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.
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.
Partner, Jones Day
Mr. DiNardo oversees Jones Day's Labor & Employment Practice. He is a member of The College of Labor and Employment Lawyers. He has served as a visiting professor of law at Notre Dame Law School and as a guest lecturer at DePaul University College of Law. He has been published in the Journal of College and University Lawand has made numerous presentations on employment law topics.
Lawrence C. DiNardo practices in all areas of employment and labor law, with particular emphasis on employment discrimination litigation, FLSA/wage-hour cases, and other employment litigation, including employee benefits and executive employment contract disputes. He has extensive experience defending employers in class actions and individual cases brought under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Equal Pay Act, the Fair Labor Standards Act, and the Family and Medical Leave Act. His labor practice includes the representation of employers before the National Labor Relations Board, labor arbitrations, and labor negotiations. Mr. DiNardo also has served as labor counsel in business restructurings, sales, and mergers.
Mr. DiNardo's trial and appellate experience is extensive. He has tried more than 35 cases to verdict before juries around the United States and handled an equal number of cases before federal and state appellate courts.
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.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Chancellor's Professor of Law and Political Science, University of California, Irvine School of Law
Professor Richard L. Hasen is Chancellor’s Professor of Law and Political Science at the University of California, Irvine. Hasen is a nationally recognized expert in election law and campaign finance regulation, and is co-author of a leading casebook on election law.
From 2001-2010, he served (with Dan Lowenstein) as founding co-editor of the quarterly peer-reviewed publication, Election Law Journal. He is the author of over 100 articles on election law issues, published in numerous journals including the Harvard Law Review, Stanford Law Review and Supreme Court Review. He was elected to The American Law Institute in 2009 and served as an Adviser on ALI’s law reform project, Principles of Election Law: Resolution of Election Disputes.
Professor Hasen was named one of the 100 most influential lawyers in America by The National Law Journal in 2013, and one of the Top 100 Lawyers in California in 2005 and 2016 by the Los Angeles and San Francisco Daily Journal.
His op-eds and commentaries have appeared in many publications, including The New York Times, The Washington Post, Politico, and Slate. Hasen also writes the often-quoted Election Law Blog, which the ABA Journal named to its “Blawg 100 Hall of Fame” in 2015. His newest book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption, will be published in 2018 by Yale University Press.
Professor Hasen holds a B.A. degree (with highest honors) from UC Berkeley, and a J.D., M.A., and Ph.D. (Political Science) from UCLA. After law school, Hasen clerked for the Honorable David R. Thompson of the United States Court of Appeals for the Ninth Circuit, and then worked as a civil appellate lawyer at the Encino firm Horvitz and Levy.
From 1994-1997, Hasen taught at the Chicago-Kent College of Law and from 1998-2011 he taught at Loyola Law School, Los Angeles, where he was named the William H. Hannon Distinguished Professor of Law in 2005. He joined the UC Irvine School of Law faculty in July 2011, and is a faculty member of the UC Irvine Jack W. Peltason Center for the Study of Democracy.
U.S. Court of Appeals, Ninth Circuit
Sandra Segal Ikuta was confirmed as a judge of the U.S. Court of Appeals for the Ninth Circuit on June 19, 2006. She filled a judgeship vacant since September 1, 2000, when Chief Judge Emeritus James R. Browning took senior status.
Before becoming a U.S. Circuit Judge, California Gov. Arnold Schwarzenegger appointed her to be deputy secretary and general counsel of the California Resources Agency in January 2004.
Prior to her political appointment, Judge Ikuta was a partner at the Los Angeles office of O'Melveny & Myers LLP. She joined the law firm in 1990 as an associate and became a partner in 1997. She specialized in environmental and natural resources law and co-chaired the firm's environmental practice group. She previously served as a law clerk for U.S. Supreme Court Justice Sandra Day O'Connor, 1989-90, and Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit, 1988-89.
Prior to her legal career, Judge Ikuta took an unorthodox career path, which included serving as the first female editor-in-chief of a national martial arts magazine.
She received her J.D. from the University of California at Los Angeles School of Law and a Master of Science from Columbia University School of Journalism. She earned her undergraduate degree from the University of California at Berkeley in 1976.
In addition to her duties as an active U.S. Circuit Judge, Judge Ikuta was an appointed member of the Judicial Conference of the U.S. Advisory Committee on Bankruptcy Rules.
Partner, Gibson Dunn & Crutcher LLP
Daniel M. Kolkey is a partner in the San Francisco office of Gibson, Dunn & Crutcher. A member of the Litigation Department, he is co-chair of the Appellate and Constitutional Law Practice Group. Mr. Kolkey returned to the firm in November 2003 after five years as an Associate Justice on the California Court of Appeal, Third Appellate District, in Sacramento.
Recognized in 2005 and 2007 by California Lawyermagazine as an Attorney of the Year in the fields of Government/Public Policy and Appellate law, respectively, and ranked in the first tier for California Appellate Litigation by Chambers USA in 2010, 2011, 2012, and 2013, Mr. Kolkey's practice focuses on appellate litigation. He has also advised four different governors on legal issues, and served as Governor Pete Wilson’s and Governor Arnold Schwarzenegger's lead negotiator for tribal-state compacts under the Indian Gaming Regulatory Act. He was named in 2004, 2005, and 2006 by the Daily Journal as one of the top 100 attorneys in California. And in May 2010, he was appointed by the California Chief Justice to the California Judicial Council’s Appellate Advisory Committee for a three-year term.
Prior to being appointed as an Associate Justice on the California Court of Appeal, Mr. Kolkey served as Legal Affairs Secretary and counsel to Governor Pete Wilson for four years. As such, he was responsible for all of the legal advice within the Governor's Office; approving all state agency appeals; supervising and directing litigation strategy with respect to lawsuits brought against the Governor in his official capacity; drafting the Governor's civil justice reform legislation; and negotiating tribal-state compacts under the Indian Gaming Regulatory Act.
Before serving Governor Wilson, Mr. Kolkey was a partner at Gibson Dunn, where he handled litigation at both the trial and appellate levels, including commercial disputes, political law litigation, and international arbitration.
As a litigator (before and after his government service from 1995 to 2003), Mr. Kolkey has handled class and shareholder actions; construction, real estate, employment, and contract disputes; unfair competition litigation; and political law litigation, including ballot litigation, Voting Rights Act claims, and redistricting matters.
Co-Chairman, The Federalist Society for Law and Public Policy Studies
Leonard is Co-Chairman and former Executive Vice President of the Federalist Society, joining the organization over 25 years ago. Since that time he has been instrumental in helping the organization top 70,000, focusing on the growth of lawyers membership, operations and activities advancing limited, constitutional government. In addition to his work at the Society, Leonard has advised President Trump on judicial selection, assisted with the Gorsuch and Kavanaugh Supreme Court selection and confirmation process, and served as a member of the transition team. He also organized the outside coalition efforts in support of the Roberts and Alito U.S. Supreme Court confirmations. Leonard was appointed by President George W. Bush to three terms to the U.S. Commission on International Religious Freedom as chairman. He was also a U.S. Delegate to the UN Council and UN Commission on Human Rights during the Bush Administration. Leonard was the recipient of the 2009 Bradley Prize, along with the other founders and directors of the Federalist Society, for his work in advancing freedom and the rule of law. He is the coeditor of Presidential Leadership: Rating the Best and the Worst in the White House, as well as the author of opinion editorials in the New York Times,The Wall Street Journal, and Washington Post. Leonard holds degrees from Cornell University and Cornell Law School. He presently resides in Northern Virginia, where he and his wife Sally have raised their seven children.
Associate Professor of Law, Loyola Law School Los Angeles
Levitt is a national expert in constitutional law and the law of democracy, with particular focus on election administration and redistricting. He has published in the Harvard Law Review, the Yale Law and Policy Review, the Georgetown Law Journal, the William & Mary Law Review, and the peer-reviewed Election Law Journal, among others. In the spring of 2013, he served as a visiting faculty member at the Yale Law School.
Levitt has been invited to testify before committees of the U.S. Senate, the U.S. Civil Rights Commission, several state legislative bodies, and both federal and state courts. His research has been cited extensively in the media and the courts, including the U.S. Supreme Court. He also maintains the website All About Redistricting, tracking the process of state and federal redistricting around the country, including litigation.
Levitt has served in various capacities for several presidential campaigns, including as the National Voter Protection Counsel in 2008, helping to run an effort ensuring that tens of millions of citizens could vote and have those votes counted. Before joining the faculty of Loyola Law School, he was counsel at the Brennan Center for Justice at NYU School of Law, for five years. He has also worked as in-house counsel to the country's largest independent voter registration and engagement operation, and at several nonprofit civil rights and civil liberties organizations.
Levitt served as a law clerk to the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. He holds a law degree and a masters degree in public administration from Harvard University, and was an articles editor for the Harvard Law Review. He is admitted to the bar in California, New Jersey, New York, and the District of Columbia, and to the U.S. Courts of Appeal for the Ninth Circuit and Eleventh Circuit, and the U.S. District Courts in the Central District of California and Northern District of Florida.
Associate Professor and Associate Director, Rose Institute of St, Claremont McKenna College
Dr. Ken Miller became Associate Director of the Rose Institute in 2009. He has served as a member of CMC’s Government faculty since 2003. Dr. Miller’s research focuses on state government institutions, with emphasis on direct democracy (initiative, referendum, and recall) and the interaction between law and politics. His publications include Direct Democracy and the Courts (Cambridge University Press 2009) and a co-edited volume The New Political Geography of California(Berkeley Public Policy Press 2008). Dr. Miller has worked with Rose Institute students on several research projects, including the 24-state Miller-Rose Institute Initiative Database. Dr. Miller returns this year after a year-long sabbatical at Princeton University in Princeton, New Jersey.
Antonin Scalia Professor of Law, Harvard Law School
Stephen E. Sachs is the Antonin Scalia Professor of Law at Harvard Law School, where he teaches civil procedure, conflict of laws, and seminars on constitutional law. His research focuses on the law and theory of constitutional interpretation, the jurisdiction of state and federal courts, the history of procedure and private law, and the role of the general common law in the U.S. legal system.
Sachs has authored numerous articles, essays, and book chapters. He is an elected member of the American Law Institute, an adviser to the ALI’s project on the Restatement of the Law (Third), Conflict of Laws, a former member of the Judicial Conference’s Advisory Committee on Appellate Rules, and a founding member of the Academic Freedom Alliance.
In 2020, Sachs received the Federalist Society’s Joseph Story Award, which recognizes a young academic who has demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact in a manner that advances the rule of law in a free society.
Sachs previously taught at Duke University School of Law and as a visiting professor at the University of Chicago Law School. Before entering academia, he practiced in the Washington, D.C., litigation group of Mayer Brown LLP, and he clerked for Chief Justice John G. Roberts Jr. as well as for Judge Stephen F. Williams of the U.S. Court of Appeals for the D.C. Circuit.
Sachs received his J.D. from Yale Law School, where he was executive editor of the Yale Law Journal and served both as executive editor and articles editor of the Yale Law & Policy Review. A Rhodes Scholar, he graduated from Oxford University with a first-class BA (Hons) degree in philosophy, politics, and economics. He received his A.B. degree summa cum laude in history from Harvard University, earning the Sophia Freund Prize.
Sachs is a licensed attorney in Massachusetts and the District of Columbia, and he is authorized to practice before the D.C. Circuit, the Second Circuit, the Seventh Circuit, and the Supreme Court of the United States.
Associate, Jones Day
Tara Fumerton has a broad range of experience in complex civil litigation, intellectual property law, and corporate internal investigations. Tara has litigated cases in state and federal courts involving class actions, fraud, federal and state False Claims Acts, RICO, patent litigation, and nationwide federal cases consolidated by the Judicial Panel on Multidistrict Litigation (so-called "MDL" cases). For several years, she has represented pharmaceutical companies in lawsuits throughout the country brought by private and government plaintiffs dealing with Medicare, Medicaid, and private insurance reimbursement. With respect to intellectual property law, her experience has primarily involved patent litigation involving semiconductors and semiconductor processing technologies. She also has represented a number of individual and corporate clients in internal and criminal investigations on a diverse range of topics. She has significant experience in managing complex discovery matters; taking, defending, and preparing witnesses for depositions; working with experts; and arguing motions before the court. In addition, she has drafted countless motions of all kinds in state and federal court, including mandamus petitions before the Texas Supreme Court.
Tara is a member of the Illinois Bar Association and The Chicago Bar Association.
Senior Counsel and Director of Strategic Engagement, Alliance Defending Freedom
Jordan Lorence serves as senior counsel and director of strategic engagement with Alliance Defending Freedom, where he plays a key role with the Strategic Relations & Training Team. His work has encompassed a broad range of litigation, with a primary focus on religious liberty, free speech, student privacy, conscience rights of creative professionals, and the First Amendment freedoms of public university students and professors.
Lorence argued before the U.S. Supreme Court in the precedent-setting Southworth v. Board of Regents of the University of Wisconsin System case in 1999, challenging the university’s requirement that forced unwilling students to contribute to campus activist groups. He led the challenge to New York City’s ban on private worship services after hours in vacant public school buildings in the long-running Bronx Household of Faith v. Board of Education of the City of New York case. Lorence also defended the right of conscience in Elane Photography v. Willock at the New Mexico Supreme Court.
Lorence has made media appearances on television and radio shows including Fox News, NBC’s Today Show, and National Public Radio’s All Things Considered. His commentary has also appeared in The Wall Street Journal, USA Today, The New York Daily News, The New York Post, The Philadelphia Inquirer, The Washington Times, The Hill, and National Review.
Before officially joining the organization in 2001, Lorence was a productive allied attorney for many years, actively involved in significant litigation for ADF. He has also worked for the Home School Legal Defense Association, Concerned Women for America, and the American Center for Law and Justice. Lorence earned a J.D. from the University of Minnesota Law School and received a B.A. in journalism from Stanford University. He is admitted to the bar in Minnesota, Virginia, the District of Columbia, the U.S. Supreme Court, and multiple federal appellate and district courts.
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
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