Associate, Wiley Rein LLP
Boyd litigates and provides regulatory advice for a wide variety of telecommunications and technology clients.
Attorney, Kniffin Law PLLC, Fellow, Ethics and Public Policy Center
Eric Kniffin is a fellow at the Ethics and Public Policy Center, where he works on a range of initiatives to protect and strengthen religious liberty as part of EPPC’s HHS Accountability Project.
Kniffin also practices law at Kniffin Law PLLC, where he helps religious organizations and individuals protect their liberty and advance their mission. Before starting his solo practice, Kniffin worked at the U.S. Department of Justice’s Civil Rights Division, at the Becket Fund, and was a partner at Lewis Roca.
Kniffin has protected hundreds of religious employers from the HHS contraception and abortifacient mandate and the HHS gender transition mandate. He has represented the U.S. Conference of Catholic Bishops, the Knights of Columbus, and the Assemblies of God, among others, in amicus briefs before the Supreme Court. His work helping religious organizations understand, maximize, and defend their religious liberties has made him a nationally recognized expert in the field.
Kniffin is a sought-after commentator on religious liberty issues and has appeared in the Wall Street Journal, National Review, Huffington Post, National Catholic Register, Inside Higher Ed, and Washington Times, and has spoken regularly for The Federalist Society and The Heritage Foundation.
Regulatory Counsel, Americans for Prosperity Foundation
Mike Pepson is regulatory counsel at Americans for Prosperity Foundation, which frequently files amicus briefs in the U.S. Supreme Court, U.S. Courts of Appeals, and state Supreme Courts, as well as public comments in various federal and state regulatory proceedings. Mike assists AFPF with its efforts involving separation of powers, administrative process, criminal justice reform, tech and innovation, and other issues.
He is also Special Counsel for Administrative Law at Cause of Action Institute, where he has been involved in complex civil and criminal litigation in federal district and appellate courts and administrative litigation before federal agencies in a variety of matters, including agency enforcement actions, statutory and constitutional challenges to federal regulations and agency decisions, and Section 1983 challenges to state statutes.
He received his LL.M. from Columbia Law School, J.D. from The Catholic University of America, Columbus School of Law, and B.A. from Loyola College in Baltimore, Maryland.
Partner, Shapiro Arato Bach LLP
Alexandra Shapiro is one of the nation’s leading appellate lawyers. Noted for successful results in high profile white collar matters, she has won appellate reversals in many criminal and civil cases. These victories include two Supreme Court decisions narrowing the scope of the federal fraud statutes, Ciminelli v. United States and Percoco v. United States, as well as multiple Second Circuit rulings granting judgments of acquittal and new trials. Alexandra argued Salman v. United States, the first insider trading case heard by the Supreme Court in 20 years.
Alexandra is also an experienced trial lawyer, who began her career over 30 years ago as one of Justice Ruth Bader Ginsburg’s first clerks on the Supreme Court. Her practice focuses on appeals, white collar defense, and complex civil litigation. She has successfully represented prominent Wall Street professionals, public officials, as well as major public and private companies.
She served as President of the New York Council of Defense Lawyers and received its Ostrow Award honoring her work in the defense of liberty and the preservation of individual rights.
Prior to co-founding Shapiro Arato Bach LLP in 2009, Alexandra was a partner of a leading international law firm, and before that, an Assistant U.S. Attorney in the Southern District of New York, where she also served as Deputy Chief Appellate Attorney. In addition, she served as an attorney-adviser in the Office of Legal Counsel of the U.S. Department of Justice.
Alexandra wrote a novel about a wrongful white-collar prosecution, Presumed Guilty, which was published in 2022 and has received acclaim from Forbes, the New York Law Journal, and other publications.
Senior Counsel, U.S. House of Representatives Judiciary Committee
Tessa E. Shurr serves as Senior Counsel to the U.S. House of Representatives Judiciary Committee (Majority).
Prior to joining the Judiciary Committee staff, Tessa served as a Litigation Associate at the Fairness Center, a non-profit law firm, where she represented clients who had been harmed by their public-sector union. Before that, she counseled high-level leadership at the U.S. Department of Justice’s Office of Legal Policy on legislative and regulatory matters, assisted the U.S. Department of Defense with procurement of supplies and services, and worked on both civil and criminal cases at the U.S. Attorney’s Office for the Middle District of Pennsylvania.
Tessa graduated from Penn State Dickinson Law in Carlisle, Pennsylvania. There, she served as Managing Editor of the Dickinson Law Review, one of the oldest legal journals in the United States. During her time in law school, Tessa earned CALI Excellence for the Future Awards in Advanced Federal Income Tax; Congressional Investigations; and Blockchain, Cryptocurrency, & Law. She also published an academic comment proposing a new regulatory scheme for digital assets and cryptocurrency.
Policy Advisor, Heartland Institute
Jeff Stier is a policy advisor to the Heartland Institute.
He is widely quoted in the media and has written health policy op-eds for The Wall Street Journal, the Los Angeles Times, USA Today, The New York Post, The Washington Examiner, and Foxnews.com. The New York Times, the Associated Press, Reuters, CNN, Fox News, CNBC, MSNBC, NPR and other major outlets have interviewed and quoted Stier on a wide range of topics.
Stier has testified at state and local legislatures throughout the U.S., at FDA scientific hearings and at the Office of Management and Budget. He has also been a voice for freedom at hearings at the United Nations and in Israel’s Knesset. During more than two decades of advancing public health and defending liberty, Stier has been a speaker at CPAC, policy retreats for elected officials and medical and legal conferences.
Stier advises leading investment firms on regulatory and legal risk.
Earlier, Mr. Stier crafted health and environmental policy in the Office of the Mayor during the Giuliani administration in New York City.
Mr. Stier serves on the boards of the non-profit Jewish International Connections and Park City Jewish Collective. While earning his law degree at the Benjamin N. Cardozo School of Law, Mr. Stier served two terms as Editor-In-Chief of the Cardozo Law Forum. Jeff and his canine, BB, served as a Certified Crisis Response Strike Team with NATIONAL Crisis Response Canines, supporting survivors and first-responders.
Partner, Boyden Gray PLLC
Michael Buschbacher is a partner at Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Attorney, Separation of Powers, Pacific Legal Foundation
Josh Robbins is an attorney in Pacific Legal Foundation’s separation of powers group. He litigates cases to defend the structural protections of the U.S. and state constitutions that guarantee liberty for all Americans. He wants to help ensure Americans receive due process from the government when their lives and property are at stake and that the laws are made by our democratically elected representatives and not by unaccountable bureaucrats.
As an attorney in private practice, Josh saw firsthand how the government can embroil people (and even large corporations) in years-long legal battles. At PLF, he works to provide those without great resources an opportunity to vindicate their right to a properly ordered government, which is the right of all Americans.
Prior to joining PLF, Josh was an associate at a large law firm where he litigated cases in federal and state courts. He clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit in Houston.
Josh earned a B.A. in economics and international studies from Yale University and a J.D. from the University of Virginia School of Law. While at UVA, he served as an articles editor for the Virginia Law Review. He lives in Alexandria, Virginia, and enjoys hiking, swimming, and attending Washington Nationals games.
Josh is a member of the bar only in the states of Virginia and D.C.
Lecturer in Law, University of Pennsylvania Carey Law School
Matthew Lee Wiener served until recently as the twice-presidentially appointed Acting Chair and Vice Chair of the Administrative Conference of the United States (ACUS), as well as a member of its Council and its Executive Director. (In 2016, President Obama nominated him to be ACUS’s Chairman.)
He is now a special counsel to ACUS, co-chair of its Council on Federal Administrative Adjudication, and a lecturer at the University of Pennsylvania Carey Law School, where he teaches Administrative Law.
Before affiliating with ACUS, Mr. Wiener was general counsel to U.S. Senator Arlen Specter (Senate Committee on the Judiciary), counsel to the U.S. House of Representatives Committee on the Judiciary, a partner at Dechert LLP, and special counsel to Cuneo Gilbert & LaDuca.
He has taught courses on administrative law, administrative practice, regulation remedies, statutory interpretation, and separation of powers at the law schools of the University of Pennsylvania, Rutgers University, and George Mason University.
Mr. Wiener is an elected member of the American Law Institute, a fellow of the American Bar Foundation, and co-chair of the Adjudication Committee of the American Bar Association’s Section of Administrative Law and Regulatory Practice.
Mr. Wiener holds a J.D. from Stanford Law School, where he was Articles Editor of the Stanford Law Review, and an A.B. from William and Mary.
Partner, Boyden Gray PLLC
Michael Buschbacher is a partner at Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Attorney, Separation of Powers, Pacific Legal Foundation
Josh Robbins is an attorney in Pacific Legal Foundation’s separation of powers group. He litigates cases to defend the structural protections of the U.S. and state constitutions that guarantee liberty for all Americans. He wants to help ensure Americans receive due process from the government when their lives and property are at stake and that the laws are made by our democratically elected representatives and not by unaccountable bureaucrats.
As an attorney in private practice, Josh saw firsthand how the government can embroil people (and even large corporations) in years-long legal battles. At PLF, he works to provide those without great resources an opportunity to vindicate their right to a properly ordered government, which is the right of all Americans.
Prior to joining PLF, Josh was an associate at a large law firm where he litigated cases in federal and state courts. He clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit in Houston.
Josh earned a B.A. in economics and international studies from Yale University and a J.D. from the University of Virginia School of Law. While at UVA, he served as an articles editor for the Virginia Law Review. He lives in Alexandria, Virginia, and enjoys hiking, swimming, and attending Washington Nationals games.
Josh is a member of the bar only in the states of Virginia and D.C.
Lecturer in Law, University of Pennsylvania Carey Law School
Matthew Lee Wiener served until recently as the twice-presidentially appointed Acting Chair and Vice Chair of the Administrative Conference of the United States (ACUS), as well as a member of its Council and its Executive Director. (In 2016, President Obama nominated him to be ACUS’s Chairman.)
He is now a special counsel to ACUS, co-chair of its Council on Federal Administrative Adjudication, and a lecturer at the University of Pennsylvania Carey Law School, where he teaches Administrative Law.
Before affiliating with ACUS, Mr. Wiener was general counsel to U.S. Senator Arlen Specter (Senate Committee on the Judiciary), counsel to the U.S. House of Representatives Committee on the Judiciary, a partner at Dechert LLP, and special counsel to Cuneo Gilbert & LaDuca.
He has taught courses on administrative law, administrative practice, regulation remedies, statutory interpretation, and separation of powers at the law schools of the University of Pennsylvania, Rutgers University, and George Mason University.
Mr. Wiener is an elected member of the American Law Institute, a fellow of the American Bar Foundation, and co-chair of the Adjudication Committee of the American Bar Association’s Section of Administrative Law and Regulatory Practice.
Mr. Wiener holds a J.D. from Stanford Law School, where he was Articles Editor of the Stanford Law Review, and an A.B. from William and Mary.
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Counsel, Keller Postman LLC
John Masslon is a Counsel at Keller Postman LLC, where he works on a broad range of disputes, including products liability and consumer protections suits. He helps develop legal strategies, writes briefs, and presents argument on legal questions. Before joining Keller Postman, John was senior litigation counsel at Washington Legal Foundation. There, he wrote about 100 amicus briefs supporting free enterprise in courts across the country. He filed the first amicus brief in the Supreme Court supporting the challenge to OSHA’s vaccine mandate. He also filed a brief supporting ending the in-house proceedings at the Securities and Exchange Commission. Previously, John served as assistant solicitor general in a state attorney general’s office. There, he was first chair in a federal trial challenging a state election law that was ultimately upheld. He also wrote the briefs that convinced the state supreme court to uphold the State’s right-to-work statute.
John obtained his B.S. in economics with a minor in mathematical sciences from Clemson University. He then received his J.D. and LL.M. in Taxation from Georgetown University Law Center. After law school, John worked for Judge Arthur J. Schwab of the United States District Court for the Western District of Pennsylvania and clerked for Judge Judith Ference Olson of the Superior Court of Pennsylvania.
Solicitor General, Tennessee Attorney General's Office
Matt Rice serves as the Solicitor General of Tennessee. Before joining the State, Matt worked in private practice at Williams & Connolly LLP. He clerked for Justice Clarence Thomas on the United States Supreme Court as well as Judge Sandra Ikuta on the United States Court of Appeals for the Ninth Circuit. Before his legal career, Matt played professional baseball in the Tampa Bay Rays organization.
Legal Fellow and Manager, Supreme Court and Appellate Advocacy Program, The Heritage Foundation
Zack is a Legal Fellow and Manager of the Supreme Court and Appellate Advocacy Program in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Attorney, Institute of Justice
Kirby Thomas West is an attorney at the Institute for Justice, where she litigates cases defending property rights, free speech, and educational choice.
Before joining IJ in 2018, Kirby was a litigation associate at Baker Botts LLP. She clerked for Judge Dennis Shedd of the U.S. Court of Appeals for the Fourth Circuit.
Kirby earned her J.D., cum laude, from Harvard Law School in 2015. While at Harvard, she served as the Articles Editor for the Harvard Journal of Law and Public Policy. Between her first and second years of law school, Kirby clerked at IJ’s Texas office.
Kirby graduated, magna cum laude, from Bucknell University in 2012 with a BA in English and Political Science.
Kirby is licensed in Pennsylvania.
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Counsel, Keller Postman LLC
John Masslon is a Counsel at Keller Postman LLC, where he works on a broad range of disputes, including products liability and consumer protections suits. He helps develop legal strategies, writes briefs, and presents argument on legal questions. Before joining Keller Postman, John was senior litigation counsel at Washington Legal Foundation. There, he wrote about 100 amicus briefs supporting free enterprise in courts across the country. He filed the first amicus brief in the Supreme Court supporting the challenge to OSHA’s vaccine mandate. He also filed a brief supporting ending the in-house proceedings at the Securities and Exchange Commission. Previously, John served as assistant solicitor general in a state attorney general’s office. There, he was first chair in a federal trial challenging a state election law that was ultimately upheld. He also wrote the briefs that convinced the state supreme court to uphold the State’s right-to-work statute.
John obtained his B.S. in economics with a minor in mathematical sciences from Clemson University. He then received his J.D. and LL.M. in Taxation from Georgetown University Law Center. After law school, John worked for Judge Arthur J. Schwab of the United States District Court for the Western District of Pennsylvania and clerked for Judge Judith Ference Olson of the Superior Court of Pennsylvania.
Solicitor General, Tennessee Attorney General's Office
Matt Rice serves as the Solicitor General of Tennessee. Before joining the State, Matt worked in private practice at Williams & Connolly LLP. He clerked for Justice Clarence Thomas on the United States Supreme Court as well as Judge Sandra Ikuta on the United States Court of Appeals for the Ninth Circuit. Before his legal career, Matt played professional baseball in the Tampa Bay Rays organization.
Legal Fellow and Manager, Supreme Court and Appellate Advocacy Program, The Heritage Foundation
Zack is a Legal Fellow and Manager of the Supreme Court and Appellate Advocacy Program in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Attorney, Institute of Justice
Kirby Thomas West is an attorney at the Institute for Justice, where she litigates cases defending property rights, free speech, and educational choice.
Before joining IJ in 2018, Kirby was a litigation associate at Baker Botts LLP. She clerked for Judge Dennis Shedd of the U.S. Court of Appeals for the Fourth Circuit.
Kirby earned her J.D., cum laude, from Harvard Law School in 2015. While at Harvard, she served as the Articles Editor for the Harvard Journal of Law and Public Policy. Between her first and second years of law school, Kirby clerked at IJ’s Texas office.
Kirby graduated, magna cum laude, from Bucknell University in 2012 with a BA in English and Political Science.
Kirby is licensed in Pennsylvania.
Partner, Boyden Gray PLLC
Michael Buschbacher is a partner at Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Attorney, Separation of Powers, Pacific Legal Foundation
Josh Robbins is an attorney in Pacific Legal Foundation’s separation of powers group. He litigates cases to defend the structural protections of the U.S. and state constitutions that guarantee liberty for all Americans. He wants to help ensure Americans receive due process from the government when their lives and property are at stake and that the laws are made by our democratically elected representatives and not by unaccountable bureaucrats.
As an attorney in private practice, Josh saw firsthand how the government can embroil people (and even large corporations) in years-long legal battles. At PLF, he works to provide those without great resources an opportunity to vindicate their right to a properly ordered government, which is the right of all Americans.
Prior to joining PLF, Josh was an associate at a large law firm where he litigated cases in federal and state courts. He clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit in Houston.
Josh earned a B.A. in economics and international studies from Yale University and a J.D. from the University of Virginia School of Law. While at UVA, he served as an articles editor for the Virginia Law Review. He lives in Alexandria, Virginia, and enjoys hiking, swimming, and attending Washington Nationals games.
Josh is a member of the bar only in the states of Virginia and D.C.
Lecturer in Law, University of Pennsylvania Carey Law School
Matthew Lee Wiener served until recently as the twice-presidentially appointed Acting Chair and Vice Chair of the Administrative Conference of the United States (ACUS), as well as a member of its Council and its Executive Director. (In 2016, President Obama nominated him to be ACUS’s Chairman.)
He is now a special counsel to ACUS, co-chair of its Council on Federal Administrative Adjudication, and a lecturer at the University of Pennsylvania Carey Law School, where he teaches Administrative Law.
Before affiliating with ACUS, Mr. Wiener was general counsel to U.S. Senator Arlen Specter (Senate Committee on the Judiciary), counsel to the U.S. House of Representatives Committee on the Judiciary, a partner at Dechert LLP, and special counsel to Cuneo Gilbert & LaDuca.
He has taught courses on administrative law, administrative practice, regulation remedies, statutory interpretation, and separation of powers at the law schools of the University of Pennsylvania, Rutgers University, and George Mason University.
Mr. Wiener is an elected member of the American Law Institute, a fellow of the American Bar Foundation, and co-chair of the Adjudication Committee of the American Bar Association’s Section of Administrative Law and Regulatory Practice.
Mr. Wiener holds a J.D. from Stanford Law School, where he was Articles Editor of the Stanford Law Review, and an A.B. from William and Mary.
Associate, Jones Day
Louis Capozzi is an associate at the Washington D.C. office of Jones Day and a Lecturer in Law at the University of Pennsylvania Carey Law School. As a lawyer, he specializes in appellate advocacy and motions practice.
Mr. Capozzi clerked for Justice Neil Gorsuch during the October 2021 Term, as well as for Judges J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit and Anthony J. Scirica of the United States Court of Appeals for the Third Circuit. He graduated as the valedictorian from the University of Pennsylvania Law School in 2019.
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Counsel, Keller Postman LLC
John Masslon is a Counsel at Keller Postman LLC, where he works on a broad range of disputes, including products liability and consumer protections suits. He helps develop legal strategies, writes briefs, and presents argument on legal questions. Before joining Keller Postman, John was senior litigation counsel at Washington Legal Foundation. There, he wrote about 100 amicus briefs supporting free enterprise in courts across the country. He filed the first amicus brief in the Supreme Court supporting the challenge to OSHA’s vaccine mandate. He also filed a brief supporting ending the in-house proceedings at the Securities and Exchange Commission. Previously, John served as assistant solicitor general in a state attorney general’s office. There, he was first chair in a federal trial challenging a state election law that was ultimately upheld. He also wrote the briefs that convinced the state supreme court to uphold the State’s right-to-work statute.
John obtained his B.S. in economics with a minor in mathematical sciences from Clemson University. He then received his J.D. and LL.M. in Taxation from Georgetown University Law Center. After law school, John worked for Judge Arthur J. Schwab of the United States District Court for the Western District of Pennsylvania and clerked for Judge Judith Ference Olson of the Superior Court of Pennsylvania.
Solicitor General, Tennessee Attorney General's Office
Matt Rice serves as the Solicitor General of Tennessee. Before joining the State, Matt worked in private practice at Williams & Connolly LLP. He clerked for Justice Clarence Thomas on the United States Supreme Court as well as Judge Sandra Ikuta on the United States Court of Appeals for the Ninth Circuit. Before his legal career, Matt played professional baseball in the Tampa Bay Rays organization.
Legal Fellow and Manager, Supreme Court and Appellate Advocacy Program, The Heritage Foundation
Zack is a Legal Fellow and Manager of the Supreme Court and Appellate Advocacy Program in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Attorney, Institute of Justice
Kirby Thomas West is an attorney at the Institute for Justice, where she litigates cases defending property rights, free speech, and educational choice.
Before joining IJ in 2018, Kirby was a litigation associate at Baker Botts LLP. She clerked for Judge Dennis Shedd of the U.S. Court of Appeals for the Fourth Circuit.
Kirby earned her J.D., cum laude, from Harvard Law School in 2015. While at Harvard, she served as the Articles Editor for the Harvard Journal of Law and Public Policy. Between her first and second years of law school, Kirby clerked at IJ’s Texas office.
Kirby graduated, magna cum laude, from Bucknell University in 2012 with a BA in English and Political Science.
Kirby is licensed in Pennsylvania.
A Seat at the Sitting - December 2024
Boyd Garriott, Eric N. Kniffin, Michael D. Pepson, Alexandra Shapiro, Tessa Shurr Levensohn, Jeff Stier
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
A Debate on Separation of Powers: Was SEC v. Jarkesy Rightly Decided?
Michael Buschbacher, Josh Robbins, Matthew Lee Wiener
The Regulatory Transparency Project and the Federalism & Separation of Powers practice group hosted a...
A Debate on Separation of Powers: Was SEC v. Jarkesy Rightly Decided?
Michael Buschbacher, Josh Robbins, Matthew Lee Wiener
The Regulatory Transparency Project and the Federalism & Separation of Powers practice group hosted a...
A Debate on Separation of Powers: Was SEC v. Jarkesy Rightly Decided?
Separation of Powers and Article I: Planning Dinner
Washington, DCThe Presidential Veto and the Separation of Powers
George Mason Student Chapter
Arlington, VAA Seat at the Sitting - October 2024
James S. Burling, John Masslon, Matt Rice, Zack Smith, Kirby Thomas West
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
A Seat at the Sitting - October 2024
James S. Burling, John Masslon, Matt Rice, Zack Smith, Kirby Thomas West
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
A Seat at the Sitting - October 2024
The October Docket in 90 Minutes or Less
The Separation of Powers and the non-Unitary Executive in Kentucky: An Update
Central Kentucky Lawyers Chapter
Frankfort, KY