Partner, Latham & Watkins LLP
Gregory Garre is a partner in the Washington, D.C. office of Latham & Watkins and Global Chair of the firm's Supreme Court and Appellate Practice Group. He recently served as the 44th Solicitor General of the United States. As Solicitor General, he was the federal government's top lawyer before the Supreme Court and was responsible for overseeing the government's litigation in the federal appellate courts. Prior to his nomination by the President and unanimous confirmation as Solicitor General by the Senate, he served as Principal Deputy Solicitor General from 2005 to 2008, and then as Acting Solicitor General. In addition, he served as an Assistant to the Solicitor General from 2000 to 2004. He is the only person to have held all of those positions within the Office of the Solicitor General.
Mr. Garre has argued 29 cases before the Supreme Court, including two cases during the current term, and has served as counsel of record in hundreds of cases before the Court. During the past term, he won each of the cases he argued as Solicitor General, including the landmark case of Ashcroft v. Iqbal, which clarified the gateway requirements for civil litigation in the federal courts, as well as FCC v. Fox Television Stations, and Winter v. NRDC. He has also argued and briefed cases involving a wide array of other nationally important matters, including in the areas of administrative law, alien tort statute, antitrust, business and employment law, education, environmental law, First Amendment, intellectual property, international law, media and telecommunications, separation of powers and voting rights.
Mr. Garre has also successfully argued numerous cases before the federal courts of appeals, including some of the most significant cases heard by the appellate courts in recent years. And, as Acting Solicitor General, he successfully argued on behalf of the government in the first adversarial appeal heard by the Foreign Intelligence Surveillance Court of Review in its 30-year history.
Mr. Garre has received numerous awards for his public service, including the Attorney General's Medallion for his service as Solicitor General and the Navy's Distinguished Public Service Award-the Navy's highest civilian honor-for his successful argument in Winter v. NRDC, which secured a path-marking Supreme Court ruling overturning an order that restrained critically important naval exercises. He has also received the Attorney General's Distinguished Service Award, the Attorney General's Award for Excellence in Furthering Interests of US National Security, and additional honors from the Department of Justice for his work on nationally important litigation matters.
In November 2009, Mr. Garre was named to Washingtonian Magazine's list of top Supreme Court lawyers. In 2006, he was named to The American Lawyer's "Fab 50" list of top litigators under the age of 45 expected to be "leading the field for years to come." And in 2005, he was named to Chambers USA's list of leading appellate litigators in Washington, D.C.
Mr. Garre received his JD degree with high honors from the George Washington University Law School, where he served as editor-in-chief of the law review and was selected to Order of the Coif, and his BA degree cum laude from Dartmouth College, where he was a Rufus Choate Scholar. Following his graduation from law school, he served as a law clerk to Chief Justice William H. Rehnquist, and to Judge Anthony J. Scirica of the United States Court of Appeals for the Third Circuit.
Mr. Garre is a member of the advisory board of the Georgetown University Law School Supreme Court Institute and of the Edward Coke Appellate Inn of Court. He has taught constitutional law and Supreme Court practice for many years at the George Washington University Law School. He has testified before Congress and speaks frequently on issues related to the Supreme Court and appellate practice.
Litigation Associate, Weil, Gotshal & Manges LLP
Jill Jacobson is an Appeals and Strategic Counseling and Complex Commercial Litigation associate at Weil, Gotshal & Manges LLP. She is a former law clerk to Judge Aileen M. Cannon on the District Court for the Southern District of Florida and a future law clerk to Judge Elizabeth L. Branch on the Court of Appeals for the Eleventh Circuit.
Jill a fellow emeritus at the Independent Women's Law Center and a Senior Contributor at Young Voices. She has also been a Litigation Contractor at the Institute for Justice. She holds a J.D. from Boston College Law School and a Masters from Northeastern University.
Senior Litigation Counsel, New Civil Liberties Alliance
Peggy Little, Senior Counsel at New Civil Liberties Alliance, a new public interest law firm challenging the administrative state founded in 2017 by Professor Philip Hamburger, has over three decades of experience as a trial and appellate litigator in complex, high-stakes regulatory, mass-tort, class-action, products liability, securities, commercial and civil rights litigation representing individuals and high-profile litigants including Fortune 50 companies, financial institutions, public companies, and universities in state and federal courts, including the United States Supreme Court.
Peggy is a graduate of Yale College and Yale Law School, where she was awarded the Potter Stewart Prize. She was a law clerk to the Hon. Ralph K. Winter on the U.S. Court of Appeals for the Second Circuit. Prior to starting her own trial and appellate law firm in 1997, where she was appellate consulting counsel to the New Haven firefighters in Ricci v.DeStefano, a landmark 2009 United States Supreme Court decision, Peggy was a partner at Tyler, Cooper & Alcorn in New Haven, Connecticut. From 2004 to early 2018, Peggy directed, part-time, the Federalist Society Pro Bono Center.
Peggy has participated in many national conferences and symposia addressing issues of current importance in constitutional law – specifically state and federal constitutional questions regarding the separation of powers and the first amendment – and regularly speaks, blogs and publishes on the topic of the unconstitutional exercise of governmental power. In May of 2017, she presented her paper, Pirates at the Parchment Gates, to a conference of state and federal judges at the Law and Economics Center at the Antonin Scalia Law School. Her work has been published by law reviews, legal publications, the Federalist Society, the Wall Street Journal, Law and Liberty and the Manhattan Institute.
Recent publications include: How the SEC silences its critics, The SEC should listen to Sen. Cotton, Lucia v. SEC, Opening Salvos in the Opioid Litigation Wars, Straight Dope on the Opioid Crisis
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Vice President for the Program on Technology, Criminal Justice and Civil Liberties, Lincoln Network
Arthur Rizer is the Vice President for the Program on Technology, Criminal Justice and Civil Liberties at Lincoln Network. In addition to his work at Lincoln, Arthur is a visiting lecturer at University College London, and an adjunct professor at George Mason University’s Antonin Scalia Law School. Arthur is also a member of Columbia University Justice Lab’s Executive Session for the Future of Justice Policy, the Federalist Society’s Executive Committee of the Criminal Law Practice Group, the Virginia Advisory Committee to the U.S. Commission on Civil Rights, and other advisory bodies.
Before joining Lincoln, Arthur was founding director of the R Street Institute’s program on criminal justice and civil liberties. Prior to that, Arthur taught at West Virginia University’s College of Law, and was a visiting professor at Georgetown University Law Center. He also served as a trial attorney with the U.S. Justice Department, primarily as a federal prosecutor in the Criminal Division, where he targeted command-and-control drug cartel leaders and narco-terrorists. He also served as a prosecutor in the U.S. Attorney’s Office for the Southern District of California and in the civil division. Earlier in his career, Arthur served in the U.S. Army, originally enlisting as a private before later receiving a commission. He served as an armor officer, later becoming the commander of a military police company and a Reserve Officers’ Training Corps assistant professor. He deployed to Fallujah, Iraq, with the mission to train the Iraqi Infantry and served as an MP acting battalion commander and executive officer. He retired as a lieutenant colonel from the U.S. Army (WVNG). During his Army career, Arthur received the Bronze Star, Purple Heart, Meritorious Service and Iraq Campaign medals.
Arthur is the author of three books: Lincoln’s Counsel (2010); The National Security Implications of Immigration Law (2013); and Jefferson’s Pen: The Art of Persuasion (2016).
Arthur earned his bachelor’s degree in political science from Pacific Lutheran University; a master of laws, with distinction, from Georgetown University’s Law Center; and his JD, magna cum laude, from Gonzaga University School of Law. He is also a graduate of the U.S. Marine Corps’ Command Staff College. He is in the final stages of a doctorate at the University of Oxford, Faculty of Law, Centre of Criminology that focuses on policing.
Professor of History, Western Connecticut State University
Kevin R. C. Gutzman is the New York Times best-selling author of five books, including the new Thomas Jefferson—Revolutionary: A Radical’s Struggle to Remake America, a History Book Club Selection. Gutzman is Professor and former Chairman in the Department of History at Western Connecticut State University and a faculty member at LibertyClassroom.com . He holds a bachelor's degree (With Honors and With Special Honors in History), a master of public affairs degree, and a law degree from the University of Texas at Austin, as well as an MA and a PhD in American history from the University of Virginia.
Dr. Gutzman's first book was the New York Times best-seller The Politically Incorrect Guide to the Constitution, which was a Main Selection of the Conservative Book Club. It is the only Jeffersonian account of American constitutional history. His second book, Virginia’s American Revolution: From Dominion to Republic, 1776-1840, explores the issue what the Revolutionaries made of the Revolution in Thomas Jefferson’s home state. After that, he co-authored Who Killed the Constitution? The Federal Government vs. American Liberty from World War I to Barack Obama with New York Times best-selling author Thomas E. Woods, Jr. His fourth book, James Madison and the Making of America, a Main Selection of the History Book Club, received positive reviews from The Wall Street Journal, The Journal of Southern History, The Washington Times, and numerous other publications. His latest book, Thomas Jefferson—Revolutionary: A Radical’s Struggle to Remake America, published on January 31, 2017, was a Selection of the History Book Club.
Gutzman's essay “Lincoln as Jeffersonian: The Colonization Chimera” appeared in Lincoln Emancipated: The President and the Politics of Race, and his “James Madison and Ratification: A Triumph Over Adversity” appeared in A Companion to James Madison and James Monroe. His scholarly articles have appeared in The Journal of Southern History, The Journal of the Early Republic, The Virginia Magazine of History and Biography, The Review of Politics, and The Journal of the Historical Society, among other publications. He has written a hundred book reviews for outlets scholarly and popular, and he has contributed three dozen essays to historical encyclopedias. Gutzman has written for numerous popular magazines and newspapers, including Canada’s National Post, the San Antonio Express-News, and the Richmond Times-Dispatch, among others.
Kevin R. C. Gutzman has appeared on hundreds of radio programs, such as NPR’s “Backstory With the American History Guys” and many of the most prominent commercial programs, terrestrial and satellite, as well as on national television programs including C-SPAN 2's “BookTV,” CNN's “Lou Dobbs Tonight,” Fox News's “The Glenn Beck Program” (both with Beck and with Judge Andrew Napolitano), and NewsMax TV, besides on the BBC and several local television broadcasts. He has been interviewed by reporters from major outlets such as the AP, The Washington Times, The Philadelphia Enquirer, The Washington Post, The Hartford Business Journal, The Houston Chronicle online, Investor's Business Daily, Money Magazine, Connecticut Magazine, and The New York Times, among others.
Gutzman was a featured expert in the documentary movies “John Marshall: Citizen, Statesman, Jurist” and “Nullification: The Rightful Remedy.”
Professor of Law, American University Washington College of Law
Robert L. Tsai is Professor of Law at American University and a prize-winning essayist in constitutional law and history. Though he was born in Taiwan, he has always considered America his home. In fact, one of the proudest moments of his life was the day he was sworn in as a U.S. citizen. Tsai spent his formative years in the Pacific Northwest, working in his parents’ cafe in charming Port Townsend, Washington, and dreaming about the world beyond his small town. He left the area for college and earned a B.A. magna cum laude in History and Political Science from the University of California, Los Angeles, where he was elected to Phi Beta Kappa and received the Carey McWilliams Prize for his honors thesis on the political significance of early Christian teachings.
He then headed to Yale Law School, where he helped edit the Yale Law Journal, served on the Board of the Morris Tyler Moot Court, and was awarded Honorable Mention for Oral Advocacy as a Harlan Fiske Stone Prize Finalist. After graduating from law school, he learned the intricacies of America’s justice system by working as a law clerk for federal judges in New York and Boston: U.S. District Judge Denny Chin (later appointed by President Obama to the U.S. Court of Appeals for the Second Circuit) and U.S. Court of Appeals Judge Hugh H. Bownes (a Carter appointee who passed away in 2003).
After two years of judicial tutelage, Tsai relocated to the South to become a civil rights lawyer in Georgia. Those exhilarating years working with students, clergy, protesters, prisoners, and the homeless left a lasting impression. His first teaching gig was at the University of Oregon Law School, where he earned tenure, along with awards for teaching and research from the law school and the university.
Tsai is the author of three books, Practical Equality: Forging Justice in a Divided Nation (W.W. Norton Feb. 19, 2019), America’s Forgotten Constitutions: Defiant Visions of Power and Community (Harvard 2014), and Eloquence and Reason: Creating a First Amendment Culture (Yale 2008). Practical Equality, which will be published by W.W. Norton in February 2019, is a call to arms to do the hard work of equality, brimming with historical lessons for how to make social progress in tough times. America’s Forgotten Constitutions, which explores how citizens have written a wide range of alternative constitutions to resist mainstream constitutional law, has been called “captivating,” “magisterial,” and “a remarkable feat of excavation.” Eloquence and Reason, his book on the development of America’s free speech values, has been described as “fresh,” “sophisticated,” and “compelling.”
Tsai’s research spans constitutional law, legal history, democratic theory, American political culture, social movements, criminal procedure, presidential leadership, and radical constitutionalism. He has written about the legal obstacles placed in the way of black civil rights activists, President Franklin Roosevelt and freedom of religion, the philosophy of John Brown and his followers, modern white supremacy and the militia movement, the Republic of New Afrika’s ideas about the Constitution, the historical treatment of migrants, early socialism in America, the rise and fall of the “one world” movement, President Obama’s reversal on same-sex marriage, and ideas of equality in the poetry and fiction of Langston Hughes.
His work has been published by the Journal of American History, Contemporary Political Theory, Constitutional Commentary, Perspectives on Politics, Yale Law Journal, Michigan Law Review, Georgetown Law Journal, Washington University Law Review, and Boston University Law Review. His popular essays have appeared in Los Angeles Review of Books, Boston Globe, Washington Post, Politico, Boston Review, and Slate. He has been interviewed by the New York Times, NPR, and CNN. He lives with his family in Washington, D.C.
Communications Director, Tenth Amendment Center
Michael Maharrey serves as the national communications director for the Tenth Amendment Center and the managing editor of the SchiffGold blog. He hosts his own podcast, Thoughts from Maharrey Head, as well as the Friday Gold Wrap podcast and the It’s Your Dime interview series for SchiffGold.
Michael is the author of three books. Our Last Hope – Rediscovering the Lost Path to Liberty, makes the historical, philosophical and moral case for nullification. Smashing Myths: Understanding Madison’s Notes on Nullification digs deep into James Madison’s views on nullification, focusing on his writing’s later in life. Finally, Michael joined Tenth Amendment Center executive director Michael Boldin in penning Nullification Objections: Dismantling the Opposition, a book that takes apart the common objections to nullification one at a time. He’s also penned several e-books, including The Power of No: The Historical and Constitutional Basis for State Nullification to Limit Federal Powe and Its Practical Application, The Constitution and the Report of 1800, and The Jefferson Letters, Vol. 1: Kentucky and Virginia Resolutions.
Michael earned a degree in Mass Communications and Media Studies from the University of South Florida St. Petersburg. As a non-traditional student, he won several academic awards and was a member of the school’s ethics bowl team that placed eighth in the nation. Mike played for the USF ice hockey team at the ripe old age of 40, earning American Collegiate Hockey Association Academic All-American honors. He also holds a B.S. degree in Accounting from the University of Kentucky. Along with his formal schooling, he’s had the opportunity to associate with and study under some of the top academics in constitutional history and our founding principles.
Michael speaks at events across the United States, and frequently appears as a guest on local, national and international radio shows advancing constitutional fidelity and liberty through decentralization.
As a working journalist, Michael has written and reported for several newspapers, including the St. Petersburg Times and the Kentucky Gazette, covering local and state politics, and sports. Mike won a pair of 2009 Kentucky Press Association awards while serving as the sports editor for the Woodford Sun in 2009. He also worked for a local television news outlet writing web content for the station’s award-winning website.
Michael lives in Lexington, Ky., with his beautiful wife Cynthia, and has two daughters and a son. Although a native Kentuckian, he spent much of his adult life in Florida and considers the Sunshine state his adopted home. In his spare time, he still plays ice hockey and is equally passionate about defending the Constitution and his crease.
Senior Editor, Reason magazine and Reason.com
Damon Root is a senior editor of Reasonmagazine and Reason.com, where he writes about legal affairs, politics, and history. He is the author of Overruled: The Long War for Control of the U.S. Supreme Court (Palgrave Macmillan).
Root was awarded the R.C. Hoiles Prize for Journalism in 2011 for his writing on eminent domain abuse in New York. His July 2010Reason cover story, "Conservatives v. Libertarians: The debate over judicial activism divides former allies," was nominated for a 2010 Los Angeles Press Club award for best magazine feature or commentary.
Root's writing on the 14th Amendment has been cited in the Georgetown Journal of Law & Public Policy, his reporting on eminent domain has been cited in the Fordham Urban Law Journal, and his work on federalism and gay marriage has been cited in theColumbia Law Review. His 2007 essay on NAACP co-founder Moorfield Storey was recommended inRace & Liberty in America: The Essential Reader (University Press of Kentucky).
Root's writing has appeared in the New York Post, New York Daily News, Chicago Sun-Times,Washington Times, WallStreetJournal.com, New York Press, Cato Policy Report, and other publications.
Root has spoken before audiences at the New York Civil Liberties Union, Columbia University, and the Cato Institute and has appeared on the Fox Business Channel, New York Public Radio, SIRIUS Satellite Radio, and other media outlets.
Root is a graduate of Columbia University, where he received a B.A. in history. He lives in New York's Hudson Valley.
Vice President of Law & Policy, Property and Environment Research Center
Jonathan Wood is vice president of law and policy at the Property and Environment Research Center (PERC). An attorney, Jonathan has litigated environmental and property-rights cases in the Supreme Court of the United States, federal and state appellate courts, and trial courts across the country. His writing has appeared in the Wall Street Journal, Washington Post, National Review, Reason, and other outlets. And his research has been published in journals such as Environmental Law Reporter, Yale Journal on Regulation Notice & Comment, Pace Environmental Law Review, and California Western Law Review.
Prior to coming to PERC, Jonathan was a senior attorney at Pacific Legal Foundation, where he litigated cases concerning the Endangered Species Act, Clean Water Act, and other federal environmental laws. He was co-counsel for forest landowners in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, in which the Supreme Court ruled unanimously that private land could not be arbitrarily regulated as critical habitat under the ESA. He also led a successful effort to reform regulation of threatened species to better align the incentives of private landowners with the interests of rare species.
Jonathan has testified before several congressional committees on wildlife conservation and endangered species topics. He has also appeared on national television and radio, including NPR’s All Things Considered, C-Span’s Washington Journal, Stossel, Fox News, and Hill.TV.
Jonathan has a law degree from the New York University School of Law, a masters degree in economic policy from the London School of Economics, and a bachelor’s degree in economics from the University of Texas. He is on the executive committee for the Federalist Society’s Environmental Law and Property Rights Practice Group and a steering committee member for the Environmental Law Institute’s Emerging Leaders Initiative.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Litigation Update: Powell v. SEC
Gregory G. Garre, Jill Jacobson, Margaret A. Little
The SEC’s “Gag Rule” long conditioned settlement of enforcement actions on the defendant's agreeing never...
Remembering Manny Klausner
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Two Useful Pieces of Commentary on Net Neutrality
Net Neutrality has been a cyber holy grail pursued by those that believe it is...
Jacobson v. Massachusetts [SCOTUSbrief]
Josh Blackman
When a smallpox outbreak swept through the town of Cambridge, Massachusetts in 1903, Rev. Henning...
The Evolution of Modern Use-of-Force Policies and the Need for Professionalism in Policing
Arthur Rizer, Emily Mooney
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What Is a Constitutional Crisis? Would You Know it if We Were in One?
Kevin R.C Gutzman, Robert L. Tsai, Michael Maharrey
Is the United States experiencing a constitutional crisis--or multiple crises? How would we even know...
Christie v. NCAA [SCOTUSbrief]
Damon Root
Does a federal law against sports betting prohibit the state of New Jersey from legalizing...
Christie v. NCAA: Anti-Commandeering or Bust
Jonathan Wood, Ilya Shapiro
Note from the Editor: This article argues that the Supreme Court should find unconstitutional the...
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Meet Clint Bolick, Libertarian Lawyer Turned Arizona Supreme Court Justice
New judicial appointee and Federalist Society member Clint Bolick tells reason.com: ...I've really seen some...
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Eminent Domain and Race
Eminent domain is in the news again because of ever-controversial presidential candidate Donald Trump's remarks that the condemnation...