Associate, Consovoy McCarthy PLLC
Ms. Bates assists clients with a variety of litigation and appellate matters that encompass constitutional law, administrative law, and commercial litigation. Before joining the firm, Ms. Bates was a law clerk to Judge Kyle Duncan of the U.S. Court of Appeals for the Fifth Circuit. She previously served as a Legal Policy Analyst at the Heritage Foundation, where she researched and wrote about the courts, judicial nominations, and various constitutional issues. She also co-hosted Heritage’s SCOTUS 101 podcast. She earned her B.A. magna cum laude in Politics from Hillsdale College, and her J.D. from the Antonin Scalia Law School at George Mason University. Ms. Bates is a member of the Virginia Bar.
Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
General Counsel, U.S. Department of Homeland Security
James H. Percival graduated from the University of California, Santa Barbara and the University of Virginia School of Law. Before his work at the Department of Homeland Security, he was Chief of Staff to then Florida Attorney General Ashley Moody. James previously served in a number of other roles for Attorney General Moody and as Senior Counsel at the U.S. Department of Justice. Before beginning his public service, James worked for a global law firm and clerked for Judge Emmett Ripley Cox of the U.S. Court of Appeals for the Eleventh Circuit. In between college and law school, James worked as a substitute teacher and as a missionary in South America.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Senior Research Fellow, Border Security and Immigration Center, The Heritage Foundation
Simon Hankinson is a Senior Research Fellow in the Border Security and Immigration Center at The Heritage Foundation.
From 1999–2022, he was a Foreign Service Officer serving in India, Fiji, Ghana, Slovakia, Togo, Washington, D.C., Marseille, and Nairobi. Prior to entering the State Department, Hankinson worked as a lawyer in London, and then taught history, English, and drama at a private school in Miami.
Hankinson holds a master’s degree in modern history from St. Andrews, Scotland, a degree from the College of Law in London, and a master’s degree in international security affairs from the National Defense University in Washington, D.C.
Immigration Law and Policy Fellow, Cornell Law School
Randel Johnson has worked on employment and immigration law and policy issues for over twenty-five years, bringing a broad perspective from working in the executive agencies, on Capitol Hill, and in the private sector. Deeply involved in past efforts on comprehensive immigration reform, including testifying in both the U.S. House of Representatives and the U.S. Senate, his experience includes working as the senior vice president at the U.S. Chamber of Commerce, labor counsel to the House Education and Labor Committee, and special assistant to the solicitor of labor at the U.S. Department of Labor. He was also a partner at the law firm of Seyfarth Shaw and most recently a judge on the Administrative Review Board at the Labor Department.
Senior Counsel, America First Legal Foundation
James Rogers is Senior Counsel at America First Legal Foundation, where he litigates in a number of areas, including border security, election integrity, parental rights, and administrative and constitutional law. Before joining America First Legal, from 2021 to 2022, he was Senior Litigation Counsel at the Solicitor General’s Office of the Arizona Attorney General’s Office. While there, he spearheaded lawsuits against the Biden Administration’s destructive open borders policies and its COVID19 vaccine mandates. From 2015 to 2021, James was a Foreign Service Officer at the U.S. Department of State, where he worked in the Office of the Assistant Legal Advisor for Consular Affairs, at the U.S. Consulate in Porto Alegre, Brazil, and at the U.S. Embassy in Windhoek, Namibia.
Prior to joining the Department of State, he was a commercial litigation partner at Osborn Maledon, a Phoenix-based firm with a #1 litigation ranking from Chambers and Partners. James earned a J.D. from Harvard Law School in 2009, an L.L.M. in International Law from the University of Cambridge in 2008, and a B.A., with honors, in International Studies from Brigham Young University in 2005. He is a sixth-generation Arizonan and lives in Mesa, Arizona, with his four children.
Vice President, Immigration Policy, U.S. Chamber of Commerce
Patrick Shen is vice president for Immigration Policy at the U.S. Chamber of Commerce. He helps Chamber member companies develop sensible, pro-growth immigration policies and advocates for such policies on our members’ behalf before Congress and the executive branch.
Before joining the Chamber, Shen was an immigration lawyer for over 30 years in the government and private sector. Most recently, he was a partner at a leading global business immigration law firm where he advised multinational companies on worksite compliance and represented employers from all sectors in government enforcement actions.
Earlier in his career, Shen was confirmed unanimously by the U.S. Senate as Special Counsel for Immigration-related Unfair Employment Practices in the Justice Department. He previously served as the policy and planning director of U.S. Immigration and Customs Enforcement (ICE) and the chief immigration counsel for the Senate Judiciary Committee.
Shen began his government career as a trial attorney for the former Immigration and Naturalization Service (INS), the U.S. Attorney’s Office for the Eastern District of New York, and the Justice Department’s Civil Division in Washington, D.C.
Shen received his undergraduate and law degrees from Brigham Young University. He was an adjunct professor at American University’s Washington College of Law and a sports reporter in Taiwan before attending law school. He became a certified emergency medical technician (EMT) shortly after September 11, 2001, and still volunteers with his local fire department in Maryland.
Partner, Holland & Hart
Chris provides strategic counsel when companies and individuals face government audits or investigations of their immigration practices. With nearly three decades of experience, he brings extensive experience and government relationships to help clients prepare for such audits and investigations and to defend them when regulators show up.
Often working with clients in times of crisis, Chris’s goal is to alleviate anxiety and put them at ease. Whether counseling a company about responding to a subpoena or defending it in a government investigation or raid, clients appreciate his pragmatic, straight forward counsel and clear plans of action.
Chris and his team work closely with in house legal and human resources departments to provide training and to help them develop effective compliance policies and internal audit and remediation plans. When significant legal concerns arise, he helps teams conduct internal investigations and formulate the best path forward to protect the interests of the company.
Chris also works with executives, operational leaders, and talent management teams to help position a company for success with effective, compliant global mobility programs. With expertise maneuvering within the complex US immigration process, he helps a wide range of companies secure employment-based non-immigrant (e.g., E, H, L, O, P, TN, etc.) and immigrant (first, second, and third preference categories) visas.
Chris also works with organizations seeking to do business outside of the United States, working closely with in-house and outside counsel to assess legal risks and develop solutions to overcome challenges with doing business abroad.
Chris’s fluency in Spanish is a value-add to clients.
Chris rejoins Holland & Hart from Ogletree Deakins where he was an equity shareholder and managed the firm’s Denver immigration practice.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Professor of History, Georgia Southern University
Johnathan O'Neill is Professor of History at Georgia Southern University. Professor O’Neill is the author of Originalism in American Law and Politics: A Constitutional History (2005) and Conservative Thought and American Constitutionalism Since the New Deal (2023).
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
President, March for Life Education and Defense Fund
Jennie Bradley Lichter is President of the March for Life Education and Defense Fund, the iconic organization committed to restoring a culture of life in the United States most notably through the annual March for Life in Washington, D.C. – the world’s largest annual human rights event – and through the growing State March for Life program.
Jennie has wide-ranging legal and policy experience in the public, private, and nonprofit sectors, including at the highest levels of the federal government. In the first Trump Administration, she served in the White House as a Deputy Assistant to the President and Deputy Director of the White House Domestic Policy Council (DPC). In that role she supervised rulemaking and policy efforts on a vast array of issues arising from the Departments of Education, Labor, Health & Human Services, Justice, Housing & Urban Development, Interior, and others. Jennie led policy initiatives across the federal government to protect religious liberty, encourage faith-based partnerships, and defend the dignity of life. She also led DPC’s work on regulatory and administrative state reform.
Prior to her White House service, Jennie worked on policy issues and federal judicial (including Supreme Court) confirmation efforts in the Office of Legal Policy at the U.S. Department of Justice.
Jennie has worked in higher education as Deputy General Counsel for The Catholic University of America, where was also a Fellow at the Center for Religious Liberty in the University’s Columbus School of Law. She previously served as in-house counsel for the Archdiocese of Washington, and as an associate at Jones Day.
Jennie clerked for Judge David B. Sentelle on the D.C. Circuit and for Judge Steven M. Colloton on the Eighth Circuit in Des Moines. She graduated from the University of Notre Dame and from Harvard Law School. Prior to law school she was a research assistant in Bioethics at a D.C. think tank, and earned a graduate degree in Theology & Religious Studies from the University of Cambridge.
Partner, Mayer Brown LLP
Andrew Pincus is a partner in Mayer Brown LLP resident in Washington, D.C. His practice focuses on Supreme Court and appellate litigation.
Andy has argued 29 cases in the Supreme Court of the United States, including Lamps Plus, Inc. v. Varela and Frank v. Gaos in the October 2018 Term; as well as his recent victories in Impression Products, Inc. v. Lexmark International, Inc. (2017); Kindred Nursing Home Centers Limited Partnership v. Clark (2017); and Spokeo, Inc. v. Robins (2016). Law360 ranked Andy’s victory in AT&T Mobility v. Concepcion (2011), as the most important Supreme Court class action decision of the last 15 years.
Andy appears regularly before federal and state appellate courts and federal district courts. His practice also includes written and oral advocacy before Congress, other legislative bodies, and regulatory agencies regarding a variety of policy and legal issues.
A former Assistant to the Solicitor General in the United States Department of Justice (1984-1988), Andy co-founded and serves as co-director of the Yale Law School's Supreme Court Advocacy Clinic (2006-present), which provides pro bono representation in 10-15 Supreme Court cases each year.
While serving as General Counsel of the United States Department of Commerce (1997-2000), Andy had principal responsibility for the Digital Millennium Copyright Act and the Electronic Signatures in Global and National Commerce Act. He also participated in formulation of policy concerning privacy, domain name management, taxation of electronic commerce, export controls, international trade, and consumer protection.
Andy is a graduate of Yale College and Columbia Law School, where he was a Notes & Comments Editor of the Columbia Law Review. He served as Law Clerk to the Honorable Harold H. Greene, United States District Court for the District of Columbia (1981-1982).
Managing Partner, Cooper & Kirk PLLC
David Thompson is the Managing Partner of Cooper & Kirk and joined the firm at its founding. Mr. Thompson has extensive trial and appellate experience in a wide range of matters and has secured victories worth billions of dollars. He has successfully challenged numerous laws on Second Amendment grounds. He has also litigated cases in over 30 federal district courts, argued in each of the 13 federal circuit courts of appeal, and argued before the U.S. Supreme Court, as well as many state courts. Mr. Thompson was awarded an A.B. degree, magna cum laude, from Harvard University in 1991, where he was elected to Phi Beta Kappa. In 1994, Mr. Thompson received a J.D. degree, cum laude, from Harvard Law School.
Board Member, U.S. Privacy and Civil Liberties Oversight Board
Beth A. Williams is a Board Member of the United States Privacy and Civil Liberties Oversight Board, an agency whose mission is to ensure that the federal government's efforts to prevent terrorism are balanced with the need to protect privacy and civil liberties.
Prior to her Board service, Ms. Williams was the Assistant Attorney General for the Office of Legal Policy at the United States Department of Justice from August 2017 to December 2020. In that role, she served as the primary policy advisor to the Attorney General and the Deputy Attorney General, and as the Chief Regulatory Officer for the Department. Ms. Williams also led the judicial nomination process for the Department, assisting in the selection and confirmation of more than 230 Article III judges to the bench.
Prior to becoming Assistant Attorney General, Ms. Williams was a litigation and appellate partner at a national law firm, where her practice focused on complex commercial, securities, appellate, and First Amendment litigation. From 2005-2006, Ms. Williams served as Special Counsel to the United States Senate Committee on the Judiciary, where she assisted with the confirmation of Chief Justice John G. Roberts, Jr. and Associate Justice Samuel A. Alito, Jr. to the United States Supreme Court.
Ms. Williams clerked for the Hon. Richard C. Wesley on the United State Court of Appeals for the Second Circuit. She graduated from Harvard College magna cum laude, with a degree in History and Literature, and she earned her law degree from Harvard Law School, where she served as Executive Editor of the Harvard Journal of Law and Public Policy.
National Affairs Columnist, National Review
John Fund is National Affairs Columnist for National Review magazine and a on-air analyst on the Fox News Channel. He is considered a notable expert on American politics and the nexus between politics and economics.
He previously served as a columnist and editorial board member for The Wall Street Journal. He is the author of several books, including Who's Counting: Bow Fraudsters and Bureaucrats Put Your Vote At Risk (Encounter Books, 2012); Stealing Elections: How Voter Fraud Threatens Our Democracy (Encounter Books, 2008) and The Dangers of Regulation Through Litigation (ATRA Press, 2008). He worked as a research analyst for the California Legislature in Sacramento before beginning his journalism career as a reporter for the syndicated columnists Rowland Evans and Robert Novak.
Roll Call, the newspaper of Capitol Hill, called him "the Tom Paine of the modern Congressional reform movement." He has won awards from the Institute for Justice, The School Choice Aliance and the Warren Brooks award for journalistic excellence from the American Legislative Exchange Council.
Plenary Session 1: Executive Power in Action– A View of Presidential Priorities from Trump 45 & 47
Featuring: Hon. Jonathan Berry, Solicitor, U.S. Department of Labor Hon. David Fotouhi, Deputy Administrator, U.S....
Welcome & Opening Remarks
Featuring: Hon. Stanley E. Woodward Jr., Associate Attorney General, U.S. Department of Justice
Shouted Down: When Protest Becomes Censorship
Tiffany H. Bates, Stuart Kyle Duncan, James Hamilton Percival, Ilya Shapiro
Colleges and universities have long been understood as marketplaces of ideas, carrying with them a...
What are the Challenges That Immigration Policy Poses for Businesses?
Simon Hankinson, Randel K. Johnson, James Rogers, Patrick Shen, Chris L. Thomas
Immigration policy has significant impacts on businesses, and the debate over wise immigration policy includes...
Topics
Delaying a Special Election in New York State
New York Congresswoman Elise Stefanik is likely to win Senate approval to be the United...
Predistribution, Labor Standards, and Ideological Drift: Why Some Conservatives Are Embracing Labor Unions (and Why They Shouldn't)
Alexander T. MacDonald
Common ground isn’t always a good thing. For example, consider the growing popularity of “predistribution.”...
A Response to the Constitution's Critics
Johnathan O'Neill
A review of Dennis Hale and Marc Landy, Keeping the Republic: A Defense of American...
Joe Biden Now Has A New Election Partner: The Federal Government
Orange County Lawyers Chapter
Irvine, CAThe War on Independent Work: Why Some Regulators Want to Abolish Independent Contracting, Why They Keep Failing, & Why We Should Declare Peace
Tammy Dee McCutchen, Alexander T. MacDonald
There is a war on independent contracting. Martial metaphors are often overworked in the law....
A Seat at the Sitting - November 2021
Jennie Bradley Lichter, Andrew J. Pincus, David H. Thompson, Beth A. Williams
Join us for the second episode of the Federalist Society’s Supreme Court Show: A Seat at...