David Johnson is a partner at Holtzman Vogel and focuses his practice on political and election law regulatory compliance, appellate law, and state attorneys general investigations and litigation.
Prior to joining the firm, David was Policy Director and General Counsel to the Republican Attorneys General Association, as well as serving as president for the Rule of Law Defense Fund and Center for Law and Policy. In these roles, he worked closely with Republican attorneys general and their staff on developing and advancing policy priorities. He has also worked with President Trump's administration and other leading Republican political and conservative policy organizations with respect to key policy initiatives.
Previously, David was Senior Counsel with the Office of the Indiana Attorney General where he advised the Attorney General on strategy with respect to litigation, communications, complex legal objectives, and policy goals. Prior to joining the Indiana Office of Attorney General, David served as Corporation Counsel for Lawrence, Indiana. In that role, David advised on myriad issues including municipal bonding, human resources, and capital projects. And before that, David served as Deputy General Counsel and Policy Director for Governor Mike Pence, providing strategic counsel to the Governor on litigation, policy, crisis communications, and legislative strategy, as well as guiding policy efforts on gaming issues in Indiana.
He earned his AB from Wabash College, and his JD from the Indiana University McKinney School of Law.
Director, ENRD, Pacific Legal Foundation
Mark Miller is the Director of the Environment and Natural Resources practice group at Pacific Legal Foundation, where he leads the firm’s efforts to protect individuals and small businesses from government overreach in matters involving land and water, and its efforts to encourage America to better harness its abundant natural resources, including energy resources, minerals, timber, and grazing lands. Mark first joined PLF in 2014.
A seasoned appellate specialist, Mark has litigated several high-profile cases for PLF, including Weyerhaeuser v. United States Fish & Wildlife Service, U.S. Army Corps of Engineers v. Hawkes Co., and United States v. Robertson, all of them unanimous Supreme Court of the United States wins for property owners fighting federal overreach via the Clean Water Act and Endangered Species Act.
In 2020, Mark left PLF to serve as General Counsel and later Chief of Staff for then-South-Dakota Governor Kristi Noem. As Noem’s longest-serving chief of staff, he worked behind the scenes to advance limited government, cut red tape, defend individual rights, and promote free-market principles. In 2023, he returned home to PLF.
A frequent commentator and public speaker, Mark regularly appears in print, on radio and TV, and before legislative committees across the country. His commentary and work has been featured in The Wall Street Journal, CBS News, The View, CBN, and Fox News. He is a regular guest each Thursday morning on SiriusXM’s POTUS channel, offering insight on Supreme Court cases and trends.
Mark earned both his undergraduate and law degrees with honors from the University of Florida. He clerked for U.S. District Judge Henry Lee Adams, Jr., and Florida state appellate Judge Emerson R. Thompson, Jr.—two mentors who deepened his commitment to the Bill of Rights, especially the Fourth, Fifth, and Fourteenth Amendments.
Mark serves on the Board of Trustees for the University of Florida College of Law, and he is a member of the boards of directors for both Americans United for Life, the nation’s oldest pro-life non-profit law firm, and Farm of the Child USA, a nonprofit that supports an orphanage and school for children in need in Honduras called La Finca del Niño.
Director, Project on Criminal Justice, Cato Institute
Matthew Cavedon is the Director of the Cato Institute’s Project on Criminal Justice. He focuses on reforming plea-driven mass adjudication, ensuring police accountability, and defending constitutional criminal originalism. Cavedon’s scholarship has been published (or is forthcoming in) publications including the Arizona State Law Journal, Cato Supreme Court Review, Seattle University Law Review, and Georgetown Journal of Law and Public Policy. Formerly a Georgia public defender and fellow at the Institute for Justice, Cavedon has taught law school courses on criminal law and procedure, as well as the First Amendment. Cavedon clerked for a U.S. district court and the Supreme Court of Georgia. He came to Cato following a fellowship at the Emory University Center for the Study of Law and Religion.
Attorney General of Tennessee
Jonathan Skrmetti was sworn in to an eight-year term as Tennessee’s Attorney General and Reporter on September 1, 2022.
Prior to his current role, General Skrmetti served as Chief Counsel to Governor Bill Lee and as Chief Deputy Attorney General to his predecessor, Tennessee Attorney General Herbert Slatery.
Before working for the State of Tennessee, General Skrmetti was a partner at Butler Snow LLP in Memphis. His legal career began with nearly a decade as a federal prosecutor. He worked at the Civil Rights Division at Main Justice and then at the Memphis U.S. Attorney’s Office and prosecuted sex traffickers, corrupt government officials, and violent white supremacists. In addition, General Skrmetti taught cyberlaw as an adjunct professor at the University of Memphis.
General Skrmetti earned honors degrees from George Washington University, the University of Oxford, and Harvard Law School, where he was editor-in-chief of the Harvard Journal of Law & Public Policy. Following law school, Jonathan clerked for Judge Steven Colloton on the U.S. Court of Appeals for the Eighth Circuit. He lives in Franklin, Tennessee, with his wife and four children.
Partner, Balch & Bingham LLP
Andy Lowry's practice largely consists of appeals and motions in state and federal courts, often in areas of health law such as certificates of need and reimbursement issues, but also medical malpractice and more general litigation (including premises liability, silica, and insurance coverage).
Professor, University of North Carolina at Wilmington
Mike Adams is a professor at the University of North Carolina at Wilmington (UNCW). He writes a weekly column for The Daily Wire and speaks frequently on First Amendment and pro-life issues. After graduating from Mississippi State University in 1993 with a PhD in Criminology, his research emphasized social psychological causes of crime and delinquency. He won the Faculty Member of the Year Award from the Office of the Dean of Students in 1998 and again in 2000. Later, after his involvement in a free speech controversy in the wake of the 9/11 attack his research emphasis shifted to threats to free speech, due process, and academic integrity in higher education. In 2006, he was denied a promotion full professor and filed suit in federal court alleging that UNCW retaliated against him for his criticism the diversity movement in general as well as his criticism of specific policies within his own university. The retaliation lawsuit set up a legal challenge concerning whether Garcetti v. Ceballos (2006), which denied First Amendment protection to public employees who were commenting about their “official duties,” applied to college professors. In Adams v. UNCW (2011), the 4th Circuit Court of Appeals unanimously ruled in his favor. The ruling set up a federal trial on the issue of retaliation, which he also won before a jury in federal district court in Greenville, North Carolina.
Professor of History, Brooklyn College and the CUNY Graduate Center
KC Johnson is professor of history at Brooklyn College and the CUNY Graduate Center, where he has taught since 1999. He has written 13 books on topics in U.S. political history, U.S. foreign policy, and legal and policy debates surrounding campus due process and civil liberties. His Duke lacrosse case blog, Durham-in-Wonderland, was named ABA Journal’s Best Ethics Blog in 2007; and he continues to blog on higher-ed matters at the blog Minding the Campus.
FIRE
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
President and CEO, The Federalist Society
Sheldon Gilbert is the President and CEO of The Federalist Society. Gilbert has been involved in the conservative and libertarian legal movement since law school, and has served in prominent roles at both nonprofit organizations as well as corporate America.
A longtime constitutional litigator, Gilbert has represented clients through amicus and party briefs in nearly a hundred cases at the U.S. Supreme Court, at both the certiorari and merits stages. Most recently, Gilbert served as Senior Lead Counsel for Strategic Initiatives at Walmart, the world’s largest company, where he led teams providing legal advice related to government enforcement, internal investigations, government relations, public relations, and special projects at the center of law and policy.
Before joining Walmart, Gilbert served as Vice President for Content and Development and Senior Fellow for Constitutional Studies at the National Constitution Center, a congressionally chartered non-partisan center for constitutional education and debate, where he led both fundraising and programming efforts. While at the NCC, Gilbert helped ensure that the Center’s programming and exhibits incorporated constitutional perspectives from experts on both the right and the left, including the launch of the Center’s landmark permanent exhibit on the Civil War and the Reconstruction Amendments.
Prior to the National Constitution Center, Gilbert served as the director of the Institute for Justice’s Center for Judicial Engagement (CJE), where he educated the public about the role of the courts and the Constitution, where he frequently hosted discussions and debates on constitutional issues, and often spoke at Federalist Society lawyer and student chapters across the country.
He was also a litigator with the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce, where he represented the U.S. Chamber in over 400 cases in federal and state courts addressing a wide range of legal issues, from free speech to property rights.
Gilbert is a graduate of the George Washington University Law School where he helped found a first-of-its-kind National Religious Freedom Moot Court, which hosted law students from across the country to debate important, emerging religious liberty issues. After graduating from GWU, he also taught as a professorial lecturer at the school.
A graduate of the University of Utah, Gilbert is a child of the Mountain West, where he was born in a coal mining town in Utah and raised in Idaho near the Grand Tetons. Before going to law school, Gilbert’s diverse interests led him to work in a wide range of roles, from software development project management for a nonprofit, to working in his University’s radiobiology research lab, to volunteer service in Rio de Janeiro, Brazil for his church.
Gilbert is married with four children.
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Pennsylvania Ruling Affirms that Campaign Finance Prohibitions Must be Justified
The just-because or, a bit more flippantly, “no duh” school of campaign finance regulation suffered...
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Docket Watch: State of Indiana v. Norfolk S. Ry. Co.
The Indiana Supreme Court unanimously held that Indiana’s blocked-crossing statute is expressly preempted by the...
State of Indiana v. Norfolk S. Ry. Co.
David P. Johnson
The Indiana Supreme Court unanimously held that Indiana’s blocked-crossing statute is expressly preempted by the...
A Shy Frog, the Administrative State, and Judicial Review of Agency Decision-Making: A Preview of Weyerhaeuser v. United States Fish & Wildlife Service
Mark Miller
Note from the Editor: This article previews one of the first cases of the Supreme...
Courthouse Steps Preview: Gundy v. United States
TeleforumParty Like It’s 1935?: Gundy v. United States and the Future of the Non-Delegation Doctrine
Matthew P. Cavedon, Jonathan Skrmetti
Note from the Editor: This article discusses Gundy v. United States, a case involving the...
King v. Mississippi Military Department
Andy Lowry
In an 8-0 decision on June 7, 2018, the Mississippi Supreme Court announced that it...
Topics
Docket Watch: King v. Mississippi Military Department
In an 8-0 decision on June 7, 2018, the Mississippi Supreme Court announced that it...
The Student Right to Counsel
Mike S. Adams, KC Johnson, Adam Kissell
Note from the Editor: This article argues that a student right to counsel in quasi-criminal...
Regents of the University of California v. Superior Court
Thomas F. Gede
Once again California has moved ahead of other states in expanding exposure to tort liability,...