Assistant Professor of Law, Liberty University School of Law
Eric Bolinder joined Liberty University as an Assistant Professor of Law after a 10-year career in public interest litigation, working both as counsel at Cause of Action Institute and managing policy counsel at Americans for Prosperity Foundation.
Most notably, Professor Bolinder argued Loper Bright at the D.C. Circuit and was part of the team that took it from the district court to the Supreme Court. In 2024, the Supreme Court decided Loper Bright, overturning the 40-year precedent of Chevron deference. Professor Bolinder was also part of a team that successfully defended an FTC claim for equitable relief at trial, resulting in no monetary judgment against his clients.
At Cause of Action Institute, Professor Bolinder litigated exclusively against the federal government on both plaintiff actions challenging government regulations and as defense counsel in an agency enforcement proceeding.
At Americans for Prosperity Foundation, Professor Bolinder drove community efforts to plan engagement with strategic litigation opportunities. He also led a team dedicated to government oversight: filing FOIA requests and litigation, connecting with Hill staff, and producing investigative reports.
Partner, Boyden Gray PLLC
Trent McCotter is a partner with Boyden Gray PLLC. He previously served as Deputy Associate Attorney General of the United States and as an Assistant U.S. Attorney.
Mr. McCotter maintains an extensive appellate practice. He has considerable experience identifying and briefing cases that draw the Supreme Court’s attention, having persuaded the Court to grant certiorari in numerous cases raising issues of sovereignty, constitutional rights, due process, and criminal law. He has authored and submitted over 60 briefs at the Court.
He has also personally argued more than fifteen federal appeals across the Second, Fourth, Fifth, Sixth, Ninth, Eleventh, Federal, and D.C. Circuits—including once arguing three separate appeals in just four days. He has also twice argued before the 17-judge en banc Fifth Circuit. He has been counsel in over 50 other appeals raising matters from FOIA and the APA to constitutional rights and statutory construction.
As Deputy Associate Attorney General, Mr. McCotter oversaw DOJ’s Civil Appellate and Federal Programs branches, which are responsible for defending nearly all major litigation against the federal government. During his three years as a federal trial attorney in the Eastern District of Virginia’s “Rocket Docket,” Mr. McCotter won the Attorney General’s Award for Distinguished Service.
During his DOJ tenures, Mr. McCotter also assisted with the confirmations of two Supreme Court justices and over a dozen lower-court judges.
Mr. McCotter served as an inaugural clerk to the Hon. Steven J. Menashi on the U.S. Court of Appeals for the Second Circuit and also clerked for the Hon. R. Lanier Anderson III on the U.S. Court of Appeals for the Eleventh Circuit.
Vice President, Practice Groups, The Federalist Society
Senior Advisor to the Governor, State of Florida
Eric Soskin is the team leader for Florida’s DOGE initiative, identifying wasteful and unnecessary spending within the state government, local governments, state colleges, and universities as Senior Advisor to Florida Governor Ron DeSantis. He previously served in the federal government as Inspector General for the U.S. Department of Transportation, as Senior Trial Counsel and Counsel to the Assistant Attorney General at the U.S. Department of Justice.
In extending the DOGE mission to Florida, Gov. DeSantis and Mr. Soskin are assuring that citizens receive efficient and effective government at all levels of our federal system, as taxpayers are entitled to expect. Florida has long been a leader in efficient state government, relying on the fewest state employees per capita to deliver government services with excellence and reliability. Nevertheless, there is more to be done to take advantage of this inspiring moment of public enthusiasm for government reform efforts.
Mr. Soskin was previously nominated by President Trump, and confirmed by the Senate, as the 7th Inspector General of the Department of Transportation. As IG, he provided oversight to the programs and operations of DOT, guiding audits that identified improvements to the Department’s efficiency and effectiveness as well as opportunities to combat waste and fraud. He also led DOT’s principal law enforcement component, with over 100 federal law enforcement officers investigating crimes against America’s transportation networks. While serving, he introduced mandatory training for law enforcement agents in the First and Second Amendments, and educated all agency staff in the U.S. Constitution and highlights from American history. When President Trump removed nearly all then-serving IGs in 2025, Mr. Soskin filed an amicus brief in support of the President’s authority to do so, explaining why IGs should be treated as principal officers for whom statutory removal restrictions cannot be constitutional.
During 14 years at the Department of Justice, Mr. Soskin specialized in constitutional and administrative law, representing the President, Cabinet officials and agencies, and law enforcement in district court. His work included defending President Trump’s Executive Orders on immigration, the public-charge rule, and actions to assert the state secrets privilege and other executive privileges. Mr. Soskin also served as one of DOJ’s leading experts in Second Amendment and firearms litigation and spent four years defending habeas petitions brought by Al Qaeda terrorists detained at Guantanamo Bay. He also taught trial advocacy, deposition practice, and received the Attorney General’s 2nd highest award for his work on Supreme Court confirmations.
Mr. Soskin graduated from Williams College and Harvard Law School and clerked for Judge Paul S. Diamond of the Eastern District of Pennsylvania.
Senior Fellow, American Enterprise Institute
Philip Wallach is a senior fellow at the American Enterprise Institute (AEI), where he studies America’s separation of powers, with a focus on regulatory policy issues and the relationship between Congress and the administrative state.
In his latest book Why Congress (Oxford University Press, 2023), Dr. Wallach defends the centrality of Congress in America’s constitutional system, traces the roots of current dysfunction, and suggests how the institution might be restored.
Before joining AEI, Dr. Wallach was a senior fellow in governance studies at the Brookings Institution, where he authored To the Edge: Legality, Legitimacy, and the Responses to the 2008 Financial Crisis (Brookings Institution Press, 2015). He was later affiliated with the R Street Institute and served as a fellow with the House Select Committee on the Modernization of Congress in 2019.
Dr. Wallach’s scholarly and popular work has been published widely, including in the publications of the Brookings Center on Regulation and Markets, Studies in American Political Development, Fortune, National Affairs, National Review, Law & Liberty, Los Angeles Times, RealClearPolicy, the Bulwark, the Hill, the Wall Street Journal, and the Washington Post. A frequent conference participant, he has lectured at William & Mary, the University of Oregon, Northwestern University’s Medill School of Journalism, and the University of Michigan, among others.
Dr. Wallach received a master’s and doctorate in politics from Princeton University and a bachelor’s degree from Wesleyan University’s College of Social Studies.
Solicitor General of Missouri
Lou Capozzi is the Solicitor General of Missouri. In that role, he oversees all appeals for the State of Missouri. He is also the Director of Special Litigation and litigates high-stakes cases at trial.
Lou previously worked at Jones Day, where he specialized in administrative and election law. At Jones Day, he helped lead a six-week bench trial in federal court, during which he cross-examined important expert and fact witnesses, delivered closing argument, asserted evidentiary objections, and argued several motions, including a motion for a directed verdict. He has also authored briefs at all phases of litigation--from evidentiary motions to dispositive motions and appeals.
Lou is also Lecturer in Law at the University of Pennsylvania Carey Law School and a Public Member of the Administrative Conference of the United States. He has published several academic articles focusing on administrative law.
Lou clerked for Justice Neil Gorsuch at the United States Supreme Court in the 2021 Term, as well as for Judges J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit and Anthony Scirica of the United States Court of Appeals for the Third Circuit. He gradated as the valedictorian from the University of Pennsylvania Law School in 2019.
Partner, Dechert LLP
In a career spanning both private and public practice, Steven A. Engel is a leading litigator and counselor, acting as an advocate in high-profile trial and appellate matters and advising clients on their most sensitive and complex legal issues. Mr. Engel is the Chair of Dechert’s Appellate and Regulatory Litigation Group and has appeared in courts across the country, handling a wide range of civil litigation matters, including administrative law, commercial litigation, constitutional law and securities cases. He regularly counsels clients on challenges to agency regulations and in connection with government, congressional and internal investigations.
Until January 2021, Mr. Engel served as the Assistant Attorney General for the Department of Justice’s Office of Legal Counsel. As the head of the office, Mr. Engel served as the chief counsel to the Attorney General and the principal legal adviser to the Executive Branch, providing legal advice to the President and cabinet secretaries on the most critical constitutional and statutory questions, including matters pertaining to national security, administrative law, criminal law, congressional oversight, and executive orders. In December 2020, Mr. Engel was awarded the Department of Justice’s highest honor, the Edmund J. Randolph Award, for outstanding service to the Department.
Before his appointment as Assistant Attorney General in 2017, Mr. Engel had been a partner at Dechert since 2009 and previously served as Deputy Assistant Attorney General for the Department of Justice’s Office of Legal Counsel. Mr. Engel clerked on the U.S. Supreme Court for Associate Justice Anthony M. Kennedy and on the U.S. Court of Appeals for the Ninth Circuit for Judge Alex Kozinski.
Mr. Engel is a member of the Advisory Committee on Rules for the U.S. Court of Appeals for the District of Columbia Circuit and the Administrative Conference of the United States. He has been an Adjunct Professor at the Antonin Scalia School of Law at George Mason University and the Columbus School of Law at the Catholic University of America and was formerly the Chief Justice William H. Rehnquist Distinguished Practitioner in Residence at the C. Boyden Gray Center for the Study of the Administrative State. He has been nationally ranked as a leading lawyer in The Legal 500 USA and Benchmark Litigation. Mr. Engel has frequently commented on legal subjects in numerous publications, including The New York Times, The Washington Post, The Wall Street Journal and USA Today, and has appeared on national news programs as a legal analyst, including on MSNBC, CNN, Fox News Channel and the Fox Business Network. Mr. Engel has testified on several occasions before committees of the U.S. House of Representatives and the Senate.
John Gore is a former U.S. Department of Justice (DOJ) senior official who delivers results for clients in high-stakes litigation and crisis matters. John's broad litigation experience includes arguing in the United States Supreme Court and first-chairing trials and appeals in federal and state courts across the country. He also represents clients facing Congressional oversight and government investigations.
John previously served as the Acting Assistant Attorney General for the Civil Rights Division at DOJ. As the head of one of DOJ's most significant litigating components, John led the Department's civil and criminal civil rights enforcement nationwide under such statutes as the Voting Rights Act (VRA), Title VII, 8 U.S.C. 1324b of the Immigration and Nationality Act, Title IX, the Americans with Disabilities Act (ADA), the Fair Housing Act, the Hate Crimes Prevention Act, and the Trafficking Victims Protection Act.
During his DOJ tenure, John launched several successful law enforcement initiatives, including a record-setting initiative to combat housing discrimination and initiatives to end employment discrimination, to protect religious liberty, and to uphold First Amendment freedoms. Moreover, under John's leadership, the Civil Rights Division prosecuted several high-profile hate crimes and contributed to DOJ's record-setting numbers of human trafficking prosecutions. John also testified twice before Congress on DOJ's civil rights enforcement efforts.
Judge, United States Court of Appeals, Third Circuit
Judge Hardiman was appointed to the United States Court of Appeals for the Third Circuit on January 9, 2007 and was confirmed by the Senate (95-0) on March 15, 2007. Prior to becoming an appellate judge, Judge Hardiman served as a trial judge on the United States District Court for the Western District of Pennsylvania as of November 1, 2003. In 2008, Chief Justice John Roberts appointed Judge Hardiman to the Information Technology Committee of the Judicial Conference of the United States. Judge Hardiman was appointed Chairman of the IT Committee in 2013 and served in that capacity until September 2021. In 2021 he was appointed by the Director of the Administrative Office of the United States Courts to serve as Chair of the Judiciary IT Security Task Force, which completed its work in fall 2023. Chief Justice Roberts appointed Judge Hardiman to the Board of the Federal Judicial Center to serve from March 2020 until March 2024. As part of his work with the Center, Judge Hardiman now serves as Editor in Chief for the Manual for Complex Civil Litigation, Fifth.
Before entering judicial service, Judge Hardiman handled a wide variety of litigation matters in state and federal trial and appellate courts as a partner at Reed Smith LLP (1999-2003), a partner at Titus & McConomy LLP (1996-1999), and as an associate with its predecessor firm, Cindrich & Titus (1992-1996). Judge Hardiman began his legal career as an associate in the Washington, D.C. office of Skadden, Arps, Slate, Meagher & Flom (1990-1992).
A 1987 honors graduate of the University of Notre Dame, Judge Hardiman received his law degree in 1990 from the Georgetown University Law Center, where he served as a Notes and Comments Editor on the Georgetown Law Journal. In 2012, Judge Hardiman was elected as a member of the American Law Institute and was elected to its Council in 2019 and its Executive Committee in 2025. Judge Hardiman regularly teaches a seminar on Advanced Constitutional Law at Duquesne University School of Law and a one-week course entitled “Constitutional Law: the First and Second Amendments” at Georgetown University Law Center.
A native of Waltham, Massachusetts, Judge Hardiman has chambers in Pittsburgh, Pennsylvania. He and his wife Lori married in 1992 and have three children.
Director, Center for Education Policy and Mark A. Kolokotrones Fellow in Education, The Heritage Foundation
As director of the Center for Education Policy at The Heritage Foundation, Lindsey Burke oversees Heritage’s research and policy on issues pertaining to preschool, K-12, and higher education reform. Burke’s research has been presented at academic conferences and published in peer-reviewed journals including Social Science Quarterly, Educational Research and Evaluation, and the Journal of School Choice, and her commentary and op-eds have appeared in numerous magazines and newspapers. She is a frequent guest on radio and television shows and speaks on education reform issues across the country and internationally. She has published evaluations of education choice options for public policy foundations across the country and has done extensive work shaping and evaluating education savings accounts (ESAs).
In 2021, Burke was tapped to join Governor-elect Glenn Youngkin’s transition steering committee and was also appointed to serve on the Youngkin landing team for education. Burke was also appointed by Governor Youngkin to serve on the Board of Visitors for George Mason University. Her term runs from July 1, 2022 to June 30, 2026.
Burke also serves as a fellow at EdChoice, the namesake foundation of Milton and Rose Friedman, on the national advisory board of Learn4Life, a network of public charter schools serving “opportunity youth,” on the board of the Educational Freedom Institute, on the advisory board of the Independent Women’s Forum’s Education Freedom Center, and as a Trustee of Choice Media.
In 2015, Burke won Heritage’s prestigious W. Glenn and Rita Ricardo Campbell Award in recognition of her work fighting for expanded education choice options. The award is given annually to a policy expert who has made “an outstanding contribution to the analysis and promotion of a free society.”
Burke holds a bachelor's degree in politics from Hollins University in Roanoke, VA, and a master of teaching degree in foreign language education from the University of Virginia. She earned her Ph.D. in education policy from George Mason University, where she examined the intersection of education choice and institutional theory.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Former Assistant Secretary for Civil Rights, U.S. Department of Education; Former Chair, U.S. Commission on Civil Rights
Catherine E. Lhamon served as Assistant Secretary of Education for Civil Rights from November 17, 2021 to January 20, 2025. Before that, she served as the Chair of the U.S. Commission on Civil Rights. President Obama appointed Lhamon to a six-year term on the Commission on December 15, 2016, and the Commission unanimously confirmed the President’s designation of Lhamon to chair the Commission on December 28, 2016. Lhamon also serves in the cabinet of California Governor Gavin Newsom, where she has been Legal Affairs Secretary since January 2019. Lhamon previously litigated civil rights cases at the National Center for Youth Law.
Before coming to the Commission, Lhamon served as the Assistant Secretary for Civil Rights at the U.S. Department of Education until January 2017. President Obama nominated her to the Assistant Secretary for Civil Rights position on June 10, 2013, and she was unanimously confirmed by the U.S. Senate on August 1, 2013. Immediately prior to joining the Department of Education, Lhamon was director of impact litigation at Public Counsel, the nation’s largest pro bono law firm. Before that, she practiced for a decade at the ACLU of Southern California, ultimately as assistant legal director.
Earlier in her career, Lhamon was a teaching fellow and supervising attorney in the Appellate Litigation Program at Georgetown University Law Center, after clerking for The Honorable William A. Norris on the United States Court of Appeals for the Ninth Circuit. In 2016, Politico Magazine named Lhamon one of Politico 50 Thinkers Transforming Politics and the National Action Network honored Lhamon with their Action & Authority Award. In 2015, Yale Law School named Lhamon their Gruber Distinguished Lecturer and the Association of University Centers on Disabilities awarded Lhamon their Special Recognition Award. Chronicle of Higher Education named Lhamon to their 2014 Influence List as the Enforcer. The Daily Journal listed her as one of California’s Top Women Litigators in 2010 and 2007, and as one of the Top 20 California Lawyers Under 40 in 2007. In 2004, California Lawyer magazine named Lhamon Attorney of the Year for Civil Rights.
Lhamon received her J.D. from Yale Law School, where she was the Outstanding Woman Law Graduate, and she graduated summa cum laude from Amherst College.
Thomas P. O’Neill, Jr. Professor of American Politics, Boston College; Co-Chair , Harvard Program on Constitutional Government
R. Shep Melnick is the Thomas P. O’Neill, Jr. Professor of American Politics at Boston College and co-chair of the Harvard Program on Constitutional Government. He is the author of The Crucible of Desegregation: The Uncertain Search for Educational Equality (Univeristy of Chicago Press, 2023); The Transformation of Title IX: Regulating Gender Equality in Education, (Brookings, 2018), Between the Lines: Interpreting Welfare Rights (Brookings,1994), and Regulation and the Courts: The Case of the Clean Air Act (Brookings, 1983), as well as many articles on courts, agencies, and public policy. He is currently completing a book on education and the civil rights state. In 2012 he received the American Political Science Association Law and Courts Section’s “Lasting Contribution” award. He received his BA and PhD from Harvard, and taught at Harvard and Brandeis before moving to Boston College. He has also been a Research Associate at Brookings, President of the New England Political Science Association, and an elected member of the NH House of Representatives.
General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Assistant Professor of Law, Liberty University School of Law
Eric Bolinder joined Liberty University as an Assistant Professor of Law after a 10-year career in public interest litigation, working both as counsel at Cause of Action Institute and managing policy counsel at Americans for Prosperity Foundation.
Most notably, Professor Bolinder argued Loper Bright at the D.C. Circuit and was part of the team that took it from the district court to the Supreme Court. In 2024, the Supreme Court decided Loper Bright, overturning the 40-year precedent of Chevron deference. Professor Bolinder was also part of a team that successfully defended an FTC claim for equitable relief at trial, resulting in no monetary judgment against his clients.
At Cause of Action Institute, Professor Bolinder litigated exclusively against the federal government on both plaintiff actions challenging government regulations and as defense counsel in an agency enforcement proceeding.
At Americans for Prosperity Foundation, Professor Bolinder drove community efforts to plan engagement with strategic litigation opportunities. He also led a team dedicated to government oversight: filing FOIA requests and litigation, connecting with Hill staff, and producing investigative reports.
Partner, Boyden Gray PLLC
Trent McCotter is a partner with Boyden Gray PLLC. He previously served as Deputy Associate Attorney General of the United States and as an Assistant U.S. Attorney.
Mr. McCotter maintains an extensive appellate practice. He has considerable experience identifying and briefing cases that draw the Supreme Court’s attention, having persuaded the Court to grant certiorari in numerous cases raising issues of sovereignty, constitutional rights, due process, and criminal law. He has authored and submitted over 60 briefs at the Court.
He has also personally argued more than fifteen federal appeals across the Second, Fourth, Fifth, Sixth, Ninth, Eleventh, Federal, and D.C. Circuits—including once arguing three separate appeals in just four days. He has also twice argued before the 17-judge en banc Fifth Circuit. He has been counsel in over 50 other appeals raising matters from FOIA and the APA to constitutional rights and statutory construction.
As Deputy Associate Attorney General, Mr. McCotter oversaw DOJ’s Civil Appellate and Federal Programs branches, which are responsible for defending nearly all major litigation against the federal government. During his three years as a federal trial attorney in the Eastern District of Virginia’s “Rocket Docket,” Mr. McCotter won the Attorney General’s Award for Distinguished Service.
During his DOJ tenures, Mr. McCotter also assisted with the confirmations of two Supreme Court justices and over a dozen lower-court judges.
Mr. McCotter served as an inaugural clerk to the Hon. Steven J. Menashi on the U.S. Court of Appeals for the Second Circuit and also clerked for the Hon. R. Lanier Anderson III on the U.S. Court of Appeals for the Eleventh Circuit.
Vice President, Practice Groups, The Federalist Society
Senior Advisor to the Governor, State of Florida
Eric Soskin is the team leader for Florida’s DOGE initiative, identifying wasteful and unnecessary spending within the state government, local governments, state colleges, and universities as Senior Advisor to Florida Governor Ron DeSantis. He previously served in the federal government as Inspector General for the U.S. Department of Transportation, as Senior Trial Counsel and Counsel to the Assistant Attorney General at the U.S. Department of Justice.
In extending the DOGE mission to Florida, Gov. DeSantis and Mr. Soskin are assuring that citizens receive efficient and effective government at all levels of our federal system, as taxpayers are entitled to expect. Florida has long been a leader in efficient state government, relying on the fewest state employees per capita to deliver government services with excellence and reliability. Nevertheless, there is more to be done to take advantage of this inspiring moment of public enthusiasm for government reform efforts.
Mr. Soskin was previously nominated by President Trump, and confirmed by the Senate, as the 7th Inspector General of the Department of Transportation. As IG, he provided oversight to the programs and operations of DOT, guiding audits that identified improvements to the Department’s efficiency and effectiveness as well as opportunities to combat waste and fraud. He also led DOT’s principal law enforcement component, with over 100 federal law enforcement officers investigating crimes against America’s transportation networks. While serving, he introduced mandatory training for law enforcement agents in the First and Second Amendments, and educated all agency staff in the U.S. Constitution and highlights from American history. When President Trump removed nearly all then-serving IGs in 2025, Mr. Soskin filed an amicus brief in support of the President’s authority to do so, explaining why IGs should be treated as principal officers for whom statutory removal restrictions cannot be constitutional.
During 14 years at the Department of Justice, Mr. Soskin specialized in constitutional and administrative law, representing the President, Cabinet officials and agencies, and law enforcement in district court. His work included defending President Trump’s Executive Orders on immigration, the public-charge rule, and actions to assert the state secrets privilege and other executive privileges. Mr. Soskin also served as one of DOJ’s leading experts in Second Amendment and firearms litigation and spent four years defending habeas petitions brought by Al Qaeda terrorists detained at Guantanamo Bay. He also taught trial advocacy, deposition practice, and received the Attorney General’s 2nd highest award for his work on Supreme Court confirmations.
Mr. Soskin graduated from Williams College and Harvard Law School and clerked for Judge Paul S. Diamond of the Eastern District of Pennsylvania.
Senior Fellow, American Enterprise Institute
Philip Wallach is a senior fellow at the American Enterprise Institute (AEI), where he studies America’s separation of powers, with a focus on regulatory policy issues and the relationship between Congress and the administrative state.
In his latest book Why Congress (Oxford University Press, 2023), Dr. Wallach defends the centrality of Congress in America’s constitutional system, traces the roots of current dysfunction, and suggests how the institution might be restored.
Before joining AEI, Dr. Wallach was a senior fellow in governance studies at the Brookings Institution, where he authored To the Edge: Legality, Legitimacy, and the Responses to the 2008 Financial Crisis (Brookings Institution Press, 2015). He was later affiliated with the R Street Institute and served as a fellow with the House Select Committee on the Modernization of Congress in 2019.
Dr. Wallach’s scholarly and popular work has been published widely, including in the publications of the Brookings Center on Regulation and Markets, Studies in American Political Development, Fortune, National Affairs, National Review, Law & Liberty, Los Angeles Times, RealClearPolicy, the Bulwark, the Hill, the Wall Street Journal, and the Washington Post. A frequent conference participant, he has lectured at William & Mary, the University of Oregon, Northwestern University’s Medill School of Journalism, and the University of Michigan, among others.
Dr. Wallach received a master’s and doctorate in politics from Princeton University and a bachelor’s degree from Wesleyan University’s College of Social Studies.
Director, Center for Education Policy and Mark A. Kolokotrones Fellow in Education, The Heritage Foundation
As director of the Center for Education Policy at The Heritage Foundation, Lindsey Burke oversees Heritage’s research and policy on issues pertaining to preschool, K-12, and higher education reform. Burke’s research has been presented at academic conferences and published in peer-reviewed journals including Social Science Quarterly, Educational Research and Evaluation, and the Journal of School Choice, and her commentary and op-eds have appeared in numerous magazines and newspapers. She is a frequent guest on radio and television shows and speaks on education reform issues across the country and internationally. She has published evaluations of education choice options for public policy foundations across the country and has done extensive work shaping and evaluating education savings accounts (ESAs).
In 2021, Burke was tapped to join Governor-elect Glenn Youngkin’s transition steering committee and was also appointed to serve on the Youngkin landing team for education. Burke was also appointed by Governor Youngkin to serve on the Board of Visitors for George Mason University. Her term runs from July 1, 2022 to June 30, 2026.
Burke also serves as a fellow at EdChoice, the namesake foundation of Milton and Rose Friedman, on the national advisory board of Learn4Life, a network of public charter schools serving “opportunity youth,” on the board of the Educational Freedom Institute, on the advisory board of the Independent Women’s Forum’s Education Freedom Center, and as a Trustee of Choice Media.
In 2015, Burke won Heritage’s prestigious W. Glenn and Rita Ricardo Campbell Award in recognition of her work fighting for expanded education choice options. The award is given annually to a policy expert who has made “an outstanding contribution to the analysis and promotion of a free society.”
Burke holds a bachelor's degree in politics from Hollins University in Roanoke, VA, and a master of teaching degree in foreign language education from the University of Virginia. She earned her Ph.D. in education policy from George Mason University, where she examined the intersection of education choice and institutional theory.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Former Assistant Secretary for Civil Rights, U.S. Department of Education; Former Chair, U.S. Commission on Civil Rights
Catherine E. Lhamon served as Assistant Secretary of Education for Civil Rights from November 17, 2021 to January 20, 2025. Before that, she served as the Chair of the U.S. Commission on Civil Rights. President Obama appointed Lhamon to a six-year term on the Commission on December 15, 2016, and the Commission unanimously confirmed the President’s designation of Lhamon to chair the Commission on December 28, 2016. Lhamon also serves in the cabinet of California Governor Gavin Newsom, where she has been Legal Affairs Secretary since January 2019. Lhamon previously litigated civil rights cases at the National Center for Youth Law.
Before coming to the Commission, Lhamon served as the Assistant Secretary for Civil Rights at the U.S. Department of Education until January 2017. President Obama nominated her to the Assistant Secretary for Civil Rights position on June 10, 2013, and she was unanimously confirmed by the U.S. Senate on August 1, 2013. Immediately prior to joining the Department of Education, Lhamon was director of impact litigation at Public Counsel, the nation’s largest pro bono law firm. Before that, she practiced for a decade at the ACLU of Southern California, ultimately as assistant legal director.
Earlier in her career, Lhamon was a teaching fellow and supervising attorney in the Appellate Litigation Program at Georgetown University Law Center, after clerking for The Honorable William A. Norris on the United States Court of Appeals for the Ninth Circuit. In 2016, Politico Magazine named Lhamon one of Politico 50 Thinkers Transforming Politics and the National Action Network honored Lhamon with their Action & Authority Award. In 2015, Yale Law School named Lhamon their Gruber Distinguished Lecturer and the Association of University Centers on Disabilities awarded Lhamon their Special Recognition Award. Chronicle of Higher Education named Lhamon to their 2014 Influence List as the Enforcer. The Daily Journal listed her as one of California’s Top Women Litigators in 2010 and 2007, and as one of the Top 20 California Lawyers Under 40 in 2007. In 2004, California Lawyer magazine named Lhamon Attorney of the Year for Civil Rights.
Lhamon received her J.D. from Yale Law School, where she was the Outstanding Woman Law Graduate, and she graduated summa cum laude from Amherst College.
Thomas P. O’Neill, Jr. Professor of American Politics, Boston College; Co-Chair , Harvard Program on Constitutional Government
R. Shep Melnick is the Thomas P. O’Neill, Jr. Professor of American Politics at Boston College and co-chair of the Harvard Program on Constitutional Government. He is the author of The Crucible of Desegregation: The Uncertain Search for Educational Equality (Univeristy of Chicago Press, 2023); The Transformation of Title IX: Regulating Gender Equality in Education, (Brookings, 2018), Between the Lines: Interpreting Welfare Rights (Brookings,1994), and Regulation and the Courts: The Case of the Clean Air Act (Brookings, 1983), as well as many articles on courts, agencies, and public policy. He is currently completing a book on education and the civil rights state. In 2012 he received the American Political Science Association Law and Courts Section’s “Lasting Contribution” award. He received his BA and PhD from Harvard, and taught at Harvard and Brandeis before moving to Boston College. He has also been a Research Associate at Brookings, President of the New England Political Science Association, and an elected member of the NH House of Representatives.
General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Partner, Boyden Gray PLLC
Michael Buschbacher is a partner at Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Director of the Center for Energy and Environment and Senior Fellow, Competitive Enterprise Institute
Daren Bakst is Director of the Competitive Enterprise Institute’s Center for Energy and Environment and a Senior Fellow. In this role, he manages, develops, and leads the coalition, advocacy, and research activities of the Center, which is one of the most effective advocates for Free Market Environmentalism.
Before joining CEI as Deputy Director in March, 2023, Daren was a Senior Research Fellow in Environmental Policy and Regulation at the Heritage Foundation, where he played a leading role in the launch of the organization’s new energy and environment center, and created and hosted the Heritage Foundation’s energy and environment podcast the “PowerCast.” During his decade at Heritage, Daren wrote about energy and environmental policy, food and agricultural policy (including editing and co-authoring the book Farms and Free Enterprise), regulation, and trade among other topics.
Daren also worked on environmental policy and regulation at the U.S. Chamber of Commerce, where he was a policy counsel and served as the executive to the association’s Government Oversight, Operations & Consumer Affairs committee, which was responsible for issues such as regulatory process reform. Daren has significant state level experience, working for seven years at the Raleigh, N.C.-based John Locke Foundation, one of the largest state-based, free-market think tanks. As director of legal and regulatory studies, his broad portfolio included energy and environmental policy, regulatory reform, and property rights.
Daren has testified numerous times before Congress, regularly submits comments to federal agencies and has appeared in or been quoted by a wide range of media outlets such as The Wall Street Journal, USA Today, The Washington Times, CNN, Fox Business News, Al-Jazeera America, and U.S. News and World Report. He is a member of the Federalist Society’s Environmental Law and Property Rights Executive Committee and serves on the College Level Advisory Board for Constituting America, an organization that informs and educates about the importance of the U.S. Constitution.
Daren, who hails from Florida, received his bachelor’s and master’s degrees from George Washington University. A licensed attorney, he holds a law degree from the University of Miami and a master of laws degree from American University.
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