Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
Partner, Capitol Counsel LLC
Martin B. Gold is a partner with Capitol Counsel LLC. In service to our clients, he brings over 40 years of experience, both on Senate staff and in private practice. He is a recognized authority on matters of congressional rules and parliamentary strategies.
Gold is the author of “Senate Procedure and Practice,” a widely consulted primer on Senate Floor procedure, now in its third edition (2013). He frequently advises in offices of Senators and serves on the adjunct faculty at George Washington University. Before domestic business, professional and academic audiences, he often speaks about Congress as well as political and public policy developments.
Gold has been a guest lecturer at Tsinghua University and the Beijing Foreign Studies University, Moscow State University, the Moscow State Institute of International Relations, the State Parliament of Ukraine, and the Federation Council of the Russian Federal Assembly. He published in China “The Grand Institution: A Profile of the United States Senate.” (2011)
Between 1972 to 1982, Gold worked in senior staff positions at the Senate, culminating as counsel to Senate Majority Leader Howard H. Baker, Jr. (R-TN). Gold began his career as a legal assistant to Senator Mark O. Hatfield (R-OR) and later served as republican staff director and counsel to the Senate Rules Committee and as a professional staff member on the Senate Select Committee on Intelligence. In 2003, Gold was floor adviser and counsel to Senate Majority Leader Bill Frist (R-TN).
Gold was president of the lobbying firm Gold and Liebengood, which he co-founded in 1984. He joined the government relations firm, Johnson, Smith, Dover, Kitzmiller & Stewart, Inc. in 1995. Later, Gold co-founded The Legislative Strategies Group, a leading government affairs practice.
In 2004, Gold became a partner at Covington & Burling LLC, one of the nation’s most prominent law firms. While co-chair of Covington’s government affairs practice, Gold was instrumental in securing adoption of congressional resolutions expressing regret for the Chinese exclusion laws. For this pro bono project, he was awarded the Champion of Justice Award by the Chinese American Citizens Alliance. In 2012, he authored “Forbidden Citizens: Chinese Exclusion and the U.S. Congress: A Legislative History.” His book was awarded the Benjamin Franklin Gold Medal by the Independent Book Publishers of America and was named an Honor Book by the Asian and Pacific American Librarians Association. At the end of 2016, Gold published “A Legislative History of the Taiwan Relations Act; Bridging the Strait.”
In 2006, President George W. Bush appointed Gold to serve as a member of the United States Commission for the Preservation of America’s Heritage Abroad. On the commission, Gold commemorated the work of D. Ho Feng Shan, a Chinese diplomat who, while serving as a consular officer in Austria, issued visas to Shanghai to save several thousand Jews from Nazi persecution. In 2008, the Senate adopted a resolution honoring Dr. Ho’s selfless heroism.
Gold is a member of the Cosmos Club in Washington, D.C. He was elected in 2000 in recognition for excellence in the field of political science.
Gold is a graduate of the Washington College of Law at The American University and serves on the Board of the Friends of the Law Library of the Library of Congress.
Associate Justice, Supreme Court of the United States
Associate Justice Brett Kavanaugh was born in Washington, D.C., on February 12, 1965. He married Ashley Estes in 2004, and they have two daughters - Margaret and Liza. He received a B.A. from Yale College in 1987 and a J.D. from Yale Law School in 1990. He served as a law clerk for Judge Walter Stapleton of the U.S. Court of Appeals for the Third Circuit from 1990-1991, for Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit from 1991-1992, and for Justice Anthony M. Kennedy of the U.S. Supreme Court during the 1993 Term. In 1992-1993, he was an attorney in the Office of the Solicitor General of the United States. From 1994 to 1997 and for a period in 1998, he was Associate Counsel in the Office of Independent Counsel. He was a partner at a Washington, D.C., law firm from 1997 to 1998 and again from 1999 to 2001. From 2001 to 2003, he was Associate Counsel and then Senior Associate Counsel to President George W. Bush. From 2003 to 2006, he was Assistant to the President and Staff Secretary for President Bush. He was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 2006. President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on October 6, 2018.
Solicitor General, Kansas, and Professor of Law, University of Kansas School of Law
Stephen R. McAllister is a native Kansan who grew up in Lucas, Kansas and graduated from Lucas-Luray High School. Growing up, he also lived in Hiawatha and Chanute, Kansas. He received both his B.A. and his J.D. degrees from the University of Kansas.
Following his graduation from law school, Steve clerked for Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit in Chicago, and then for Justices Byron White and Clarence Thomas of the Supreme Court of the United States. After his clerkships Steve worked in the Washington, D.C. office of the Los Angeles law firm, Gibson, Dunn & Crutcher.
In 1993, Steve returned to his alma mater as a visiting professor of law. In 1999 he received tenure and promotion to the rank of full Professor. He served as Dean of the KU Law School from 2000 – 2005.
As a professor, Steve teaches constitutional law, constitutional litigation and torts. He won the Frederick J. Moreau Award for student advising in 1997, and a W.T. Kemper Award for excellence in teaching in 1999. As a scholar, Steve has written on a variety of constitutional topics, including affirmative action, capital punishment, federalism, and sex offender laws. Steve is an elected a Fellow of the American Bar Foundation and a Trustee of the Supreme Court Historical Society.
Steve also has appeared before the Supreme Court of the United States several times. From 1999 – 2003, he served as the first State Solicitor for Kansas, assisting the Kansas Attorney General’s office in state cases raising important constitutional issues. In both 2001 and 2002, Supreme Court briefs that Steve authored for the State of Kansas won Best Brief Prizes at the annual summer meeting of the National Association of Attorneys General.
From May 2006 until March 2007, Steve served as Legislative Counsel for Kansas, advising the legislature regarding legal issues. In that capacity, Steve participated in the Kansas school finance litigation in the Kansas Supreme Court, filing a brief on behalf of the Kansas Legislature and presenting oral argument on behalf of the State as a special assistant attorney general. Since May 2007, Steve has served as Solicitor General of Kansas in the office of the Kansas Attorney General, briefing and arguing important cases involving abortion, the death penalty, freedom of speech, and right to a jury trial.
Steve speaks regularly on a variety of constitutional topics, as well as judicial confirmation and the Supreme Court as an institution.
Clerk, Judge Richard Posner, U.S. Court of Appeals, 7th Circuit 1988-89; Clerk, Justice Byron White, U.S. Supreme Court 1989-91; Clerk, Justice Clarence Thomas, U.S. Supreme Court 1991-1992; Associate, Gibson, Dunn & Crutcher, DC, 1992-93; Visiting Associate Professor, Kansas 1993-95, Associate Professor, Kansas 1995-98, Professor since 1999; Associate Dean of Academic Affairs 1999-2000; Dean 2000-2005; Interim Director, Dole Institute of Politics 2003-04.
J.D. 1988, Kansas, Articles Editor, University of Kansas Law Review; B.A. 1985, Kansas
Professor, The University of South Dakota School of Law
Patrick Garry is a professor of law at The University of South Dakota and the Director of the Hagemann Center for Legal & Public Policy Research.
Professor Garry has published more than forty scholarly articles and authored ten books, many of which have been the subject of numerous conferences and symposia. Professor Garry has been invited on several occasions to testify before Congress on legal and constitutional matters, and he is a frequent speaker at Federalist Society sponsored events. Aside from his public speaking appearances, Professor Garry often writes for popular audience websites, magazines, and newspapers, including the Chicago Tribune and Washington Times. These writings offer commentary and analysis of current political and legal issues.
Professor Garry received his Ph.D. and J.D. from the University of Minnesota. And he has been invited to teach as a visiting professor at the George Washington University Law School, the University of Utah School of Law, the University of Missouri School of Law, and the University of St. Thomas School of Law.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Associate Professor of Law, Marquette University Law School
Professor Fallone is an associate professor at Marquette University Law School where he teaches Constitutional Law, Immigration Law, Corporate Criminal Liability, and Securities Regulation. Prof. Fallone earned his undergraduate degree from Boston University,summa cum laude, in Spanish Language and Literature. He also earned his law degree from Boston University,magna cum laude. Prof. Fallone has founded and grown three nonprofit organizations serving the underprivileged in southeastern Wisconsin. Prof. Fallone is a regular contributor to the Marquette University Law School Faculty Blog, and has written extensively on the lawsuit challenging Act 10.
Partner, Bell Giftos St. John LLC
Kevin St. John is a partner with Bell Giftos St. John LLC in Madison, Wisconsin. From 2011 to 2015, he served as Wisconsin’s Deputy Attorney General. Prior to his government service St. John practiced law with the Madison office of Michael Best & Friedrich LLP and the Washington D.C. office of Gibson, Dunn & Crutcher LLP. St. John is a graduate of the University of Wisconsin-Madison and earned his law degree from the University of Chicago.
St. John has contributed to Federalist Society as a speaker and in commentaries on topics including redistricting, free speech, and separation of powers.
Retired Justice, Wisonsin Supreme Court
The Honorable Jon P. Wilcox is a retired Wisconsin Supreme Court Justice(1992-2007). Before joining the Supreme Court, Justice Wilcox was a circuit court judge in Waushara County for 13 years, chief judge of the Sixth Judicial Administrative District from 1985 to 1992, and chairman of the Wisconsin Committee of Chief Judges. He also served as chairman of the Wisconsin Sentencing Commission from 1987 to 1992. Prior to this, he worked in private practice and started his own law firm. He also served three terms in the Wisconsin Legislature, representing the 72nd Assembly District from 1969 to 1975. He was elected to the Wisconsin Conservation Congress from 1975 to 1980.
Judge, U.S. District Court for the Eastern District of Michigan
Stephen J. Murphy, III, joined the United States District Court for the Eastern District of Michigan after presidential appointment and confirmation by the United States Senate on June 24, 2008. He assumed the bench on August 18, 2008.
Previously, Judge Murphy served as the presidentially appointed United States Attorney for the Eastern District of Michigan after he was confirmed by unanimous consent of the United States Senate on June 8, 2005. Prior to confirmation, Judge Murphy had taken the oath of office and served continuously as United States Attorney from March 8, 2005 until his appointment as a district judge.
As United States Attorney, Judge Murphy oversaw one of the largest and busiest United States Attorney's offices in America, with operations in Detroit, Flint and Bay City, more than 100 Assistant United States Attorneys and a similar number of support staff.
Prior to his service as United States Attorney, Judge Murphy was an attorney with the General Motors Legal Staff in Detroit, where he specialized in litigation, internal investigations, counseling on various business law issues and other "white collar" matters. He served during that period as a public arbitrator for the National Association of Securities Dealers.
Judge Murphy also served with the United States Department of Justice for more than twelve years: first as a trial attorney with the Civil and Tax Divisions in Washington, D.C. (hired under the prestigious Attorney General's Honors Program), in which positions he defended various federal agencies and prosecuted criminal tax cases in federal district courts throughout the United States. Then, as an Assistant United States Attorney in Detroit from 1992-2000, Judge Murphy prosecuted and tried various violent, narcotics and several high profile white-collar criminal cases in Detroit's Federal Court.
A 1987 graduate of the St. Louis University School of Law (where he edited the law review), Judge Murphy has also been active in legal and community affairs. He has served on the boards of the Hospice of Michigan, Brighton Hospital, and the Historical Society of the U.S. District Court for the Eastern District of Michigan. He was also appointed by his Court to serve as a member of the State Bar of Michigan's Standing Committee on United States Courts. He is presently a member of the Advisory Committee on Appellate Rules of Judicial Conference of the United States.
Judge Murphy is also an experienced appellate lawyer who, while in private practice, handled indigent criminal appointments in the United States Court of Appeals. He is a published legal author and he has served as an adjunct professor at the Ave Maria, Thomas M. Cooley, University of Detroit Mercy, and University of Toledo schools of law, where he has taught Business/White Collar Crimes, Evidence, Tax Fraud and Trial Practice.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Engage Volume 13, Issue 2, July 2012
*Online-Only Issue* ADMINISTRATIVE LAW & REGULATION Gmail.gov: When Politics Gets Personal, Does the Public Have...
An Attack on Separation of Powers and Federal Judicial Power? An Analysis of the Constitutionality of Section 18 of the America Invents Act
Charles J. Cooper, Vincent J. Colatriano
Note from the Editor: This paper analyzes constitutional challenges to Section 18 of the recently...
Separation of Powers in the Bush & Obama Administrations
The States and the NLRB: A Study in Comparative Sovereignty
Under a system of government that diffuses power and makes institutional “[a]mbition . . ....
The Legacy of the New Deal Court, Federalism, Separation of Powers, & Limited Government
Bar Watch Bulletin for August 7, 2011
Reporting live from the ABA Meetings in Toronto. Birthright Citizenship The ABA’s Commission on Hispanic...
Separation of Powers: Wisconsin Supreme Court’s Decision Upholding the Collective Bargaining Law
Madison Lawyers Chapter
Madison, WIFederalism and the Separation of Powers
Toledo Lawyers Chapter
Toledo, OHU.S. Supreme Court Preview October 2010 Term
Pittsburgh, PennsylvaniaReconciliation and Health Care
Martin B. Gold
Brought to you by the Federalism & Separation of Powers Practice Group EDITOR'S NOTE: There is a...