Judge, U.S. District Court, Eastern and Western Districts of Missouri
Josh Divine was most recently the Solicitor General of Missouri, where he oversaw the office's appellate and special litigation divisions. As Solicitor General, Mr. Divine led Missouri's trial and appellate teams to some of its most significant victories. Mr. Divine was lead counsel in blocking $700 billion in student loan bailouts attempted by the federal government. He was lead counsel in obtaining a $25 billion judgment against China for antitrust violations. And he was lead counsel in successfully defending the Missouri law that prohibits gender transition interventions in minors, making Missouri the only state in the nation to prevail at trial against an equal protection challenge to one of these laws. In addition, Mr. Divine's work at the trial court in Missouri v. Biden (restyled Murthy v. Missouri) helped expose systemic violations of the First Amendment by the federal government, which the trial court found was unconstitutionally pressuring social media companies to suppress millions of free speech posts.
Before serving as Solicitor General, Mr. Divine was Chief Counsel to U.S. Senator Josh Hawley, where he oversaw all legal issues, managed matters related to the Judiciary Committee, and developed tech policy. Mr. Divine clerked on the Supreme Court for Justice Thomas and on the Eleventh Circuit for Judge William Pryor. He received a J.D. from Yale Law School and a Bachelor of Science degree in mathematics from the University of Northern Colorado. His recent legal scholarship has appeared in the Virginia Law Review and the Hastings Law Journal.
Judge, United States Court of Appeals, Fifth Circuit
Judge Smith was appointed U.S. Circuit Judge for the Fifth Circuit by President Reagan and entered on duty in January 1988. He attended public schools in Lubbock, Texas, and graduated from Yale University, receiving a B.A. in 1969 and a J.D. in 1972.
Judge Smith was a Law Clerk to U.S. District Judge Halbert Woodward, Northern District of Texas, 1972-1973; with the Houston law firm of Fulbright & Jaworski as an Associate, 1973-1981, and as Partner, 1981-1984; and as City Attorney, City of Houston, 1984-1988. He was Chairman, Civil Service Commission, City of Houston, 1982-1984; and a Director, Harris County Housing Authority, 1978-1980.
Judge Smith lives in Houston and is married to Mary Jane Smith and has four children: Ruth Ann, Clark, J.J., and Brandon. He formerly was Chair of the Advisory Committee on Federal Rules of Evidence of the Judicial Conference of the United States. He assists LexisNexis/Matthew Bender & Co. in periodic revisions of several chapters of Moore’s Federal Practice.
Chairman, Supreme Court and Constitutional Law Practice, Baker Botts LLP
Aaron Streett is the Chairman of Baker Botts’ Supreme Court and Constitutional Law Practice. He has presented oral argument in scores of appeals, covering the U.S. Supreme Court and courts around the country—including over 40 arguments between the Fifth and D.C. Circuits alone. Mr. Streett’s practice involves virtually all substantive areas of the law, including commercial litigation, statutory interpretation, constitutional law, administrative law, securities, and jurisdictional issues. Mr. Streett maintains an active practice in the Supreme Court of the United States, having represented parties in merits cases seven times since 2010, as well as filing numerous amicus and certiorari-stage briefs. Mr. Streett was named one of only six “Appellate MVPs” for 2014 by Law360, which had previously recognized him in 2011 as one of the top five appellate “Rising Stars” under age 40. Mr. Streett has been featured on National Law Journal’s Appellate Hot List three times in recent years and in 2021 was named Houston’s “Lawyer of the Year” for Appellate Practice by Best Lawyers magazine. Mr. Streett is an elected member of the American Law Institute and a fellow of the American Academy of Appellate Lawyers. He serves on the Board of Directors for the Fifth Circuit Bar Association and previously served as President of the Houston Lawyers Chapter of the Federalist Society. Mr. Streett speaks regularly on the Supreme Court and constitutional law to attorneys and law students around the country. Following graduation from Hillsdale College and University of Texas School of Law, Mr. Streett served as a law clerk to the Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and to the Honorable William H. Rehnquist, Chief Justice of the United States.
Justice, Texas Supreme Court
Evan Young is a Justice of the Supreme Court of Texas. Governor Greg Abbott, who appointed Young to fill an unexpired term, swore him into office on November 10, 2021. Justice Young was elected to a full term in November 2022.
Young graduated summa cum laude from Duke University in 1999, where he was inducted into Phi Beta Kappa. He was a British Marshall Scholar at Oxford University, where he completed his studies in 2001 and earned a First Class Honours degree in Modern History, focusing on British constitutional history. He earned his law degree from Yale Law School in 2004.
Young then worked as a lawyer in the judicial and executive branches of the federal government. He first served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit, and then to Justice Antonin Scalia at the U.S. Supreme Court. In 2006, after his clerkship with Justice Scalia ended, Justice Young became Counsel to the Attorney General at the U.S. Department of Justice, serving in the Office of the Attorney General under Attorneys General Alberto R. Gonzales and Michael B. Mukasey. While on the Attorney General’s staff, he accepted a detail to the U.S. Embassy in Baghdad, Iraq, where he was the Deputy Rule of Law Coordinator. In that position he worked to assist the Iraqi government in its efforts to strengthen its legal regime, including, for example, its courts and prison system.
Young returned to Texas and joined the Austin office of Baker Botts L.L.P. in 2009. His practice focused on trial and appellate litigation. He argued cases before both the Supreme Court of the United States and the Supreme Court of Texas, as well as many federal and state appellate courts. He represented clients across the country before every level of the state and federal judiciary.
Before joining the Texas Supreme Court, Young was appointed in 2017 by Governor Abbott and confirmed by the Texas Senate to serve as a member of the Texas Judicial Council, which is the policy-making body for the Texas Judiciary. In 2015, the Texas Supreme Court appointed him to the Supreme Court Advisory Committee, which assists the Court in drafting the rules that govern litigation in Texas courts. He served on both until his elevation to the bench.
Justice Young is an elected member of the American Law Institute and a member of the Texas Philosophical Society. He has been an adjunct law professor for many years at the University of Texas School of Law, where he has frequently taught the Federal Courts and Religious Liberty courses. He also has been an adjunct professor at the University of Mississippi School of Law, where he has taught multiple courses involving U.S. Supreme Court history. He served as Chair of the State Bar of Texas Business Law Section, Chair of the National Center for Missing and Exploited Children's Texas Regional Office, and Trustee of the Texas Supreme Court Historical Society.
Justice Young and his wife, Tobi, live in Austin with their daughter.
Attorney, Pacific Legal Foundation
Erin Wilcox joined PLF in 2018 and works primarily from Austin, Texas. She litigates cases around the country to secure the inalienable rights of all Americans to live responsibly and productively in their pursuit of happiness.
After graduating from law school, Erin defended the individual rights of employees as a litigator for the National Right to Work Legal Defense Foundation, was an attorney-advisor for the D.C. Public Employee Relations Board, and most recently fought for liberty in the Lone Star State as an attorney with the Texas Public Policy Foundation. During law school, Erin clerked at the Institute for Justice and was a Charles Koch Summer Fellow.
A native Texan, Erin ventured east after high school to earn a B.A. in history and political science from Wake Forest University and a J.D. from the Wake Forest University School of Law. In addition to liberty, Erin’s loves include college football, Texas barbecue, and a well-made Old Fashioned.
Partner and Lecturer
Adam Mortara graduated from the University of Chicago in 1996 with a B.Sc. in chemistry. He then attended Magdalene College, Cambridge, where he received a masters degree in astrophysics on a British Marshall Scholarship.
Mr. Mortara graduated from the University of Chicago Law School with highest honors in 2001. Following graduation, he clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and then for Justice Clarence Thomas of the Supreme Court of the United States. After his clerkships, he was a Temple Bar Scholar of the American Inns of Court.
From 2003 to 2020, Mr. Mortara was with Bartlit Beck LLP where he tried high stakes intellectual property cases and, more notably, Students For Fair Admissions v. Harvard. He retired from Bartlit Beck and founded Lawfair LLC, a civil and voting rights firm. He has been a Lecturer in Law at the University of Chicago Law School since 2007, where he teaches Federal Habeas Corpus, Federal Jurisdiction, Criminal Procedure, and Writing for the Judiciary.
Attorney, Pacific Legal Foundation
Erin Wilcox joined PLF in 2018 and works primarily from Austin, Texas. She litigates cases around the country to secure the inalienable rights of all Americans to live responsibly and productively in their pursuit of happiness.
After graduating from law school, Erin defended the individual rights of employees as a litigator for the National Right to Work Legal Defense Foundation, was an attorney-advisor for the D.C. Public Employee Relations Board, and most recently fought for liberty in the Lone Star State as an attorney with the Texas Public Policy Foundation. During law school, Erin clerked at the Institute for Justice and was a Charles Koch Summer Fellow.
A native Texan, Erin ventured east after high school to earn a B.A. in history and political science from Wake Forest University and a J.D. from the Wake Forest University School of Law. In addition to liberty, Erin’s loves include college football, Texas barbecue, and a well-made Old Fashioned.
Attorney, Pacific Legal Foundation
Erin Wilcox joined PLF in 2018 and works primarily from Austin, Texas. She litigates cases around the country to secure the inalienable rights of all Americans to live responsibly and productively in their pursuit of happiness.
After graduating from law school, Erin defended the individual rights of employees as a litigator for the National Right to Work Legal Defense Foundation, was an attorney-advisor for the D.C. Public Employee Relations Board, and most recently fought for liberty in the Lone Star State as an attorney with the Texas Public Policy Foundation. During law school, Erin clerked at the Institute for Justice and was a Charles Koch Summer Fellow.
A native Texan, Erin ventured east after high school to earn a B.A. in history and political science from Wake Forest University and a J.D. from the Wake Forest University School of Law. In addition to liberty, Erin’s loves include college football, Texas barbecue, and a well-made Old Fashioned.
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
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).
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