Partner, Arnold & Porter
John Elwood is the head of Arnold & Porter’s Appellate and Supreme Court practice. He has argued before the Supreme Court nine times, and appeared before most of the federal courts of appeals. He has successfully argued cases across a broad cross-section of subjects, with particular experience in environmental law, the False Claims Act, government contracting, and federal criminal law
Mr. Elwood’s work has earned him recognition as one of Washington’s top Supreme Court lawyers (Washingtonian, 2013), as one of “a small group of lawyers” with an “outsized influence at the U.S. Supreme Court” (Reuters, 2014), and as one of the country’s most innovative lawyers (Financial Times, 2014). Chambers USA reports that “[t]he much-admired John Elwood is praised for his advocacy skills” (2013), and describes Mr. Elwood as “phenomenal” (2014), “incredibly talented” (2012), and “a much-loved and widely respected lawyer who is quick on his feet” (2010).
Before joining the firm, Mr. Elwood served in senior-level positions in the U.S. Department of Justice. Beginning as an Assistant to the Solicitor General, and continuing with the firm, he has briefed more than 20 merits cases before the Supreme Court of the United States, and has briefed approximately 135 cases at the certiorari stage. As the senior Deputy in the Office of Legal Counsel, he advised the White House and federal agencies on a range of constitutional, statutory, and regulatory issues.
U.S. Court of Appeals, Seventh Circuit
Frank H. Easterbrook is a judge of the United States Court of Appeals for the Seventh Circuit and a Senior Lecturer at the Law School of the University of Chicago. He was Chief Judge from 2006–2013. Before joining the court in 1985, he was the Lee andBrena Freeman Professor of Law at the University of Chicago, where he taught and wrote in antitrust, securities, corporate law, jurisprudence, and criminal procedure. He has published The Economic Structure of Corporate Law (with Daniel R. Fischel) and about 100 scholarly articles. He served as Co-Editor of the Journal of Law and Economics from 1982 to 1991 and as a member of the Judicial Conference’s Standing Committee on Rules of Practice and Procedure from 1991 to 1997. Before joining the faculty of the Law School in 1979, Judge Easterbrook was Deputy Solicitor General of the United States. He holds degrees from Swarthmore College (B.A. with high honors, 1970) and the University of Chicago (J.D. cum laude, 1973), and is a member of the American Academy of Arts and Sciences, the American Law Institute, the Mont Pelerin Society, Phi Beta Kappa, and the Order of the Coif.
Alexander M. Bickel Professor of Public Law, Yale Law School
Degrees from Davidson College, B.A. summa cum laude, 1973; Harvard University, M.A., 1974; Yale Law School, J.D, 1978. Clerked for Edward Weinfeld, 1978-79; Attorney at Shea & Gardner, 1979-82; Law Professor since 1982, tenured at Georgetown and Yale, visiting professor at Stanford, NYU, Toronto, Harvard, Columbia, Penn, Fordham, Vanderbilt. Author of casebooks on legislation and sexuality, gender and law, as well as monographs on statutory interpretation and the rights of sexual and gender minorities. Author of dozens of articles, by one empirical count a top ten most cited law professors.
Senior Counsel, Covington & Burling LLP and Founder & Chair, Common Good
Philip K. Howard is a well-known leader of government and legal reform in America. He is Chair of Common Good and a bestselling author, and has advised both parties on needed reforms. In his new book, Not Accountable (Rodin Books, 2023), he argues that public employee unions undermine democratic governance and should be unconstitutional.
Philip is the author of the bestseller The Death of Common Sense (Random House, 1995), The Collapse of the Common Good (Ballantine Books, 2002), Life Without Lawyers (W.W. Norton, 2009), The Rule of Nobody (W.W. Norton, 2014), and Try Common Sense (W.W. Norton, 2019). His commentaries are published frequently in major media outlets.
In 2002, Philip formed Common Good, a nonpartisan coalition dedicated to simplifying laws so that Americans can use common sense in daily choices. His 2010 TED Talk has been viewed by more than 750,000 people. His 2015 report, “Two Years, Not Ten Years,” exposed the economic and environmental costs of delayed infrastructure approvals, and its proposals have since been incorporated into federal law. Philip has appeared often on television and radio, including several times on Jon Stewart’s “The Daily Show.”
The son of a minister, Philip got his start working summers at the Oak Ridge National Laboratory for Nobel laureate Eugene Wigner. He has been active in public affairs his entire adult life. He is Senior Counsel at the law firm Covington & Burling, LLP. A graduate of Yale College and the University of Virginia Law School, Philip lives in Manhattan with his wife Alexandra. They have four children.
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
U.S. Court of Appeals, Seventh Circuit
Frank H. Easterbrook is a judge of the United States Court of Appeals for the Seventh Circuit and a Senior Lecturer at the Law School of the University of Chicago. He was Chief Judge from 2006–2013. Before joining the court in 1985, he was the Lee andBrena Freeman Professor of Law at the University of Chicago, where he taught and wrote in antitrust, securities, corporate law, jurisprudence, and criminal procedure. He has published The Economic Structure of Corporate Law (with Daniel R. Fischel) and about 100 scholarly articles. He served as Co-Editor of the Journal of Law and Economics from 1982 to 1991 and as a member of the Judicial Conference’s Standing Committee on Rules of Practice and Procedure from 1991 to 1997. Before joining the faculty of the Law School in 1979, Judge Easterbrook was Deputy Solicitor General of the United States. He holds degrees from Swarthmore College (B.A. with high honors, 1970) and the University of Chicago (J.D. cum laude, 1973), and is a member of the American Academy of Arts and Sciences, the American Law Institute, the Mont Pelerin Society, Phi Beta Kappa, and the Order of the Coif.
Alexander M. Bickel Professor of Public Law, Yale Law School
Degrees from Davidson College, B.A. summa cum laude, 1973; Harvard University, M.A., 1974; Yale Law School, J.D, 1978. Clerked for Edward Weinfeld, 1978-79; Attorney at Shea & Gardner, 1979-82; Law Professor since 1982, tenured at Georgetown and Yale, visiting professor at Stanford, NYU, Toronto, Harvard, Columbia, Penn, Fordham, Vanderbilt. Author of casebooks on legislation and sexuality, gender and law, as well as monographs on statutory interpretation and the rights of sexual and gender minorities. Author of dozens of articles, by one empirical count a top ten most cited law professors.
Senior Counsel, Covington & Burling LLP and Founder & Chair, Common Good
Philip K. Howard is a well-known leader of government and legal reform in America. He is Chair of Common Good and a bestselling author, and has advised both parties on needed reforms. In his new book, Not Accountable (Rodin Books, 2023), he argues that public employee unions undermine democratic governance and should be unconstitutional.
Philip is the author of the bestseller The Death of Common Sense (Random House, 1995), The Collapse of the Common Good (Ballantine Books, 2002), Life Without Lawyers (W.W. Norton, 2009), The Rule of Nobody (W.W. Norton, 2014), and Try Common Sense (W.W. Norton, 2019). His commentaries are published frequently in major media outlets.
In 2002, Philip formed Common Good, a nonpartisan coalition dedicated to simplifying laws so that Americans can use common sense in daily choices. His 2010 TED Talk has been viewed by more than 750,000 people. His 2015 report, “Two Years, Not Ten Years,” exposed the economic and environmental costs of delayed infrastructure approvals, and its proposals have since been incorporated into federal law. Philip has appeared often on television and radio, including several times on Jon Stewart’s “The Daily Show.”
The son of a minister, Philip got his start working summers at the Oak Ridge National Laboratory for Nobel laureate Eugene Wigner. He has been active in public affairs his entire adult life. He is Senior Counsel at the law firm Covington & Burling, LLP. A graduate of Yale College and the University of Virginia Law School, Philip lives in Manhattan with his wife Alexandra. They have four children.
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
Paul J. Schierl Professor of Law, University of Notre Dame Law School
Professor Richard W. Garnett teaches and writes in the areas of constitutional law, criminal law, the First Amendment, and law and religion. He is a leading authority on questions and debates regarding religious freedom and church-state relations, and is the founding director of Notre Dame Law School’s Program on Church, State, and Society.
Garnett clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold. He earned his J.D. from Yale Law School in 1995 and his B.A., summa cum laude, from Duke University in 1990. He joined the faculty in 1999 after practicing law in Washington, D.C. with Miller, Cassidy, Larroca & Lewin.
E. Claiborne Robins Distinguished Chair in Law, University of Richmond School of Law
Professor Kurt Lash teaches and writes about constitutional law. Founder and director of the Richmond Program on the American Constitution, Professor Lash has published widely on the subjects of constitutional law and constitutional history, including The Fourteenth Amendment and the Privileges or Immunities of American Citizenship (Cambridge University Press, 2014), The Lost History of the Ninth Amendment (Oxford University Press, 2009), and The American First Amendment in the Twenty-first Century: Cases and Materials(with William W. Van Alstyne) (5th ed., Foundation Press, 2014). An elected member of the American Law Institute, Professor Lash’s work has appeared in numerous legal journals including the Stanford Law Journal, Georgetown Law Journal, Virginia Law Review, andNotre Dame Law Review. He has been a visiting professor at Northwestern University School of Law and is the former director of the University of Illinois College of Law Program in Constitutional Theory, History, and Law.
Senior Fellow, Governance Studies, The Brookings Institution
Benjamin Wittes is a senior fellow in Governance Studies at The Brookings Institution. He co-founded and is the editor-in-chief of the Lawfare blog, which is devoted to sober and serious discussion of "Hard National Security Choices," and is a member of the Hoover Institution's Task Force on National Security and Law. He is the author of Detention and Denial: The Case for Candor After Guantanamo, published in November 2011, co-editor of Constitution 3.0: Freedom and Technological Change, published in December 2011, and editor of Campaign 2012: Twelve Independent Ideas for Improving American Public Policy (Brookings Institution Press, May 2012). He is also writing a book on data and technology proliferation and their implications for security. He is the author of Law and the Long War: The Future of Justice in the Age of Terror, published in June 2008 by The Penguin Press, and the editor of the 2009 Brookings book, Legislating the War on Terror: An Agenda for Reform.
His previous books include Starr: A Reassessment, published in 2002 by Yale University Press, and Confirmation Wars: Preserving Independent Courts in Angry Times, published in 2006 by Rowman & Littlefield and the Hoover Institution.
Between 1997 and 2006, he served as an editorial writer for The Washington Post specializing in legal affairs. Before joining the editorial page staff of The Washington Post, Wittes covered the Justice Department and federal regulatory agencies as a reporter and news editor at Legal Times. His writing has also appeared in a wide range of journals and magazines including The Atlantic, Slate, The New Republic, The Wilson Quarterly, The Weekly Standard, Policy Review, and First Things.
Benjamin Wittes was born in Boston, Massachusetts. He graduated from Oberlin College in 1990, and he has a black belt in taekwondo.
Senior Fellow, National Review
Bestselling author Andrew C. McCarthy is a contributing editor at National Review, a senior fellow at National Review Institute, and a Fox News contributor. He is a former Chief Assistant United States Attorney in the Southern District of New York and led the terrorism prosecution against the “Blind Sheikh” (Omar Abdel Rahman) and eleven other jihadists for conducting a war of urban terrorism against the United States that included the 1993 World Trade Center bombing and a plot to bomb New York City landmarks. During is 20-year career as a prosecutor, he received numerous honors, including the Justice Department’s highest awards. Andy speaks and writes widely on law and national security, radical Islam, politics, and culture. He has testified before Congress as an expert on issues of constitutional law, counterterrorism, and law-enforcement. He is a columnist for The Hill, and his essays and book reviews appear frequently at The New Criterion. His most recent New York Times bestselling book is Ball of Collusion (Encounter Books, 2019), about the Russiagate controversy (an updated version was published in 2020). His other books include Willful Blindness (2008), The Grand Jihad (2010), Spring Fever: The Illusion of Islamic Democracy (2012), and Faithless Execution (2014). He has also written several pamphlets in the Broadside series published by Encounter Books, most recently Islam and Free Speech (2015).
Former United States Attorney General
Michael B. Mukasey is the former Attorney General of the United States, the nation’s chief law enforcement officer. As Attorney General from November 2007 to January 2009, he oversaw the U.S. Department of Justice and advised on critical issues of domestic and international law.
From 1988 to 2006, Judge Mukasey served as a district judge in the United States District Court for the Southern District of New York, becoming Chief Judge in 2000.
From 1972 to 1976, Judge Mukasey served as an Assistant United States Attorney for the Southern District of New York, and as Chief of the Official Corruption Unit from 1975 to 1976. His practice consisted of criminal litigation on behalf of the government, including investigation and prosecution of narcotics, bank robbery, interstate theft, securities fraud, fraud on the government and bribery. From 1976 to 1987 and from 2006 to 2007 he was in private practice.
Judge Mukasey has received numerous honors, including the Federal Bar Council’s Learned Hand Medal for Excellence in Federal Jurisprudence. He served as Chairman of the Committee on Public Access to Information and Proceedings of the New York Bar Association from 1984 to 1987. He served on the Federal Courts Committee of the Association of the Bar of the City of New York from 1979 to 1982 and its Communications Law Committee from 1983 to 1986. Judge Mukasey was also a part-time lecturer at Columbia School of Law from January 1993 to May 2007, teaching trial advocacy.
He received his LL.B. from Yale Law School in 1967 and his B.A. from Columbia College in 1963.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Judge, United States Court of Appeals, Ninth Circuit
Judge O’Scannlain was appointed United States Circuit Judge for the Ninth Circuit by President Reagan on September 26, 1986. He received a J.D. degree in 1963 from Harvard Law School and a B.A. in 1957 from St. John’s University. He also earned the LL.M. (Judicial Process) degree at University of Virginia Law School in 1992. He was awarded the LL.D. (honoris causa) degree by the University of Notre Dame in 2002, the LL.D. (honoris causa) degree by Lewis & Clark College in 2003 and the LL.D. (honoris causa) degree by the University of Portland in 2011.
As a judge on the U.S. Court of Appeals for the Ninth Circuit, Judge O’Scannlain has participated in over 6,000 federal cases and has written hundreds of published opinions on a broad range of subjects including constitutional law, international law, securities law, administrative law, and criminal law. He hears appeals in San Francisco (court headquarters), as well as in Los Angeles (Pasadena), Portland, Seattle, Anchorage and Honolulu. The late Chief Justice Rehnquist appointed Judge O'Scannlain to the Federal Judicial Center's Advisory Committee on Appellate Judge Education. In 2009, Chief Justice Roberts appointed Judge O’Scannlain to the International Judicial Relations Committee of the U.S. Judicial Conference and subsequently appointed him Chairman in 2010.
President George W. Bush appointed Judge O’Scannlain to the Board of Trustees of the James Madison Memorial Fellowship Foundation in 2004. Pope Benedict XVI conferred the Order of Saint Gregory the Great on Judge and Mrs. O’Scannlain in 2007.
Judge O’Scannlain’s professional interests also include judicial administration and reform, and continuing legal education. Judge O’Scannlain is former Chair of the Judicial Division of the American Bar Association and has previously chaired the ABA’s Appellate Judges Conference, its Committee on Appellate Practice, and its 9th Appellate Practice Institute. He has testified before the Senate Judiciary Committee on several occasions, the House Judiciary Subcommittee on Courts and Intellectual Property, and the Commission on Structural Alternatives for the Federal Courts of Appeals on the subject of court reorganization. In addition to serving as a faculty member at numerous federal appellate practice seminars for judges and attorneys, including New York University Law School’s Institute for Judicial Administration, Judge O’Scannlain is an Adjunct Professor at Lewis & Clark Law School where he teaches a seminar on the Supreme Court. He has served as a Moot Court Judge at distinguished law schools across the United States including Harvard, Yale Stanford, Boalt Hall (Berkeley Law), Virginia, Cornell, Notre Dame, Fordham, Alabama, University of Southern California, King Hall (U.C. Davis) and Loyola Marymount University and in China at Xiamen and Renmin Universities.
Between graduation from Harvard and investiture as a federal judge, Judge O’Scannlain was primarily engaged in private law practice. Between 1969 and 1974, he was consecutively the Deputy Attorney General of Oregon, the Public Utility Commissioner of Oregon, and Director of the Oregon Department of Environmental Quality. He retired from the U.S. Army Reserve in 1978 as a Major after 23 years Reserve and National Guard service, including four years as an enlisted man.
A first generation Irish-American son of immigrant parents from Sligo and Derry, Judge O’Scannlain is married to the former Maura Nolan and has eight children: Sean, Jane, Brendan, Kevin, Megan, Christopher, Anne, and Kate, and nineteen grandchildren. His chambers are in the Pioneer Courthouse in Portland, Oregon.
U.S. Court of Appeals, Seventh Circuit
Frank H. Easterbrook is a judge of the United States Court of Appeals for the Seventh Circuit and a Senior Lecturer at the Law School of the University of Chicago. He was Chief Judge from 2006–2013. Before joining the court in 1985, he was the Lee andBrena Freeman Professor of Law at the University of Chicago, where he taught and wrote in antitrust, securities, corporate law, jurisprudence, and criminal procedure. He has published The Economic Structure of Corporate Law (with Daniel R. Fischel) and about 100 scholarly articles. He served as Co-Editor of the Journal of Law and Economics from 1982 to 1991 and as a member of the Judicial Conference’s Standing Committee on Rules of Practice and Procedure from 1991 to 1997. Before joining the faculty of the Law School in 1979, Judge Easterbrook was Deputy Solicitor General of the United States. He holds degrees from Swarthmore College (B.A. with high honors, 1970) and the University of Chicago (J.D. cum laude, 1973), and is a member of the American Academy of Arts and Sciences, the American Law Institute, the Mont Pelerin Society, Phi Beta Kappa, and the Order of the Coif.
Alexander M. Bickel Professor of Public Law, Yale Law School
Degrees from Davidson College, B.A. summa cum laude, 1973; Harvard University, M.A., 1974; Yale Law School, J.D, 1978. Clerked for Edward Weinfeld, 1978-79; Attorney at Shea & Gardner, 1979-82; Law Professor since 1982, tenured at Georgetown and Yale, visiting professor at Stanford, NYU, Toronto, Harvard, Columbia, Penn, Fordham, Vanderbilt. Author of casebooks on legislation and sexuality, gender and law, as well as monographs on statutory interpretation and the rights of sexual and gender minorities. Author of dozens of articles, by one empirical count a top ten most cited law professors.
Senior Counsel, Covington & Burling LLP and Founder & Chair, Common Good
Philip K. Howard is a well-known leader of government and legal reform in America. He is Chair of Common Good and a bestselling author, and has advised both parties on needed reforms. In his new book, Not Accountable (Rodin Books, 2023), he argues that public employee unions undermine democratic governance and should be unconstitutional.
Philip is the author of the bestseller The Death of Common Sense (Random House, 1995), The Collapse of the Common Good (Ballantine Books, 2002), Life Without Lawyers (W.W. Norton, 2009), The Rule of Nobody (W.W. Norton, 2014), and Try Common Sense (W.W. Norton, 2019). His commentaries are published frequently in major media outlets.
In 2002, Philip formed Common Good, a nonpartisan coalition dedicated to simplifying laws so that Americans can use common sense in daily choices. His 2010 TED Talk has been viewed by more than 750,000 people. His 2015 report, “Two Years, Not Ten Years,” exposed the economic and environmental costs of delayed infrastructure approvals, and its proposals have since been incorporated into federal law. Philip has appeared often on television and radio, including several times on Jon Stewart’s “The Daily Show.”
The son of a minister, Philip got his start working summers at the Oak Ridge National Laboratory for Nobel laureate Eugene Wigner. He has been active in public affairs his entire adult life. He is Senior Counsel at the law firm Covington & Burling, LLP. A graduate of Yale College and the University of Virginia Law School, Philip lives in Manhattan with his wife Alexandra. They have four children.
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
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.
M.B.Z. v. Clinton - Post-Argument SCOTUScast
John P. Elwood
On November 7, 2011 the Supreme Court heard oral argument in M.B.Z. v. Clinton. This case...
Showcase Panel IV: A Federal Sunset Law
Frank H. Easterbrook, William N. Eskridge, Philip K. Howard, Thomas W. Merrill, Jeffrey S. Sutton
In the years since the New Deal and the Great Society, a huge number of...
Showcase Panel IV: A Federal Sunset Law
Frank H. Easterbrook, William N. Eskridge, Philip K. Howard, Thomas W. Merrill, Jeffrey S. Sutton
In the years since the New Deal and the Great Society, a huge number of...
Showcase Panel IV: A Federal Sunset Law
2011 National Lawyers Convention
Washington, DCPOSTPONED - The Murky Border: War Powers, the Presidency, and the Congress
The Establishment Clause
Richard W. Garnett, Kurt T. Lash
Most of you don’t remember—I am embarrassed that I do—the 1988 presidential election. One day,...
An Analysis of the National Defense Authorization Bill
Benjamin Wittes
Brought to you by the International & National Security Law Practice Group The Federalist Society...
2011 James Madison Award Presentation - Prepared Remarks
Andrew McCarthy, Michael B. Mukasey
On April 25, 2011, the New York City Lawyers Chapter hosted its 25th Anniversary Dinner...
The Regulations from the Executive In Need of Scrutiny (REINS) Act
Jonathan H. Adler
Brought to you by the Administrative Law & Regulation Practice Group The Federalist Society takes no position...
Constitutional Illusions and Anchoring Truths: The Touchstone of the Natural Law by Hadley Arkes
Diarmuid F. O'Scannlain
It was her last day of testimony before the Senate Judiciary Committee, and the question...