Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Donald Phillip Rothschild Research Professor, George Washington University Law School
Renée Lettow Lerner is Donald Phillip Rothschild Research Professor of Law at George Washington University Law School.
Professor Lerner works in the fields of U.S. and English legal history, civil and criminal procedure, and comparative law. She advises judges, lawyers, and government officials from the United States and countries in Europe, Latin America, and Asia about the differences between adversarial and nonadversarial legal systems.
She writes extensively about the history of American juries. Her work includes not only scholarly articles, but also online publications intended for a broader audience of legal professionals and the public. In many different settings, she has debated the role of juries with other academics and with lawyers. She has a book forthcoming with Oxford University Press in the Very Short Introduction Series entitled “The Jury.” She is also working on a book about the American civil jury, from the colonial period to the present.
She is the author, with John Langbein and Bruce Smith, of the book History of the Common Law: The Development of Anglo-American Legal Institutions (2009).
Her recent writings include a book review of Amalia D. Kessler’s Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877, 67 J. Legal Ed. 888 (2018); “How the Creation of Appellate Courts in England and the United States Limited Judicial Comment on Evidence to the Jury,” 40 Journal of the Legal Profession 215 (2016); “The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury,” in Magna Carta and its Modern Legacy 77-98 (Robert Hazell and James Melton eds., Cambridge University Press 2015); and “The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial,” 22 William & Mary Bill of Rights Journal 811 (2014).
Professor Lerner received an A.B. summa cum laude in history from Princeton University. She was a Rhodes Scholar at Oxford University, where she studied English legal history. At Yale Law School, she was Articles Editor of the Yale Law Journal. She served as a law clerk to Justice Anthony M. Kennedy of the U.S. Supreme Court and to Judge Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit. From 2003 to 2005, she served as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice.
Vice President, Legal & Chief Counsel, Legal, Brady
Jonathan E. Lowy is the Vice President, Legal and Chief Counsel at Brady. Since 1997 Jon has argued in courts across the country to reduce gun violence, providing pro bono legal representation to victims of gun violence in lawsuits to reform dangerous gun industry practices, and assisting governments and public officials in defense of reasonable gun laws. Jon has litigated in over 40 states, successfully arguing several precedent-setting cases in appellate and trial courts establishing gun industry liability and Second Amendment law, obtaining several multi-million dollar settlements, and reforming gun industry practices. Jon has been named one of the 500 Leading Lawyers in America by Lawdragon magazine for the past 10 years, and has published numerous articles on gun litigation and policy including, The Right Not To Be Shot: Public Safety, Private Guns, and the Constellation of Constitutional Liberties in the Georgetown Journal of Law and Policy. He graduated from Harvard College and the University of Virginia School of Law.
Judge, United States Court of Appeals, Fifth Circuit
Andrew Oldham is a Circuit Judge on the United States Court of Appeals for the Fifth Circuit. Before ascending to the bench, Judge Oldham served as General Counsel to Texas Governor Greg Abbott, where he advised the Governor on a range of issues under federal and state law and managed litigation in which the Governor was an interested party. Before that he served as Deputy Solicitor General for the State of Texas, where he represented Texas in federal courts across the country, including twice before the United States Supreme Court. Before moving to Texas, Judge Oldham was an attorney at Kellogg Hansen Todd Figel & Frederick in Washington, D.C. His practice focused on appellate litigation in federal courts of appeals throughout the country. Before entering private practice, Judge Oldham served as a law clerk to Justice Samuel A. Alito, Jr., at the Supreme Court of the United States and to Judge David B. Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit. He also worked as an attorney-adviser in the Office of Legal Counsel at the U.S. Department of Justice from 2006 to 2008. Judge Oldham earned a B.A. from the University of Virginia with highest honors, a Truman Scholarship for graduate school, an M. Phil., first class (with distinction), from Cambridge University, and a J.D., magna cum laude, from Harvard Law School.
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.
Principal, Gupta Wessler PLLC
Jonathan E. Taylor is a principal at Gupta Wessler PLLC in Washington, DC, where he focuses on representing plaintiffs and public-interest clients in Supreme Court, appellate, and constitutional litigation.
Since joining the firm in 2012, Jon has presented argument before the U.S. Courts of Appeals for the First, Eighth, Ninth, Eleventh, and District of Columbia Circuits, as well as the Supreme Court of Alaska. He has also been a principal author of dozens of briefs filed in the U.S. Supreme Court and all levels of the state and federal judiciaries. His work has spanned a wide range of topics, including the First Amendment, Second Amendment, Fourth Amendment, Article III standing, class certification, civil rights, administrative law, and a broad array of issues involving consumers’ and workers’ rights.
Of particular relevance here, Jon presented argument in the First Circuit for the Town of Brookline, Massachusetts, successfully defending against a Second Amendment challenge to its restrictions on the public carry of firearms. He now serves as counsel to both Brookline and Boston in opposing a petition for certiorari to the Supreme Court.
Jon has also represented Everytown for Gun Safety, the nation’s largest gun-violence-prevention organization. In that capacity, he has written over a dozen briefs in important Second Amendment cases, including New York State Rifle & Pistol Ass’n v. New York (U.S. Supreme Court), Worman v. Healy (First Circuit), Wilson v. Cook County (Seventh Circuit), Malpasso v. Pallozzi (Fourth Circuit), Wrenn v. District of Columbia (D.C. Circuit), Kolbe v. Hogan (en banc Fourth Circuit), Peruta v. San Diego (Ninth Circuit), Silvester v. Harris (Ninth Circuit), and Peña v. Lindley (Ninth Circuit). The briefs in these cases opposed constitutional challenges to state public-carry regulations, state prohibitions on assault weapons and large-capacity magazines, and a state waiting period and “microstamping” law.
Senior Fellow, Independent Institute
Dr. Stephen P. Halbrook is a Senior Fellow at the Independent Institute. He has taught legal and political philosophy at George Mason University, Howard University, and Tuskegee Institute, and he received his J.D. from the Georgetown University Law Center and Ph.D. in social philosophy from Florida State University.
The winner of three cases before the U.S. Supreme Court (Printz v. United States, United States v. Thompson/Center Arms Company, and Castillo v. United States), he has testified before the Subcommittee on the Constitution of the Senate Judiciary Committee, Senate Subcommittee on the Constitution, Subcommittee on Crime of the House Judiciary Committee, Senate Governmental Affairs Committee, and House Committee on the District of Columbia.
A contributor to numerous scholarly volumes, he is the author of the books, Gun Control in Nazi-Occupied France: Tyranny and Resistance; Gun Control in the Third Reich: Disarming the Jews and “Enemies of the State”; The Founders’ Second Amendment: Origins of the Right to Bear Arms; That Every Man Be Armed: Evolution of a Constitutional Right; A Right to Bear Arms; Firearms Law Deskbook: Federal and State Criminal Practice; Securing Civil Rights: Freedmen, the Fourteenth Amendment, and the Right to Bear Arms; State and Federal Bills of Rights and Constitutional Guarantees; and Target Switzerland: Swiss Armed Neutrality in World War II. Dr. Halbrook’s scholarly articles have appeared in such journals as the Arizona Journal of International and Comparative Law, Drug Law Report, George Mason University Law Review, Journal of Air Law and Commerce, Journal of Law and Policy, Law & Contemporary Problems, National Law Journal, Northern Kentucky Law Review, St. John’s Journal of Legal Commentary; Seton Hall Constitutional Law Journal, Tennessee Law Review, University of Dayton Law Review, Valparaiso University Law Review, Vermont Law Review, and William & Mary Bill of Rights Journal.
Dr. Halbrook's popular articles have appeared in such publications as the Wall Street Journal, Newsday, San Francisco Chronicle, National Review, Investor’s Business Daily, Kansas City Star, Washington Examiner, Shreveport Times, Sacramento Bee, Providence Journal, Tampa Tribune, Pittsburgh Tribune-Review, History News Network, San Antonio Express-News, The Daily Caller, Detroit News, Honolulu Star Advertiser, Birmingham News, Environmental Forum, USA Today, and Washington Times. He has also appeared on numerous national TV/radio programs on CNN, Fox News Channel, Fox Business Network, Court TV, NewsMax TV, CBN, Voice of America, and C-SPAN.
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.
Donald Phillip Rothschild Research Professor, George Washington University Law School
Renée Lettow Lerner is Donald Phillip Rothschild Research Professor of Law at George Washington University Law School.
Professor Lerner works in the fields of U.S. and English legal history, civil and criminal procedure, and comparative law. She advises judges, lawyers, and government officials from the United States and countries in Europe, Latin America, and Asia about the differences between adversarial and nonadversarial legal systems.
She writes extensively about the history of American juries. Her work includes not only scholarly articles, but also online publications intended for a broader audience of legal professionals and the public. In many different settings, she has debated the role of juries with other academics and with lawyers. She has a book forthcoming with Oxford University Press in the Very Short Introduction Series entitled “The Jury.” She is also working on a book about the American civil jury, from the colonial period to the present.
She is the author, with John Langbein and Bruce Smith, of the book History of the Common Law: The Development of Anglo-American Legal Institutions (2009).
Her recent writings include a book review of Amalia D. Kessler’s Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877, 67 J. Legal Ed. 888 (2018); “How the Creation of Appellate Courts in England and the United States Limited Judicial Comment on Evidence to the Jury,” 40 Journal of the Legal Profession 215 (2016); “The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury,” in Magna Carta and its Modern Legacy 77-98 (Robert Hazell and James Melton eds., Cambridge University Press 2015); and “The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial,” 22 William & Mary Bill of Rights Journal 811 (2014).
Professor Lerner received an A.B. summa cum laude in history from Princeton University. She was a Rhodes Scholar at Oxford University, where she studied English legal history. At Yale Law School, she was Articles Editor of the Yale Law Journal. She served as a law clerk to Justice Anthony M. Kennedy of the U.S. Supreme Court and to Judge Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit. From 2003 to 2005, she served as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice.
Vice President, Legal & Chief Counsel, Legal, Brady
Jonathan E. Lowy is the Vice President, Legal and Chief Counsel at Brady. Since 1997 Jon has argued in courts across the country to reduce gun violence, providing pro bono legal representation to victims of gun violence in lawsuits to reform dangerous gun industry practices, and assisting governments and public officials in defense of reasonable gun laws. Jon has litigated in over 40 states, successfully arguing several precedent-setting cases in appellate and trial courts establishing gun industry liability and Second Amendment law, obtaining several multi-million dollar settlements, and reforming gun industry practices. Jon has been named one of the 500 Leading Lawyers in America by Lawdragon magazine for the past 10 years, and has published numerous articles on gun litigation and policy including, The Right Not To Be Shot: Public Safety, Private Guns, and the Constellation of Constitutional Liberties in the Georgetown Journal of Law and Policy. He graduated from Harvard College and the University of Virginia School of Law.
Judge, United States Court of Appeals, Fifth Circuit
Andrew Oldham is a Circuit Judge on the United States Court of Appeals for the Fifth Circuit. Before ascending to the bench, Judge Oldham served as General Counsel to Texas Governor Greg Abbott, where he advised the Governor on a range of issues under federal and state law and managed litigation in which the Governor was an interested party. Before that he served as Deputy Solicitor General for the State of Texas, where he represented Texas in federal courts across the country, including twice before the United States Supreme Court. Before moving to Texas, Judge Oldham was an attorney at Kellogg Hansen Todd Figel & Frederick in Washington, D.C. His practice focused on appellate litigation in federal courts of appeals throughout the country. Before entering private practice, Judge Oldham served as a law clerk to Justice Samuel A. Alito, Jr., at the Supreme Court of the United States and to Judge David B. Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit. He also worked as an attorney-adviser in the Office of Legal Counsel at the U.S. Department of Justice from 2006 to 2008. Judge Oldham earned a B.A. from the University of Virginia with highest honors, a Truman Scholarship for graduate school, an M. Phil., first class (with distinction), from Cambridge University, and a J.D., magna cum laude, from Harvard Law School.
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.
Principal, Gupta Wessler PLLC
Jonathan E. Taylor is a principal at Gupta Wessler PLLC in Washington, DC, where he focuses on representing plaintiffs and public-interest clients in Supreme Court, appellate, and constitutional litigation.
Since joining the firm in 2012, Jon has presented argument before the U.S. Courts of Appeals for the First, Eighth, Ninth, Eleventh, and District of Columbia Circuits, as well as the Supreme Court of Alaska. He has also been a principal author of dozens of briefs filed in the U.S. Supreme Court and all levels of the state and federal judiciaries. His work has spanned a wide range of topics, including the First Amendment, Second Amendment, Fourth Amendment, Article III standing, class certification, civil rights, administrative law, and a broad array of issues involving consumers’ and workers’ rights.
Of particular relevance here, Jon presented argument in the First Circuit for the Town of Brookline, Massachusetts, successfully defending against a Second Amendment challenge to its restrictions on the public carry of firearms. He now serves as counsel to both Brookline and Boston in opposing a petition for certiorari to the Supreme Court.
Jon has also represented Everytown for Gun Safety, the nation’s largest gun-violence-prevention organization. In that capacity, he has written over a dozen briefs in important Second Amendment cases, including New York State Rifle & Pistol Ass’n v. New York (U.S. Supreme Court), Worman v. Healy (First Circuit), Wilson v. Cook County (Seventh Circuit), Malpasso v. Pallozzi (Fourth Circuit), Wrenn v. District of Columbia (D.C. Circuit), Kolbe v. Hogan (en banc Fourth Circuit), Peruta v. San Diego (Ninth Circuit), Silvester v. Harris (Ninth Circuit), and Peña v. Lindley (Ninth Circuit). The briefs in these cases opposed constitutional challenges to state public-carry regulations, state prohibitions on assault weapons and large-capacity magazines, and a state waiting period and “microstamping” law.
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.
The Second Amendment's Return to the Court
Georgetown Student Chapter
Washington, DCOriginalism, Populism, and the Second Amendment Right to Keep and Bear Arms
Renée Lettow Lerner, Jonathan Lowy, Andrew Oldham, Mark W. Smith, Jonathan E. Taylor
On November 15, 2019, the Federalist Society's practice groups hosted a special session for the...
Topics
Second Amendment in the Highest Court: NYSPRA v. City of New York
How much is too much? That was a principal question in the partisan gerrymandering case...
New York State Rifle & Pistol Association, Inc. v. City of New York, New York [SCOTUSbrief]
Josh Blackman
For the first time in nearly a decade, the Supreme Court is taking another look...
Originalism, Populism, and the Second Amendment Right to Keep and Bear Arms
2019 National Lawyers Convention
Washington, DCTopics
Originalism, Populism, and the Second Amendment’s Right to Keep and Bear Arms
Less than a month from now, the Supreme Court will hear oral argument in New York...
Assault Weapons Ban, or Assault on the Second Amendment?
Toledo Student Chapter
Toledo, OHTopics
It Shouldn’t Be Illegal to Wear a T-shirt
It shouldn’t be illegal to wear a t-shirt. Yet several states, including California, Colorado, and...
Click to Shoot: The First Amendment, Second Amendment, and 3D-Printed Guns
Brigham Young Student Chapter
Provo, UTTopics
Speech Police at the DMV: Regulation and Arbitrary Rule
Vague laws invite arbitrary power. Laws that require regulators to censor speech they find offensive,...