Senior Litigation Counsel, New Civil Liberties Alliance
Jacob Huebert is Senior Litigation Counsel at the New Civil Liberties Alliance. He previously served as President and Director of Litigation of the Liberty Justice Center, where he successfully litigated cases to protect constitutional rights, including the landmark Janus v. AFSCME case, in which the U.S. Supreme Court upheld government employees’ First Amendment right to choose for themselves whether to pay money to a union. Jacob was also previously a Senior Attorney at the Goldwater Institute, where he litigated cases on free speech, property rights, and the Second Amendment.
Jacob and his work have appeared in numerous national media outlets, including the Wall Street Journal, New York Times, and Fox News Channel. He is also the author of a book, Libertarianism Today.
Jacob holds a B.A. in economics from Grove City College and a J.D. from the University of Chicago Law School. After law school, he served as a clerk to Judge Deborah Cook of the U.S. Court of Appeals for the Sixth Circuit. Jacob has served as an adjunct law professor at several law schools, teaching courses in advanced appellate advocacy, the law of payments, legal writing, and jurisprudence. Before working in public interest law, Jacob was a litigator in private practice.
Carmack Waterhouse Professor of Constitutional Law, Georgetown Law
After graduating from Harvard Law School in 1971, Professor Seidman served as a law clerk for J. Skelly Wright of the D.C. Circuit and U.S. Supreme Court Justice Thurgood Marshall. He then was a staff attorney with the D.C. Public Defender Service until joining the Law Center faculty in 1976. He teaches a variety of courses in the fields of constitutional and criminal law. He is co-author of a constitutional law casebook and the author of many articles concerning criminal justice and constitutional law. His most recent books are Silence and Freedom (Stanford 2007), Our Unsettled Constitution: A New Defense of Constitutionalism and Judicial Review (Yale 2001) and Equal Protection of the Laws (Foundation 2002).
Counsel, The Judicial Confirmation Network
Wendy Long is legal counsel to the Judicial Confirmation Network. Until March 2005, she was a litigation partner in the New York office of Kirkland & Ellis LLP. Wendy was a law clerk to U.S. Supreme Court Justice Clarence Thomas and to Judge Ralph Winter of the U.S. Court of Appeals for the Second Circuit in New York. She is a graduate of Northwestern University School of Law, cum laude and Order of the Coif, where she was articles editor of the Northwestern University Law Review, and of Dartmouth College. She previously served as a press secretary in the U.S. Senate, for former U.S. Senator Bill Armstrong (R-Colo.) and former U.S. Senator Gordon Humphrey (R-N.H.).
Partner, Goldstein & Russell PC
Thomas C. Goldstein has argued 28 cases before the Supreme Court, including matters involving federal patent law, class action practice, labor and employment, and disability law. In addition to practicing law, Tom teaches Supreme Court Litigation at Harvard Law School and taught at Stanford Law School as well from 2004-2012.
In the Supreme Court and elsewhere, Mr. Goldstein litigates and advises clients in a broad range of issues. For example, he regularly litigates and lectures on questions of federal patent law. Mr. Goldstein frequently advises clients, litigates, and consults on legislative matters relating to the First Amendment. And he regularly represents parties in questions relating to the game of poker, including its lawfulness as a matter of federal and state law. Tom's clients include plaintiffs, criminal defendants, and major corporations such as BG Group, Home Depot, Humana, IMS Health, Nike, PokerStars, POM Wonderful, and Pemex.
In addition to practicing law, Tom founded, and is the publisher of, SCOTUSblog, which in 2013 became the only weblog ever to receive the Peabody Award for excellence in electronic media. It also won the 2013 Society of Professional Journalists (Sigma Delta Chi) prize for deadline reporting for its coverage of the Supreme Court’s healthcare ruling. In 2010, it became the first blog to receive the American Bar Association’s Silver Gavel Award for fostering the American public’s understanding of law and the legal system.
Tom has been repeatedly recognized as a leading member of the bar. In 2010, The National Law Journal named him one of the 40 most influential lawyers of the decade; Tom notably was ten years younger than any other law firm partner listed. Legal Times named him one of the “90 Greatest Washington Lawyers of the Last 30 Years” and praised him for “transforming the practice” of law before the Supreme Court. He is also included in both of the National Law Journal’s most recent lists of the nation’s 100 most influential lawyers (2006 and 2013). He has been repeatedly recognized as one of the nation’s top appellate advocates. GQ Magazine named him one of the 50 most powerful people in Washington, D.C.
Tom is an elected Fellow of the American Academy of Appellate Lawyers, and a member of the American Law Institute. He is involved with a number of professional organizations. He serves as the vice chair of the Amicus Committee of the ABA’s Intellectual Property Section and previously served for two years on the ABA’s Standing Committee on Amicus Curiae Briefs. In those capacities, he has authored several Supreme Court amicus briefs for the ABA. In addition, Tom serves on the boards of advisors of the Washington Legal Foundation and the Georgetown University Supreme Court Institute.
Before founding Goldstein & Howe in 1999, Tom practiced law at Boies & Schiller, LLP and at Jones Day Reavis & Pogue. Tom left the firm he founded in 2006 to create the Supreme Court Practice at Akin, Gump, Strauss, Hauer & Feld, where he also was a partner and principal co-chair of the firmwide litigation practice. He returned to what is now Goldstein & Russell in 2011.
Tom clerked for the Honorable Patricia M. Wald of the U.S. Court of Appeals for the D.C. Circuit.
Associate Professor of Law, University of Colorado Law School
Scott Moss joined CU Law School in 2007 after six years as an attorney in New York City and three years as a professor at Marquette Law School, where he was the 2007 recipient of the James D. Ghiardi Faculty Award for Outstanding Teaching, Student Body Support, and Scholarship. In New York, Professor Moss was a law clerk to U.S. District Judge Constance Baker Motley and then a plaintiff's employment lawyer at Outten & Golden LLP, the largest plaintiff-side employment law practice in the country, where he litigated individual and class action cases of discrimination, harassment, and minimum/overtime wage violations. He also has argued and briefed appeals of employment cases and has undertaken pro bono projects such as First Amendment right-to-protest litigation with the New York Civil Liberties Union, low-income worker clinics in lower Manhattan, and court-sponsored mediations for pro se litigants. Professor Moss received his J.D. (magna cum laude) in 1998 from Harvard Law School, where he was a Senior Editor of the Harvard Civil Rights-Civil Liberties Law Review; his B.A. (Economics) and M.A. (Media Studies) are from Stanford University. Professor Moss's research interests have included employment law, discrimination, constitutional law, various civil procedure rules, and economic analysis of all of the preceding topics.
B.A., Stanford
M.A., Stanford
J.D., Harvard
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
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.
Executive Director, Justice and Society Program, The Aspen Institute
Meryl Justin Chertoff is Executive Director of The Aspen Institute’s Justice and Society Program. She directs its summer seminar in Aspen, its speaker series in New York, Washington and Aspen, and the Inclusive America Project, on religious pluralism in America. She is also an adjunct professor of law at Georgetown Law, where she teaches about state government. She is an opinion contributor for The Hill, and also writes for the Huffington Post and the Aspen Idea.
From 2006-2009, Ms. Chertoff was Director of the Sandra Day O’Connor Project on the State of the Judiciary at Georgetown Law, studying and educating the public about federal and state courts. At Georgetown Law, she developed educational programs for visiting judges and other government officials from overseas.
She served in the Office of Legislative Affairs at the Federal Emergency Management Agency (FEMA), participating in the agency’s transition into the Department of Homeland Security in 2003. Ms. Chertoff has been a legislative relations professional, Director of New Jersey’s Washington, D.C. Office under two governors, and legislative counsel to the Chair of the New Jersey State Assembly Appropriations Committee.
Her undergraduate and law degrees are from Harvard. She and her husband have two adult children.
Associate Dean and Associate Professor of Law, University of Notre Dame Law School
William K. Kelley teaches constitutional law and administrative law, and focuses on public law issues in his scholarship. He serves as Associate Dean with responsibility for coordinating special projects. During Spring 2008 semester, he will act as Associate Dean for Faculty Research. From 2005-2007, he served in the White House as Deputy Counsel to the President. In that capacity, he was responsible for advising the President of the United States on all legal matters affecting the Executive Branch. He joined the faculty in 1995 after practicing with two major law firms, and serving from 1991-1994 as assistant to the solicitor general at the Department of Justice in Washington, D.C. Professor Kelley began his legal career by serving as law clerk to the Honorable Kenneth W. Starr on the U.S. Court of Appeals for the District of Columbia Circuit (1987-88), as well as for Chief Justice Warren E. Burger and Associate Justice Antonin Scalia (1988-89). He earned his B.A. from Marquette University in 1984, where he was a member of Phi Beta Kappa, and his J.D. from Harvard Law School in 1987, where he served as Supreme Court editor of the Harvard Law Review.
William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina School of Law
William (Bill) Marshall joined the Carolina Law faculty in 2001 and serves as the William R. Kenan Jr. Distinguished Professor of Law. His teaching and research interests include the first amendment, presidential power, election law, federal jurisdiction, federal judicial selection, civil procedure, and media law. Marshall is the author of numerous book chapters, articles, and essays on free speech, separation of powers, the Establishment Clause, and the Free Exercise Clause. His work has appeared in the Harvard Law Review, the Yale Law Journal, the Supreme Court Review, and the University of Chicago Law Review, among others.
Marshall received his law degree from the University of Chicago and his undergraduate degree from the University of Pennsylvania. Marshall was Deputy Counsel to the President and Deputy Assistant to the President during the Clinton Administration and also served as the Solicitor General for the State of Ohio. He has taught at the Northwestern, Boston University, Vanderbilt, Ohio State, DePaul, Case Western Reserve, William and Mary, and the University Connecticut law schools. Prior to beginning his teaching career, Marshall was a Special Assistant Attorney General for the State of Minnesota.
Justice, Supreme Court of Alabama (Retired); Professor of Law, Belmont University College of Law?
Judge, United States Court of Appeals, Seventh Circuit
Judge Sykes was nominated to the Seventh Circuit by President George W. Bush and confirmed by the Senate in 2004. Prior to her appointment to the federal bench, Judge Sykes served as a justice on the Wisconsin Supreme Court. Governor Tommy G. Thompson appointed her in September 1999 to fill a mid-term vacancy on the state supreme court, and she was elected to a full ten-year term in April 2000. From 1992-1999, Judge Sykes served on the state trial bench in Milwaukee County (elected in 1992 and re-elected in 1998). From 1985-1992, Judge Sykes practiced law with the Milwaukee firm of Whyte & Hirschboeck, S.C., and from 1984-1985, was a law clerk to Federal Judge Terence T. Evans.
Born and raised in the Milwaukee area, Judge Sykes earned a bachelor’s degree in journalism from Northwestern University in 1980 and a law degree from Marquette University Law School in 1984. Between college and law school, Judge Sykes worked as a reporter for The Milwaukee Journal.
Judge Sykes has two sons.
Executive Director, Justice and Society Program, The Aspen Institute
Meryl Justin Chertoff is Executive Director of The Aspen Institute’s Justice and Society Program. She directs its summer seminar in Aspen, its speaker series in New York, Washington and Aspen, and the Inclusive America Project, on religious pluralism in America. She is also an adjunct professor of law at Georgetown Law, where she teaches about state government. She is an opinion contributor for The Hill, and also writes for the Huffington Post and the Aspen Idea.
From 2006-2009, Ms. Chertoff was Director of the Sandra Day O’Connor Project on the State of the Judiciary at Georgetown Law, studying and educating the public about federal and state courts. At Georgetown Law, she developed educational programs for visiting judges and other government officials from overseas.
She served in the Office of Legislative Affairs at the Federal Emergency Management Agency (FEMA), participating in the agency’s transition into the Department of Homeland Security in 2003. Ms. Chertoff has been a legislative relations professional, Director of New Jersey’s Washington, D.C. Office under two governors, and legislative counsel to the Chair of the New Jersey State Assembly Appropriations Committee.
Her undergraduate and law degrees are from Harvard. She and her husband have two adult children.
Associate Dean and Associate Professor of Law, University of Notre Dame Law School
William K. Kelley teaches constitutional law and administrative law, and focuses on public law issues in his scholarship. He serves as Associate Dean with responsibility for coordinating special projects. During Spring 2008 semester, he will act as Associate Dean for Faculty Research. From 2005-2007, he served in the White House as Deputy Counsel to the President. In that capacity, he was responsible for advising the President of the United States on all legal matters affecting the Executive Branch. He joined the faculty in 1995 after practicing with two major law firms, and serving from 1991-1994 as assistant to the solicitor general at the Department of Justice in Washington, D.C. Professor Kelley began his legal career by serving as law clerk to the Honorable Kenneth W. Starr on the U.S. Court of Appeals for the District of Columbia Circuit (1987-88), as well as for Chief Justice Warren E. Burger and Associate Justice Antonin Scalia (1988-89). He earned his B.A. from Marquette University in 1984, where he was a member of Phi Beta Kappa, and his J.D. from Harvard Law School in 1987, where he served as Supreme Court editor of the Harvard Law Review.
William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina School of Law
William (Bill) Marshall joined the Carolina Law faculty in 2001 and serves as the William R. Kenan Jr. Distinguished Professor of Law. His teaching and research interests include the first amendment, presidential power, election law, federal jurisdiction, federal judicial selection, civil procedure, and media law. Marshall is the author of numerous book chapters, articles, and essays on free speech, separation of powers, the Establishment Clause, and the Free Exercise Clause. His work has appeared in the Harvard Law Review, the Yale Law Journal, the Supreme Court Review, and the University of Chicago Law Review, among others.
Marshall received his law degree from the University of Chicago and his undergraduate degree from the University of Pennsylvania. Marshall was Deputy Counsel to the President and Deputy Assistant to the President during the Clinton Administration and also served as the Solicitor General for the State of Ohio. He has taught at the Northwestern, Boston University, Vanderbilt, Ohio State, DePaul, Case Western Reserve, William and Mary, and the University Connecticut law schools. Prior to beginning his teaching career, Marshall was a Special Assistant Attorney General for the State of Minnesota.
Justice, Supreme Court of Alabama (Retired); Professor of Law, Belmont University College of Law?
Judge, United States Court of Appeals, Seventh Circuit
Judge Sykes was nominated to the Seventh Circuit by President George W. Bush and confirmed by the Senate in 2004. Prior to her appointment to the federal bench, Judge Sykes served as a justice on the Wisconsin Supreme Court. Governor Tommy G. Thompson appointed her in September 1999 to fill a mid-term vacancy on the state supreme court, and she was elected to a full ten-year term in April 2000. From 1992-1999, Judge Sykes served on the state trial bench in Milwaukee County (elected in 1992 and re-elected in 1998). From 1985-1992, Judge Sykes practiced law with the Milwaukee firm of Whyte & Hirschboeck, S.C., and from 1984-1985, was a law clerk to Federal Judge Terence T. Evans.
Born and raised in the Milwaukee area, Judge Sykes earned a bachelor’s degree in journalism from Northwestern University in 1980 and a law degree from Marquette University Law School in 1984. Between college and law school, Judge Sykes worked as a reporter for The Milwaukee Journal.
Judge Sykes has two sons.
Judicial Elections and Their Opponents in Ohio
Jacob H. Huebert
The issue of selecting the judiciary via elections has recently garnered widespread media attention. Various...
The Sotomayor Nomination, Part I
Louis Michael Seidman, Wendy Long, Thomas C. Goldstein, Scott Moss, David R. Stras, Edward Whelan
On May 26, President Obama nominated Sonia Sotomayor to replace David Souter as an Associate...
ABA-NCSC Summit Addresses Challenges to Fairness, Impartiality of State Courts
Joshua Daniel Davey
In May, delegations from thirty-seven states and territories participated in a national summit held in...
Barwatch Bulletin -- February 13, 2009
Merit Selection Defense CampaignFriday morning's featured a panel sponsored by the ABA's Coalition for Justice...
Barwatch Bulletin -- February 16, 2009
House of Delegates Considers RecommendationsThe ABA's House of Delegates met today to vote on recommendations...
Showcase Panel I: Judicial Selection: Federal and State
Meryl J. Chertoff, William K. Kelley, William P. Marshall, Harold F. See, Diane S. Sykes
Is the process we use for selecting judges broken at both the federal and the...
Showcase Panel I: Judicial Selection: Federal and State
Meryl J. Chertoff, William K. Kelley, William P. Marshall, Harold F. See, Diane S. Sykes
Is the process we use for selecting judges broken at both the federal and the...
Bar Watch Bulletin August 9 & 10, 2008
The American Bar Association's Annual Meeting will be taking place from August 7-12 in New...
Bar Watch Bulletin August 7, 2008
The American Bar Association's Annual Meeting will be taking place from August 7-12 in New...
The ABA Rates Supreme Court Nominees Roberts, Alito "Well-Qualified"
The ABA’s Standing Committee on the Federal Judiciary rated both of President George W. Bush’s...