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.
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.
Lyle T. Alverson Professor of Law, George Washington University Law School
Professor Pierce is author of over twenty books and 130 articles on administrative law, government regulation, and the effects of various forms of government intervention on the performance of markets. His books and articles have been cited in hundreds of judicial opinions, including over a dozen opinions of the U.S. Supreme Court.
Board Member, U.S. Privacy and Civil Liberties Oversight Board
Beth A. Williams is a Board Member of the United States Privacy and Civil Liberties Oversight Board, an agency whose mission is to ensure that the federal government's efforts to prevent terrorism are balanced with the need to protect privacy and civil liberties.
Prior to her Board service, Ms. Williams was the Assistant Attorney General for the Office of Legal Policy at the United States Department of Justice from August 2017 to December 2020. In that role, she served as the primary policy advisor to the Attorney General and the Deputy Attorney General, and as the Chief Regulatory Officer for the Department. Ms. Williams also led the judicial nomination process for the Department, assisting in the selection and confirmation of more than 230 Article III judges to the bench.
Prior to becoming Assistant Attorney General, Ms. Williams was a litigation and appellate partner at a national law firm, where her practice focused on complex commercial, securities, appellate, and First Amendment litigation. From 2005-2006, Ms. Williams served as Special Counsel to the United States Senate Committee on the Judiciary, where she assisted with the confirmation of Chief Justice John G. Roberts, Jr. and Associate Justice Samuel A. Alito, Jr. to the United States Supreme Court.
Ms. Williams clerked for the Hon. Richard C. Wesley on the United State Court of Appeals for the Second Circuit. She graduated from Harvard College magna cum laude, with a degree in History and Literature, and she earned her law degree from Harvard Law School, where she served as Executive Editor of the Harvard Journal of Law and Public Policy.
Professor, University of Minnesota Law School
Ilan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He previously taught at Arizona State University. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, and the Texas Law Review among other journals.
Professor Wurman is the author of the new book The Constitution of 1789: A New Introduction (Cambridge 2026). His previous books include A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). He is also the author of the casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 3d ed. 2025).
Professor Wurman practices law with the firm Tully Bailey. He has litigated a variety of administrative law and constitutional law cases, including cases involving COVID-19 restrictions, transmission lines, and Appointments Clause challenges. He also devised winning public nuisance theories to force city governments to address the increasingly challenging public camping crises throughout the country.
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.
Managing Partner, Boyden Gray PLLC
Michael Buschbacher is the managing partner of 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.
Session 1: President Trump and the Future of Presidential Power
2025 Third Circuit Chapters Conference
Philadelphia, PATopics
The Road to Campus Serfdom
This post originally appeared at Law & Liberty. It seems remarkable that seemingly antisemitic protests...
Is Efficiency Desirable in Civil Rights Enforcement?
Lindsey Burke, Gail L. Heriot, Catherine E. Lhamon, R. Shep Melnick, William E. Trachman
The Trump Administration may bring significant changes to civil rights enforcement in the executive branch....
Is Efficiency Desirable in Civil Rights Enforcement?
Theories of Presidential Power Series
Explainer Episode 88 - How Congress Can Reform Environmental Regulation and the EPA
Michael Buschbacher, Daren Bakst
In March of 2025, the Competitive Enterprise Institute (CEI) released a major new publication, “Modernizing...
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The SAVE Act: Fact v. Fiction
The SAVE Act is a proposal from congressional Republicans to require people to provide proof...
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Union Monopolies and Section 2 of the Sherman Antitrust Act: Can Labor Unions Be Held Liable for Monopolizing Labor Markets?
In a recent article, economists from George Mason’s Mercatus Center surveyed a persistent but little-noted...
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Is ActBlue in Legal Peril?
Since its inception in 2004, the powerhouse Democratic fundraising platform ActBlue has made its mark...
Executive Orders: Faithful Execution or Legislating from the Oval Office?
Theories of Presidential Power Series
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How Will Courts Interpret Union Actions in the Litigation over President Trump’s Executive Order on Exclusions from Federal Labor-Management Relations Programs?
President Trump issued a sweeping executive order removing a large chunk of the federal government...