Contributing Editor, The Weekly Standard
Jay Cost is an elections analyst, political historian, and a contributing editor at The Weekly Standard. His most recent book is The Price of Greatness: Alexander Hamilton, James Madison, and the Creation of American Oligarchy.
He received a B.A. with High Distinction in government and history from the University of Virginia and an M.A. in political science from the University of Chicago. He resides in Pennsylvania with his wife and two children.
Vice President, Networks, The Federalist Society for Law and Public Policy Studies
Nathan Kaczmarek is Vice President for Networks at the Federalist Society. He began his legal career in Detroit representing nationwide clients in all phases of healthcare litigation and complex medical malpractice claims. He has since served as a Senior Legal and Policy Advisor in the U.S. House of Representatives and as Counsel for the Subcommittee on Regulatory Affairs and Federal Management in the U.S. Senate. Prior to overseeing the Networks, he was Director of the Practice Groups, the Regulatory Transparency Project, and the Article I Initiative for the Federalist Society.
Nathan holds degrees from Hillsdale College and Thomas M. Cooley Law School. He is a Liaison Representative for The Administrative Conference of the United States. He also serves as Vice President of the Associates of St. John Bosco, a Virginia based non-profit dedicated to Catholic high school and college students.
Former Congressman
Former Congressman Shays was first elected to the House of Representatives in the Connecticut General Assembly where he served from 1975 to 1987. He next served as a member of the United States House of Representatives and represented the 4th District of Connecticut from 1987 to 2009. During his 21 years in Congress, Congressman Shays served on the Government Reform Committee, Financial Services Committee, Budget Committee and the Homeland Security Committee.
Of Counsel, Christian Legal Society's Center for Law & Religious Freedom
Kim Colby has worked for Christian Legal Society’s Center for Law and Religious Freedom since graduating from Harvard Law School in 1981. She has represented religious groups in several appellate cases, including two cases heard by the United States Supreme Court. She has filed numerous amicus briefs in federal and state courts. In 1984, she assisted in congressional passage of the Equal Access Act, 20 U.S.C. § 4071, et seq., which protects the right of secondary school students to meet for prayer and Bible study on campus. Ms. Colby has prepared several CLS publications addressing issues about religious expression in public schools, including released time programs, implementation of the Equal Access Act, and teachers’ religious expression.
Ms. Colby graduated summa cum laude from the University of Illinois with a major in American History and a particular interest in slavery in colonial North America.
General Counsel, Strive Asset Management
When she was unanimously confirmed by the United States
Senate to serve as United States Attorney for the District of
Minnesota in 2006, Rachel Kunjummen Paulose became
the first Indian American woman in American history to be
nominated by the President and confirmed by the Senate
for any federal appointment.
Under Paulose’s leadership, the U.S. Attorney’s Office for
the District of Minnesota recorded the highest number of prosecutions in its history, reflecting the collaborative hard work of law enforcement partners, attorneys, staff, and civic leaders. Paulose also oversaw landmark prosecutions of white collar
crime (including securities, health care, and public corruption cases), narcotics and firearms trafficking cartels, and civil commitment of sexual predators. Paulose tripled child pornography prosecutions, doubled gun prosecutions, and initiated the
first ever prosecutions of human trafficking and aggravated identity theft. Paulose has first chaired jury and bench trials in federal court, briefed and argued cases before the federal appellate courts, and investigated multinational companies in complex parallel criminal and civil international proceedings.
Among other positions in public service, Paulose served as a law clerk to Eighth Circuit Court of Appeals Judge James B. Loken; Trial Attorney for the Voting Section, Civil Rights Division of the U.S. Department of Justice through the Attorney General’s Honors Program; Assistant U.S. Attorney; Senior Counsel to the Deputy
Attorney General; Special Counsel for Health Care Fraud to the Deputy Attorney General; and Special Assistant to the Attorney General of the United States. Paulose also served as Senior Trial Counsel at the U.S. Securities & Exchange Commission. Paulose previously worked as a partner at DLA Piper LLP, then the
largest law firm in the world, and an associate at Williams & Connolly LLP in Washington, D.C.
Paulose has been active in community leadership by serving as a Director of the Yale Law School Fund, Scholarship Judge for the Harry S. Truman Scholarship Foundation, Eighth Circuit Vice President of the Federal Bar Association, Co-Founder of the Federal Bar Association’s Diversity Committee, Director of the National Asian Pacific American Bar Association, American Bar Association
Standing Committee on Public Education, American Bar Association Standing Committee Member on Silver Gavel Awards, Girls State Governor Advisor (after election as the 1990 Ohio Girls State Governor of the largest such program in the nation), Director of the League of Women Voters, Chair of the Committee regarding
the reappointment of the Federal Public Defender of the District of Minnesota (by appointment of the judges of the U.S. Court of Appeals for the Eighth Circuit),
Director of the YMCA Board, guest columnist for the Asian American Press, and frequent contributing author to the American Bar Association Preview of Supreme
Court Cases.
Paulose is a frequently sought commentator. She has provided legal analysis for the BBC, The Wall Street Journal, The Washington Post, USA Today, MSNBC, The Spectator, LBC, Sky News, FOX MN, ABC MN, CBS MN, NBC MN, MPR, and the St. Paul Pioneer Press, among other media representatives. Her live commentary on the Jacob Wetterling plea deal helped KSTP-TV win an Emmy for the day’s
breaking coverage. She has given the keynote addresses at the North American South Asian Bar Association Annual Convention, the North American South Asian Law Students Association Annual Conference, and the National Asian Pacific American Bar Association Annual Meeting (Minnesota). She also presented at the
Nobel Peace Prize Forum, American Bar Association Annual Convention, International Business Law Institute, Jewish Community Relations Council, Yale Law School, and Harvard Law School, among other institutions.
In February 2015, Paulose was honored as one of the thirty leading Minnesota women history makers by the Chief Judge of the District and the Federal Bar Association in what is now a traveling court exhibit. In April 2016, Paulose’s biography was added to the Smithsonian Institution’s collection and featured in the
Smithsonian’s collection, “Beyond Bollywood: Indian Americans Shape the Nation” to honor the stories of groundbreaking Indian Americans.
Paulose taught criminal law, criminal procedure, investigations, and human exploitation (human trafficking and child pornography) at the University of St. Thomas School of Law. She served as the faculty advisor to the Black Law Students Association (BLSA) and the Federalist Society. She also served as a faculty mentor
to graduates and current students, particularly women and students of color.
Paulose received her J.D. from the Yale Law School, where she was a Coker Fellow, Editor of the Yale Journal of Law and Feminism, and Commencement Standard Bearer. She graduated summa cum laude with a B.A. from the University of Minnesota, which she attended on full merit scholarships and where she was the Commencement Speaker, Chair of the Student Representatives to the Board of
Regents, and Phi Beta Kappa. Paulose is a 1991 Harry S. Truman Scholar.
Shareholder, Greenberg Traurig, LLP
Dominic E. Draye has litigated at every level of the state and federal judiciary—from state trial court to the Supreme Court of the United States. His practice focuses on constitutional, regulatory, and environmental matters, and he has represented clients in both the public and private sectors. In the federal appellate courts, Mr. Draye has represented clients in the Second, Fifth, Seventh, Ninth, and D.C. Circuits.
Before joining Greenberg, Mr. Draye served as the Solicitor General of Arizona, where he briefed and argued the State’s highest-profile civil and criminal appeals and served as lead counsel for several multi-state coalitions litigating over agency rulemaking in the D.C. Circuit. Prior to government service, Mr. Draye was a litigator in the Washington, D.C., office of Kirkland & Ellis LLP, where his practice focused on legal issues and appeals.
Mr. Draye is a sought-after speaker on topics of administrative and constitutional law. He clerked for Hon. Edith H. Jones on the United States Court of Appeals for the Fifth Circuit and attended the University of Pennsylvania Law School.
Senior Editor, Reason magazine and Reason.com
Damon Root is a senior editor of Reasonmagazine and Reason.com, where he writes about legal affairs, politics, and history. He is the author of Overruled: The Long War for Control of the U.S. Supreme Court (Palgrave Macmillan).
Root was awarded the R.C. Hoiles Prize for Journalism in 2011 for his writing on eminent domain abuse in New York. His July 2010Reason cover story, "Conservatives v. Libertarians: The debate over judicial activism divides former allies," was nominated for a 2010 Los Angeles Press Club award for best magazine feature or commentary.
Root's writing on the 14th Amendment has been cited in the Georgetown Journal of Law & Public Policy, his reporting on eminent domain has been cited in the Fordham Urban Law Journal, and his work on federalism and gay marriage has been cited in theColumbia Law Review. His 2007 essay on NAACP co-founder Moorfield Storey was recommended inRace & Liberty in America: The Essential Reader (University Press of Kentucky).
Root's writing has appeared in the New York Post, New York Daily News, Chicago Sun-Times,Washington Times, WallStreetJournal.com, New York Press, Cato Policy Report, and other publications.
Root has spoken before audiences at the New York Civil Liberties Union, Columbia University, and the Cato Institute and has appeared on the Fox Business Channel, New York Public Radio, SIRIUS Satellite Radio, and other media outlets.
Root is a graduate of Columbia University, where he received a B.A. in history. He lives in New York's Hudson Valley.
Attorney, Robinson, Bradshaw & Hinson, PA
Erik Zimmerman is a commercial and appellate litigator. He previously clerked for Chief Justice John G. Roberts Jr. of the U.S. Supreme Court and the Honorable J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit. Aided by his experience in the judicial system, Erik represents clients at all levels of the federal and state courts, including the U.S. Supreme Court, federal and state appellate and trial courts, and federal administrative agencies.
Erik has experience in a broad range of subject areas, including contract disputes, employment and labor law, ERISA, and health care and health insurance law. He also represents clients in cases involving constitutional law, communications law, fraud, the False Claims Act, product liability, punitive damages and federal preemption of state law.
Erik's representative matters include helping to secure dismissal of a multibillion dollar breach of contract action in federal district court. He also successfully represented a client in appealing a judgment of nearly $100 million to the U.S. Court of Appeals for the Fourth Circuit in another contract dispute.
Erik also maintains an active pro bono practice. He has represented clients in federal and state appeals involving issues of criminal law, the Fourth Amendment and landlord-tenant law. Erik is admitted only in the District of Columbia.
Founder and Partner, Dowd Scheffel PLLC
Matthew Dowd focuses his skills on complex appellate and trial litigation, with an emphasis on patent and intellectual property issues. Through his years of practice, Mr. Dowd has successfully worked on numerous high-stakes and eclectic legal matters, focusing primarily on all stages of complex patent matters (AIA proceedings, litigation, prosecution, and counseling). Mr. Dowd's expertise and leadership are regularly consulted, as he is frequently asked to comment in the press on leading intellectual property issues.
Mr. Dowd has substantial experience with Hatch-Waxman litigation, including all stages of opinion analysis, litigation, and appeals. His technical background in medicinal chemistry is ideally suited for litigating pharmaceutical patents. He has represented clients in a range of trial forums for patent disputes, such as the Eastern District of Texas and the District of Delaware, as well as the Patent Trial and Appeal Board at the USPTO.
He has argued and briefed numerous appeals before the U.S. Court of Appeals for the Federal Circuit and other courts involving issues such as patent law, Hatch-Waxman, administrative law, Fifth Amendment takings, contract claims, government employment issues, and criminal law. In 2018, Mr. Dowd is co-counsel with the Hon. Richard Posner (ret.) of U.S. Court of Appeals for the Seventh Circuit in an appeal before the U.S. Court of Appeals for the Fourth Circuit.
In 2013, Mr. Dowd represented Nobel Laureate James Watson, co-discoverer of the DNA double helix, as amicus curiae in the groundbreaking 2013 Supreme Court gene patent case. Mr. Dowd has over 15 years of experience representing clients before the U.S. Patent and Trademark Office.
Mr. Dowd is also well-known for his successful pro bono representation in the "free-range kids" case. The case was widely reported in the national, local, and international news.
Mr. Dowd attended The George Washington University Law School, graduating with high honors and being awarded Order of the Coif. While attending law school and before, Mr. Dowd worked full-time as a registered patent agent at the renowned IP boutique Sterne, Kessler, Goldstein & Fox.
After law school, Mr. Dowd clerked for the Honorable Paul R. Michel, Chief Judge (ret.) of the U.S. Court of Appeals for the Federal Circuit. While a law clerk, Mr. Dowd gained an insider's perspective on the appellate process. Understanding the appellate process is critical to maximizing success at the earlier stages of a case.
Mr. Dowd is currently appointed as a Professorial Lecturer in Law at The George Washington University Law School. He teaches appellate advocacy and is the coach for the student moot court team for the AIPLA Giles Sutherland Rich Moot Court Competition.
Prior to his legal career, Mr. Dowd spent four years in a Ph.D. program in medical chemistry, studying organic chemistry, pharmacology, and pharmaceutical drug design. During his Ph.D. program, Mr. Dowd's research discovered a novel structure-activity relationship for nicotinic ligands with potential utility in treating Alzheimer's and Parkinson's diseases. Mr. Dowd attended The College of William and Mary, in Williamsburg, VA, and Regis High School in New York City.
Partner, Duane Morris LLP
Brian Pandya is Partner at Duane Morris LLP. A member of the firm’s Trial Practice Group, Brian represents technology, manufacturing, and healthcare companies in high-stakes litigation, arbitrations, investigations and appeals. He has served as lead trial counsel in a range of intellectual property, antitrust, complex commercial and white-collar matters. He also regularly counsels clients on cybersecurity and national security issues, particularly matters concerning emerging technologies and artificial intelligence.
Before joining Duane Morris, Brian served at the U.S. Department of Justice as Deputy Associate Attorney General from 2019-21, where he oversaw investigations and litigation undertaken by the Antitrust Division and Civil Division and served on several high-profile task forces and trial teams. Brian was also previously a litigation and IP partner at another prominent Washington, DC firm.
Brian clerked for Judge Leonard Davis on the United States District Court for the Eastern District of Texas. He is a two-time recipient of the Federal Circuit Bar Association’s Pro Bono Advocacy Award for work on behalf of military veterans and has served as volunteer federal public defender in the Eastern District of Virginia, among many other bar and community engagements.
Brian graduated cum laude from the University of Michigan Law School, where he was articles editor of the Michigan Telecommunications and Technology Law Review, and with honors and high distinction in mechanical engineering from Penn State University, where he received the Ralph Dorn Hetzel Memorial Award.
Of Counsel, Christian Legal Society's Center for Law & Religious Freedom
Kim Colby has worked for Christian Legal Society’s Center for Law and Religious Freedom since graduating from Harvard Law School in 1981. She has represented religious groups in several appellate cases, including two cases heard by the United States Supreme Court. She has filed numerous amicus briefs in federal and state courts. In 1984, she assisted in congressional passage of the Equal Access Act, 20 U.S.C. § 4071, et seq., which protects the right of secondary school students to meet for prayer and Bible study on campus. Ms. Colby has prepared several CLS publications addressing issues about religious expression in public schools, including released time programs, implementation of the Equal Access Act, and teachers’ religious expression.
Ms. Colby graduated summa cum laude from the University of Illinois with a major in American History and a particular interest in slavery in colonial North America.
Chair, Issues & Appeals, Hunton Andrews Kurth LLP
The former Solicitor General of West Virginia, Mr. Lin has been on the front lines of many precedent-setting cases in appellate courts across the country, including in a US Supreme Court victory that George Will called “the court’s most severe rebuke of a president” since the Truman administration. Having argued more than 60 appeals, he brings to clients a well-honed ability to identify the most persuasive issues for appeal and a practiced understanding of how best to frame complex legal questions in appellate courts.
With experience in the private sector and multiple branches of government, Mr. Lin’s practice has spanned a wide range of issues, including major questions of constitutional and administrative law at the federal and state levels. On behalf of more than two dozen states, he won a stay from the US Supreme Court of the EPA’s Clean Power Plan. Described by the New York Times as an “unprecedented” order, the stay was the first time the Supreme Court had ever put a regulation on hold before review by a federal appeals court. In that same case, Elbert argued before the en banc DC Circuit in an historic proceeding that one commenter quoted in E&E News compared to “the NBA All-Star Game.” At the state level, Elbert led the effort that persuaded the West Virginia Supreme Court of Appeals to overturn an injunction of the state’s right-to-work law.
In 2013, Mr. Lin was appointed the Solicitor General of West Virginia. During his four-and-a-half year tenure, he served as a member of the Attorney General’s senior management team, oversaw all civil and criminal appeals, and argued nearly two dozen cases in federal and state appellate courts. He authored more than twenty-five briefs in the US Supreme Court and more than forty-five formal Opinions of the Attorney General.
Earlier in his career, Mr. Lin served as a trial attorney in the Federal Programs Branch of the US Department of Justice’s Civil Division, where he received a Special Service Award. He has also been a law clerk at all three levels of the federal judiciary: for Justice Clarence Thomas on the US Supreme Court; for Judge William H. Pryor Jr. on the US Court of Appeals for the Eleventh Circuit; and for Senior Judge Robert E. Keeton on the US District Court for the District of Massachusetts.
Mr. Lin speaks regularly on a wide variety of topics, including constitutional law, administrative law, environmental law, state and federal relations, the US Supreme Court, and appellate practice. He has testified before Congress, and has spoken at the national conventions of the American Bar Association, the Association of Corporate Counsel, the National Asian Pacific American Bar Association, the Federalist Society, Americans for Prosperity, and the American Legislative Exchange Council. He is an elected member of the American Law Institute, a public member of the Administrative Conference of the United States, and a fellow of the American Academy of Appellate Lawyers.
Mr. Lin is admitted to practice in the following federal courts: the Supreme Court of the United States; the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Eleventh, D.C., and Federal Circuits; the District of Massachusetts; the Northern and Southern Districts of West Virginia; and the Eastern and Western Districts of Virginia.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Partner, Perkins Coie LLP
Michael Sussmann, formerly with the U.S. Department of Justice, is a nationally-recognized privacy, cybersecurity and national security lawyer. He is engaged on some of the most sophisticated, high-stakes matters today, such as his representation of the Democratic National Committee and Hillary Clinton’s presidential campaign in their responses to Russian hacking in the 2016 presidential election. This work was most recently discussed in the best-selling book Hacks (2017).
Michael has been ranked as a “Privacy and Data Security Expert” in the Chambers Global and Chambers USAdirectories. As such, he is often quoted in The New York Times, The Washington Post, The Wall Street Journal and other media. His legal work also has been cited by investigative reporters in two other important books: Power Wars (2015) and Dragnet Nation (2015). He has provided Congressional testimony and litigated national security issues in federal court.
Congressional Redistricting: Gerrymandering and the People’s House
Jay Cost, Nathan Kaczmarek, Christopher Shays
Congressional redistricting is the process by which voter district boundaries are drawn for the election...
Courthouse Steps: Masterpiece Cakeshop v. Colorado CRC
Kim Colby
On December 5th, The Supreme Court will hear oral arguments in Masterpiece Cakeshop v. Colorado...
Courthouse Steps: Masterpiece Cakeshop v. Colorado CRC
Religious Liberties Practice Group Teleforum
TeleforumMarinello v. United States [SCOTUSbrief]
Rachel K. Paulose
Is it possible to obstruct an IRS investigation with no knowledge that the investigation is...
Courthouse Steps: Christie v. National Collegiate Athletic Association
Federalism & Separation of Powers Practice Group and Regulatory Transparency Project Teleforum
TeleforumAyestas v. Davis - Post-Argument SCOTUScast
Dominic Draye
On November 7, 2017, the Supreme Court heard argument in Ayestas v. Davis, a case...
Christie v. NCAA [SCOTUSbrief]
Damon Root
Does a federal law against sports betting prohibit the state of New Jersey from legalizing...
Patchak v. Zinke - Post-Argument SCOTUScast
Erik R. Zimmerman
On November 7, 2017, the Supreme Court heard argument in Patchak v. Zinke, a case...
Courthouse Steps: Carpenter v. United States
Criminal Law & Procedure and Telecommunications & Electronic Media Practice Groups Teleforum
TeleforumCourthouse Steps: Oil States and SAS Institute Inc. v. Matal
Matthew J. Dowd, Brian Pandya
Oil States Energy Services v. Greene’s Energy Group Has the administrative state gone too far into...