Partner, Winston & Strawn LLP
Gordon Coffee is a litigation partner in the firm’s Washington, D.C. office. Coffee’s success in litigating multimillion-dollar claims by and against energy companies has led to his being repeatedly recommended for energy litigation by Legal 500. Among the energy companies for whom he has served as lead trial counsel are Midland Cogeneration Venture, Allegheny Energy Supply, and USGen New England. Coffee also has effectively represented several other businesses in complex commercial litigation at the trial and appellate levels.
Besides commercial litigation, Coffee has defended energy and health-care companies in battles with federal agencies in federal court and administrative proceedings. He recently won summary judgment for a company seeking a multimillion-dollar refund from a federal agency and assisted hydroelectric generators in challenging onerous license conditions imposed by another federal agency. In the health-care arena, he convinced the D.C. Circuit to overturn regulations issued by the Centers for Medicare and Medicaid Services that prohibited physicians from charging technical fees for surgical procedures on a per-use basis, and he secured an injunction barring the Department of Health and Human Services from enforcing Stark Act regulations against lithotripsy providers.
Moreover, Coffee has successfully represented several energy companies in federal agency investigations. Notably, he has secured nearly a dozen favorable resolutions of Federal Energy Regulatory Commission (FERC) and North American Electric Reliability Corporation (NERC) investigations and audits. In several cases, he persuaded FERC or NERC to take no adverse action against the company or to dismiss proposed notices of violations. In other instances, his efforts resulted in substantial reductions in penalties proposed by the agency and helped his clients avoid expensive mitigation and compliance plans.
Director, Electricity Law Initiative, Harvard Law School
Ari Peskoe is the Director of the Electricity Law Initiative at the Harvard Law School Environmental and Energy Law Program. He has written extensively about electricity regulation, on issues ranging from Constitutional challenges to states’ energy laws to federal regulation of distributed energy resources. Prior to the Environmental and Energy Law Program, Ari was an associate at a law firm in Washington, D.C. where he litigated before the Federal Energy Regulatory Commission about the Western Energy Crisis. Before that, Ari was a Peace Corps Volunteer in Ghana and spent two years trying to bring the 2012 Olympics to New York. He received his J.D. from Harvard Law School and graduated from the University of Pennsylvania with degrees in electrical engineering and business.
Professor of History, Western Connecticut State University
Kevin R. C. Gutzman is the New York Times best-selling author of five books, including the new Thomas Jefferson—Revolutionary: A Radical’s Struggle to Remake America, a History Book Club Selection. Gutzman is Professor and former Chairman in the Department of History at Western Connecticut State University and a faculty member at LibertyClassroom.com . He holds a bachelor's degree (With Honors and With Special Honors in History), a master of public affairs degree, and a law degree from the University of Texas at Austin, as well as an MA and a PhD in American history from the University of Virginia.
Dr. Gutzman's first book was the New York Times best-seller The Politically Incorrect Guide to the Constitution, which was a Main Selection of the Conservative Book Club. It is the only Jeffersonian account of American constitutional history. His second book, Virginia’s American Revolution: From Dominion to Republic, 1776-1840, explores the issue what the Revolutionaries made of the Revolution in Thomas Jefferson’s home state. After that, he co-authored Who Killed the Constitution? The Federal Government vs. American Liberty from World War I to Barack Obama with New York Times best-selling author Thomas E. Woods, Jr. His fourth book, James Madison and the Making of America, a Main Selection of the History Book Club, received positive reviews from The Wall Street Journal, The Journal of Southern History, The Washington Times, and numerous other publications. His latest book, Thomas Jefferson—Revolutionary: A Radical’s Struggle to Remake America, published on January 31, 2017, was a Selection of the History Book Club.
Gutzman's essay “Lincoln as Jeffersonian: The Colonization Chimera” appeared in Lincoln Emancipated: The President and the Politics of Race, and his “James Madison and Ratification: A Triumph Over Adversity” appeared in A Companion to James Madison and James Monroe. His scholarly articles have appeared in The Journal of Southern History, The Journal of the Early Republic, The Virginia Magazine of History and Biography, The Review of Politics, and The Journal of the Historical Society, among other publications. He has written a hundred book reviews for outlets scholarly and popular, and he has contributed three dozen essays to historical encyclopedias. Gutzman has written for numerous popular magazines and newspapers, including Canada’s National Post, the San Antonio Express-News, and the Richmond Times-Dispatch, among others.
Kevin R. C. Gutzman has appeared on hundreds of radio programs, such as NPR’s “Backstory With the American History Guys” and many of the most prominent commercial programs, terrestrial and satellite, as well as on national television programs including C-SPAN 2's “BookTV,” CNN's “Lou Dobbs Tonight,” Fox News's “The Glenn Beck Program” (both with Beck and with Judge Andrew Napolitano), and NewsMax TV, besides on the BBC and several local television broadcasts. He has been interviewed by reporters from major outlets such as the AP, The Washington Times, The Philadelphia Enquirer, The Washington Post, The Hartford Business Journal, The Houston Chronicle online, Investor's Business Daily, Money Magazine, Connecticut Magazine, and The New York Times, among others.
Gutzman was a featured expert in the documentary movies “John Marshall: Citizen, Statesman, Jurist” and “Nullification: The Rightful Remedy.”
Professor of Law, American University Washington College of Law
Robert L. Tsai is Professor of Law at American University and a prize-winning essayist in constitutional law and history. Though he was born in Taiwan, he has always considered America his home. In fact, one of the proudest moments of his life was the day he was sworn in as a U.S. citizen. Tsai spent his formative years in the Pacific Northwest, working in his parents’ cafe in charming Port Townsend, Washington, and dreaming about the world beyond his small town. He left the area for college and earned a B.A. magna cum laude in History and Political Science from the University of California, Los Angeles, where he was elected to Phi Beta Kappa and received the Carey McWilliams Prize for his honors thesis on the political significance of early Christian teachings.
He then headed to Yale Law School, where he helped edit the Yale Law Journal, served on the Board of the Morris Tyler Moot Court, and was awarded Honorable Mention for Oral Advocacy as a Harlan Fiske Stone Prize Finalist. After graduating from law school, he learned the intricacies of America’s justice system by working as a law clerk for federal judges in New York and Boston: U.S. District Judge Denny Chin (later appointed by President Obama to the U.S. Court of Appeals for the Second Circuit) and U.S. Court of Appeals Judge Hugh H. Bownes (a Carter appointee who passed away in 2003).
After two years of judicial tutelage, Tsai relocated to the South to become a civil rights lawyer in Georgia. Those exhilarating years working with students, clergy, protesters, prisoners, and the homeless left a lasting impression. His first teaching gig was at the University of Oregon Law School, where he earned tenure, along with awards for teaching and research from the law school and the university.
Tsai is the author of three books, Practical Equality: Forging Justice in a Divided Nation (W.W. Norton Feb. 19, 2019), America’s Forgotten Constitutions: Defiant Visions of Power and Community (Harvard 2014), and Eloquence and Reason: Creating a First Amendment Culture (Yale 2008). Practical Equality, which will be published by W.W. Norton in February 2019, is a call to arms to do the hard work of equality, brimming with historical lessons for how to make social progress in tough times. America’s Forgotten Constitutions, which explores how citizens have written a wide range of alternative constitutions to resist mainstream constitutional law, has been called “captivating,” “magisterial,” and “a remarkable feat of excavation.” Eloquence and Reason, his book on the development of America’s free speech values, has been described as “fresh,” “sophisticated,” and “compelling.”
Tsai’s research spans constitutional law, legal history, democratic theory, American political culture, social movements, criminal procedure, presidential leadership, and radical constitutionalism. He has written about the legal obstacles placed in the way of black civil rights activists, President Franklin Roosevelt and freedom of religion, the philosophy of John Brown and his followers, modern white supremacy and the militia movement, the Republic of New Afrika’s ideas about the Constitution, the historical treatment of migrants, early socialism in America, the rise and fall of the “one world” movement, President Obama’s reversal on same-sex marriage, and ideas of equality in the poetry and fiction of Langston Hughes.
His work has been published by the Journal of American History, Contemporary Political Theory, Constitutional Commentary, Perspectives on Politics, Yale Law Journal, Michigan Law Review, Georgetown Law Journal, Washington University Law Review, and Boston University Law Review. His popular essays have appeared in Los Angeles Review of Books, Boston Globe, Washington Post, Politico, Boston Review, and Slate. He has been interviewed by the New York Times, NPR, and CNN. He lives with his family in Washington, D.C.
Communications Director, Tenth Amendment Center
Michael Maharrey serves as the national communications director for the Tenth Amendment Center and the managing editor of the SchiffGold blog. He hosts his own podcast, Thoughts from Maharrey Head, as well as the Friday Gold Wrap podcast and the It’s Your Dime interview series for SchiffGold.
Michael is the author of three books. Our Last Hope – Rediscovering the Lost Path to Liberty, makes the historical, philosophical and moral case for nullification. Smashing Myths: Understanding Madison’s Notes on Nullification digs deep into James Madison’s views on nullification, focusing on his writing’s later in life. Finally, Michael joined Tenth Amendment Center executive director Michael Boldin in penning Nullification Objections: Dismantling the Opposition, a book that takes apart the common objections to nullification one at a time. He’s also penned several e-books, including The Power of No: The Historical and Constitutional Basis for State Nullification to Limit Federal Powe and Its Practical Application, The Constitution and the Report of 1800, and The Jefferson Letters, Vol. 1: Kentucky and Virginia Resolutions.
Michael earned a degree in Mass Communications and Media Studies from the University of South Florida St. Petersburg. As a non-traditional student, he won several academic awards and was a member of the school’s ethics bowl team that placed eighth in the nation. Mike played for the USF ice hockey team at the ripe old age of 40, earning American Collegiate Hockey Association Academic All-American honors. He also holds a B.S. degree in Accounting from the University of Kentucky. Along with his formal schooling, he’s had the opportunity to associate with and study under some of the top academics in constitutional history and our founding principles.
Michael speaks at events across the United States, and frequently appears as a guest on local, national and international radio shows advancing constitutional fidelity and liberty through decentralization.
As a working journalist, Michael has written and reported for several newspapers, including the St. Petersburg Times and the Kentucky Gazette, covering local and state politics, and sports. Mike won a pair of 2009 Kentucky Press Association awards while serving as the sports editor for the Woodford Sun in 2009. He also worked for a local television news outlet writing web content for the station’s award-winning website.
Michael lives in Lexington, Ky., with his beautiful wife Cynthia, and has two daughters and a son. Although a native Kentuckian, he spent much of his adult life in Florida and considers the Sunshine state his adopted home. In his spare time, he still plays ice hockey and is equally passionate about defending the Constitution and his crease.
Professor of Law, University of Michigan Law School
Christopher J. Walker is a Professor of Law at the University of Michigan. Prior to joining Michigan law faculty in 2022, he spent a decade teaching at The Ohio State University Moritz College of Law. He previously clerked for Justice Anthony Kennedy of the U.S. Supreme Court, worked on the Civil Appellate Staff at the U.S. Department of Justice, and served on the Senate Judiciary Committee staff for the Gorsuch Supreme Court confirmation. Professor Walker’s research focuses on administrative law, regulation, and law and policy at the agency level. Outside the law school, he chaired the American Bar Association’s Section of Administrative Law and Regulatory Practice in 2020-21 and served as one of forty Public Members of the Administrative Conference of the United States from 2016-2022, and he continues to serve in both organizations in various capacities. He also works of counsel at the U.S. Chamber Litigation Center. In 2022, he received the Federalist Society’s Joseph Story Award.
Attorney, Competitive Enterprise Institute
Devin Watkins is an attorney at the Competitive Enterprise Institute. Devin Watkins previously worked at the Cato Institute as a legal associate and interned at the Institute for Justice. At the Cato Institute, Watkins worked on a variety of Supreme Court cases, and one of the briefs he worked on was cited by the Court. His op-eds have appeared in National Review Online, The Hill, Time, and The Federalist among others.
Watkins holds a Juris Doctor cum laude from George Mason University's Antonin Scalia Law School, where he was the development editor on the Mason Law Review. Prior to his legal career Watkins was a senior software developer at Intel and WebMD. He graduated with a Bachelor of Science in Computer Science from Stevens Institute of Technology in Hoboken, New Jersey.
Watkins is a member of the Virginia State Bar, the District of Columbia Bar, the U.S. District Court for the District of Columbia Bar, and the U.S. Court of Appeals for the District of Columbia Circuit Bar.
Partner, Winston & Strawn LLP
Gordon Coffee is a litigation partner in the firm’s Washington, D.C. office. Coffee’s success in litigating multimillion-dollar claims by and against energy companies has led to his being repeatedly recommended for energy litigation by Legal 500. Among the energy companies for whom he has served as lead trial counsel are Midland Cogeneration Venture, Allegheny Energy Supply, and USGen New England. Coffee also has effectively represented several other businesses in complex commercial litigation at the trial and appellate levels.
Besides commercial litigation, Coffee has defended energy and health-care companies in battles with federal agencies in federal court and administrative proceedings. He recently won summary judgment for a company seeking a multimillion-dollar refund from a federal agency and assisted hydroelectric generators in challenging onerous license conditions imposed by another federal agency. In the health-care arena, he convinced the D.C. Circuit to overturn regulations issued by the Centers for Medicare and Medicaid Services that prohibited physicians from charging technical fees for surgical procedures on a per-use basis, and he secured an injunction barring the Department of Health and Human Services from enforcing Stark Act regulations against lithotripsy providers.
Moreover, Coffee has successfully represented several energy companies in federal agency investigations. Notably, he has secured nearly a dozen favorable resolutions of Federal Energy Regulatory Commission (FERC) and North American Electric Reliability Corporation (NERC) investigations and audits. In several cases, he persuaded FERC or NERC to take no adverse action against the company or to dismiss proposed notices of violations. In other instances, his efforts resulted in substantial reductions in penalties proposed by the agency and helped his clients avoid expensive mitigation and compliance plans.
Director, Electricity Law Initiative, Harvard Law School
Ari Peskoe is the Director of the Electricity Law Initiative at the Harvard Law School Environmental and Energy Law Program. He has written extensively about electricity regulation, on issues ranging from Constitutional challenges to states’ energy laws to federal regulation of distributed energy resources. Prior to the Environmental and Energy Law Program, Ari was an associate at a law firm in Washington, D.C. where he litigated before the Federal Energy Regulatory Commission about the Western Energy Crisis. Before that, Ari was a Peace Corps Volunteer in Ghana and spent two years trying to bring the 2012 Olympics to New York. He received his J.D. from Harvard Law School and graduated from the University of Pennsylvania with degrees in electrical engineering and business.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Professor of Law, University of Michigan Law School
Christopher J. Walker is a Professor of Law at the University of Michigan. Prior to joining Michigan law faculty in 2022, he spent a decade teaching at The Ohio State University Moritz College of Law. He previously clerked for Justice Anthony Kennedy of the U.S. Supreme Court, worked on the Civil Appellate Staff at the U.S. Department of Justice, and served on the Senate Judiciary Committee staff for the Gorsuch Supreme Court confirmation. Professor Walker’s research focuses on administrative law, regulation, and law and policy at the agency level. Outside the law school, he chaired the American Bar Association’s Section of Administrative Law and Regulatory Practice in 2020-21 and served as one of forty Public Members of the Administrative Conference of the United States from 2016-2022, and he continues to serve in both organizations in various capacities. He also works of counsel at the U.S. Chamber Litigation Center. In 2022, he received the Federalist Society’s Joseph Story Award.
Attorney, Competitive Enterprise Institute
Devin Watkins is an attorney at the Competitive Enterprise Institute. Devin Watkins previously worked at the Cato Institute as a legal associate and interned at the Institute for Justice. At the Cato Institute, Watkins worked on a variety of Supreme Court cases, and one of the briefs he worked on was cited by the Court. His op-eds have appeared in National Review Online, The Hill, Time, and The Federalist among others.
Watkins holds a Juris Doctor cum laude from George Mason University's Antonin Scalia Law School, where he was the development editor on the Mason Law Review. Prior to his legal career Watkins was a senior software developer at Intel and WebMD. He graduated with a Bachelor of Science in Computer Science from Stevens Institute of Technology in Hoboken, New Jersey.
Watkins is a member of the Virginia State Bar, the District of Columbia Bar, the U.S. District Court for the District of Columbia Bar, and the U.S. Court of Appeals for the District of Columbia Circuit Bar.
Executive Director, Consumers’ Research
Will Hild is the Executive Director of Consumers’ Research. Will has a decade of non-profit, legal and public policy experience. Prior to joining CR, Will served as the Deputy Director of the Regulatory Transparency Project. Before that, he worked at the Philanthropy Roundtable as the Director of External Affairs for the Culture of Freedom Initiative, and as the Chief Operating Officer of that Initiative when it grew to become a separate organization. He helped co-found the public interest law firm, Cause of Action, and served as the firm’s acting communications director for nearly a year.
Will received his J.D. from Georgetown University Law Center, and a B.A. in Political Science from the University of Florida. He is licensed to practice law in the Commonwealth of Virginia.
Will resides in Bethesda, MD, with his wife Cheryl, a practicing OB/GYN, and their son Liam.
Former Congressman, VP and Dir., Center for Law and Government, Liberty University
Former Congressman Hurt is the Vice President and Director of the Center for Law and Government at Liberty University. From 2011 to 2017 he represented Virginia’s 5th Congressional District in the U.S. House of Representatives and served on the House Financial Services Committee.
Congressman Hurt began his time in public service in 2001 as a member of the Chatham Town Council. From 2002 to 2007, Hurt served in the Virginia House of Delegates, and from 2008 to 2010, he represented the 19th District in the Senate of Virginia for two years.
Congressman Hurt lives in Chatham, Virginia with his wife, Kathy, and their three sons, Charles, Clement and John.
Principal, Legis Matters
Karl T. Kurtz is principal of Legis Matters, a consulting firm that focuses on strengthening democratic institutions, especially legislatures, at home and abroad. He previously worked for the National Conference of State Legislatures (NCSL) from its founding in 1975 until his retirement in 2014.
Karl has written, consulted and lectured widely on American state legislatures, elections and public opinion. He is coauthor of Republic on Trial: The Case for Representative Democracy and coeditor of Institutional Change in American Politics: The Case of Term Limits. He has provided advice and assistance in the development of democratic institutions to legislators and legislative staff throughout the world. As a consultant to NCSL, Karl is currently leading a national study of how legislatures can overcome problems of political polarization and effectively reach settlements and negotiate differences on critical issues.
Before joining NCSL, Karl taught political science at the University of Georgia. He worked on the staff of the United States Congress as a Congressional Fellow of the American Political Science Association. He holds an AB degree from Oberlin College and a Ph.D. from Washington University (St. Louis).
Partner, Winston & Strawn LLP
Gordon Coffee is a litigation partner in the firm’s Washington, D.C. office. Coffee’s success in litigating multimillion-dollar claims by and against energy companies has led to his being repeatedly recommended for energy litigation by Legal 500. Among the energy companies for whom he has served as lead trial counsel are Midland Cogeneration Venture, Allegheny Energy Supply, and USGen New England. Coffee also has effectively represented several other businesses in complex commercial litigation at the trial and appellate levels.
Besides commercial litigation, Coffee has defended energy and health-care companies in battles with federal agencies in federal court and administrative proceedings. He recently won summary judgment for a company seeking a multimillion-dollar refund from a federal agency and assisted hydroelectric generators in challenging onerous license conditions imposed by another federal agency. In the health-care arena, he convinced the D.C. Circuit to overturn regulations issued by the Centers for Medicare and Medicaid Services that prohibited physicians from charging technical fees for surgical procedures on a per-use basis, and he secured an injunction barring the Department of Health and Human Services from enforcing Stark Act regulations against lithotripsy providers.
Moreover, Coffee has successfully represented several energy companies in federal agency investigations. Notably, he has secured nearly a dozen favorable resolutions of Federal Energy Regulatory Commission (FERC) and North American Electric Reliability Corporation (NERC) investigations and audits. In several cases, he persuaded FERC or NERC to take no adverse action against the company or to dismiss proposed notices of violations. In other instances, his efforts resulted in substantial reductions in penalties proposed by the agency and helped his clients avoid expensive mitigation and compliance plans.
Director, Electricity Law Initiative, Harvard Law School
Ari Peskoe is the Director of the Electricity Law Initiative at the Harvard Law School Environmental and Energy Law Program. He has written extensively about electricity regulation, on issues ranging from Constitutional challenges to states’ energy laws to federal regulation of distributed energy resources. Prior to the Environmental and Energy Law Program, Ari was an associate at a law firm in Washington, D.C. where he litigated before the Federal Energy Regulatory Commission about the Western Energy Crisis. Before that, Ari was a Peace Corps Volunteer in Ghana and spent two years trying to bring the 2012 Olympics to New York. He received his J.D. from Harvard Law School and graduated from the University of Pennsylvania with degrees in electrical engineering and business.
Deep Dive Episode 73 – Balancing Federal and State Authority in Energy Policy
Gordon Alan Coffee, Ari Peskoe
In statutes such as the Federal Power Act and Clean Water Act, Congress divided responsibility...
Topics
The Political — and Solely Political — Power of Impeachment
The story of impeachment is a simple and straightforward one. So much so, in fact,...
What Is a Constitutional Crisis? Would You Know it if We Were in One?
Kevin R.C Gutzman, Robert L. Tsai, Michael Maharrey
Is the United States experiencing a constitutional crisis--or multiple crises? How would we even know...
Litigation Update: Gundy v. U.S.
Christopher J. Walker, Devin Watkins
Last term in Gundy v. U.S., without Justice Kavanaugh the Court was split between a...
Litigation Update: Gundy v. U.S.
TeleforumLaboratories of Democracy, Part 2: Can Congress learn from State Legislatures?
Article I Initiative
Washington, DCLaboratories of Democracy, Part 2: How Congress can learn from State Legislatures
Article I Initiative
Washington, DCRecent Strains on Cooperative Federalism in the Energy Sector
Gordon Alan Coffee, Ari Peskoe
In statutes such as the Federal Power Act and Clean Water Act, Congress divided responsibility...
Recent Strains on Cooperative Federalism in the Energy Sector
TeleforumSturgeon v. Frost - Post-Decision SCOTUScast
Tony Francois
On March 26, 2019, the Supreme Court decided Sturgeon v. Frost, a case considering whether...