University of Oregon, the University of Athens in Greece and Universidad Francisco Marroquin in Guatemala. He was also a fellow at the Humane Studies Institute and a Distinguished Bradley Scholar at the Heritage Foundation. Jim serves on the boards of the National Crime Victims Law Institute, the Foundation for Research on Economics and the Environment, the Classroom Law Project, and the Rocky Mountain Mineral Law Foundation. He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. He is a member of the Montana Bar Association and is admitted to practice before the United States Court of Appeals for the Federal Circuit and the United States Supreme Court. He is the author of more than 100 articles and chapters on a wide array of legal topics.
Senior Fellow, Ave Maria School of Law and Host of the Four Boxes Diner Second Amendment Channel
Mark W. Smith is Visiting Fellow in Pharmaceutical Public Policy and Law in the Department of Pharmacology at the University of Oxford; Presidential Scholar and a Senior Fellow in Law and Public Policy at The King’s College; and Distinguished Scholar and Senior Fellow of Law and Public Policy at the Ave Maria School of Law.
He is a constitutional attorney and Host of the Four Boxes Diner YouTube channel—which provides scholarly and historical analyses of the Second Amendment. Mark is also a New York Times bestselling author.
Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Director of Law & Policy, Environmental Integrity Project
Following Princeton and the University of Chicago Law School, David began practicing law at Paul, Weiss, Rifkind, Wharton & Garrison. Eventually tiring of litigation where the result was a wire transfer from Entity A to Entity B, in the early 1990’s David began his environmental law career at the Massachusetts Attorney General’s Office. Since then, he has litigated dozens of cases under all of the major environmental statutes including, as Sierra Club’s Chief Climate Counsel, initiating and managing Massachusetts v. EPA. Most recently, he has been busy challenging FERC’s permitting of natural gas pipelines and LNG export terminals. Apart from litigation, David has helped lead efforts on both greenhouse gas regulation and global warming legislation (and may be the only person ever invited to testify by both Barbara Boxer and James Inhofe).
He has drafted a range of federal climate legislation, advised states as to their greenhouse gas regulatory authority (and for many years has represented environmental groups defending state GHG regulations from dormant Commerce Clause challenges). David has designed and taught courses on “Environmental Litigation” at Georgetown University Law Center and “Environmental Law and Science” at the William and Mary Law School/Virginia Institute of Marine Science.
Judge, United States Court of Appeals, Sixth Circuit
John K. Bush is a Circuit Judge on the United States Court of Appeals for the Sixth Circuit. His chambers are in Louisville, Kentucky. Prior to joining the court, Judge Bush was a partner in the Louisville office of Bingham Greenebaum Doll LLP, where he also was co-chair of the firm’s litigation department. He began his legal practice in the Washington, D.C. office of Gibson Dunn & Crutcher LLP.
Judge Bush served as a law clerk for Judge J. Smith Henley of the United States Court of Appeals for the Eighth Circuit. He was graduated summa cum laude from Vanderbilt University in 1986, and cum laude from Harvard Law School in 1989.
United States Attorney, Eastern District of California
Mr. Grant was appointed by Attorney General Pam Bondi to serve as the United States Attorney for the Eastern District of California beginning on August 11, 2025. Pursuant to 28 U.S.C. § 546(d), he was further appointed by the district court effective December 9, 2025.
Mr. Grant is a veteran of the Department of Justice, having served twice in Washington, D.C.: from 1991 to 1993 as an Attorney-Adviser in the Office of Legal Counsel, and from 2017 to 2021 as a Deputy Assistant Attorney General in the Environment and Natural Resources Division (ENRD). During his tenure at ENRD, he supervised more than a hundred Department litigators advancing the interests of the United States and its agencies in both enforcement and defensive matters, both civil and criminal.
In addition to his service in the Department, Mr. Grant has decades of experience in private practice in Washington, D.C. and Sacramento. That experience includes arguments in the U.S. Supreme Court, the California Supreme Court, and numerous other federal and state courts.
Mr. Grant served as a law clerk to Chief Justice Warren E. Burger (retired) and Associate Justice Clarence Thomas during the Supreme Court’s October 1994 Term. Earlier he served as a law clerk to Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit in Houston, Texas.
Mr. Grant grew up in Modesto, California and raised his family in Sacramento County. He attended the University of California, Berkeley, from which he earned a bachelor’s degree in economics (1986) and a law degree (1990).
Emeritus Dean and Professor of Law, Lewis & Clark Law School
Professor Huffman joined the law school faculty in 1973, was appointed Acting Dean in 1993 and Dean in 1994, and returned to full time teaching in 2006. Born in Fort Benton, Montana, Jim graduated from Montana State University, the Fletcher School of Law and Diplomacy at Tufts University, and the University of Chicago Law School. He has been a visiting professor at Auckland University in New Zealand, the University of Oregon, the University of Athens in Greece and Universidad Francisco Marroquin in Guatemala. He was also a fellow at the Humane Studies Institute and a Distinguished Bradley Scholar at the Heritage Foundation. Jim serves on the boards of the National Crime Victims Law Institute, the Foundation for Research on Economics and the Environment, the Classroom Law Project, and the Rocky Mountain Mineral Law Foundation. He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. He is a member of the Montana Bar Association and is admitted to practice before the United States Court of Appeals for the Federal Circuit and the United States Supreme Court. He is the author of more than 100 articles and chapters on a wide array of legal topics.
Senior Fellow, Ave Maria School of Law and Host of the Four Boxes Diner Second Amendment Channel
Mark W. Smith is Visiting Fellow in Pharmaceutical Public Policy and Law in the Department of Pharmacology at the University of Oxford; Presidential Scholar and a Senior Fellow in Law and Public Policy at The King’s College; and Distinguished Scholar and Senior Fellow of Law and Public Policy at the Ave Maria School of Law.
He is a constitutional attorney and Host of the Four Boxes Diner YouTube channel—which provides scholarly and historical analyses of the Second Amendment. Mark is also a New York Times bestselling author.
Washington State Department of Licensing v. Cougar Den Inc. - Post-Decision
Thomas F. Gede
On March 19, 2019, the Supreme Court decided Washington State Department of Licensing v. Cougar...
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John C. O'Quinn, Jason M. Wilcox
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Originally Speaking: Climate Change and Common Law Public Nuisance
Originally Speaking is a written debate series that approaches a contemporary topic from diverse perspectives. The...
Climate Change Nuisance Suits
2018 National Lawyers Convention
Washington, DCClimate Change Nuisance Suits
David Bookbinder, John K. Bush, Eric Grant, James L. Huffman, Mark W. Smith
Should climate change responsibility be evaluated in the courts or by the elected policymaking branches?...
Climate Change Nuisance Suits
David Bookbinder, John K. Bush, Eric Grant, James L. Huffman, Mark W. Smith
Should climate change responsibility be evaluated in the courts or by the elected policymaking branches?...
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Robert G. Natelson
Note from the Editor: This article argues that, in aggregating applications from states to call...
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To what extent should the courts be involved in directing the federal government’s response to...
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Andrew Cook
States continued to enact meaningful civil liability reforms throughout 2016. Part I of this paper...