Partner, The Gardner Law Firm
David F. Barton has extensive experience in environmental, government and government contract, and corporate law. He joined The Gardner Law Firm in 1996 after serving as a United States Air Force JAG officer as well as having six years of private practice with firms in Texas. Mr. Barton counsels clients in environmental matters, government contracts, regulatory compliance, commercial law, and litigation related to those areas. He represents industries, businesses and government units on matters involving water, air, solid and hazardous waste, toxins, wetlands, endangered species, historic preservation, NEPA, Superfund, and federal and state court litigation in those areas. He has taught courses in criminal law, litigation, administration of justice and environmental crimes at several universities throughout the United States, and he has been a guest speaker at environmental law and government contract seminars. Mr. Barton has been licensed to practice in Texas since 1991, and is also licensed in Arkansas. He is admitted to practice before the United States Supreme Court, the United States Court of Federal Claims, the United States Court of Military Appeals, and several United States Circuit Courts of Appeals and United States District Courts. He is a member of the State Bar of Texas (Environmental & Natural Resources Section, among others); College of the State Bar of Texas, the Arkansas Bar Association, the Arkansas Bar Foundation (Fellow), the Association of Trial Lawyers of America, and the San Antonio Bar Association (Environmental Section). He is also an active participant in the San Antonio Manufacturers Association, the Alamo Area Chapter - Air & Waste Management Association, and Citizens Advisory Panel of the San Antonio Water System.
University of Arkansas, J.D., 1975; Central Methodist College; University of Missouri at Columbia, B.A., 1967
Partner, Jackson Lewis LLP
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Legal Scholar and Solo Practitioner
Jack received his B.A. in History from the University of Virginia in 1977, graduating with Highest Distinction. After graduating Yale Law School in 1980, he served active duty in the U.S. Army's JAG Corps, rising to the rank of Major, where he represented the United States in more than 250 cases.
He practiced for a decade as an Associate for Bradley Arant in Birmingham, Alabama. He proudly served the State of Alabama in the Office of the Attorney General, both as Deputy and Assistant Attorney General, handling complex civil and criminal litigation cases for the people of Alabama. In 2000, he won the "Best Brief Award" from the National Association of Attorneys General for his brief in a case decided by the U.S. Supreme Court, James Alexander v. Martha Sandoval – a case he won. He was Special Assistant to the Inspector General for the Corporation for National and Community Service, Visiting Legal Fellow for the Center for Judicial and Legal Studies for the Heritage Foundation, Of Counsel at Strickland Brockington Lewis, a solo practitioner, and General Counsel for Indigo Energy.
Most recently, he "re-upped" for military service, volunteering his legal services to the Georgia State Defense Force where twice each month he provided legal services for National Guardsmen who were being deployed. He wore his military uniform for the last time in October 2024.
Jack Park passed away on March 16, 2026.
Managing Director, Alvarez & Marsal Healthcare Industry Group
With prior service as Deputy General Counsel of the U.S. Department of Health and Human Services and as Executive Vice President and General Counsel of Tenet Healthcare, he brings more than 20 years of experience in addressing challenging healthcare issues in government and private industry.
Mr. Urbanowicz regularly advises boards of directors, senior management, investors and lenders of health care organizations facing significant regulatory, compliance, financial or operating challenges. His clients include healthcare providers, payors and suppliers.
Recent engagements include: serving as a federally-appointed hospital restructuring and safety monitor; compliance and operational improvements for publicly-traded and not-for-profit Medicare Advantage plans, Medicare Prescription Drug Plans (PDP) and Medicaid managed care companies; renegotiating of government debt for a major hospital system; restructuring advisory services to the Medicaid program of a large state; numerous internal and government investigations involving healthcare providers including: academic health systems, medical device companies, pharmaceutical manufacturers, long term care hospital companies, hospice providers, dental services companies and disease management companies.
Mr. Urbanowicz also serves on the board of directors of Maxim Healthcare Services, one of the nation’s largest home health services companies, and chairs the company’s compliance committee.
As Deputy General Counsel of HHS, from 2001 to 2003, Mr. Urbanowicz served as the senior legal adviser to the Secretary of Health and Human Services on significant federal healthcare policy issues including Medicare and Medicaid provider payment and fraud and abuse enforcement policy. He was part of the team that drafted the historic Medicare Prescription Drug Act of 2003.
During his tenure at Tenet, Mr. Urbanowicz was responsible for successfully resolving several major federal criminal investigations and civil lawsuits facing Tenet by the U.S. Department of Justice, the Securities and Exchange Commission, and the HHS Office of Inspector General. Prior to his government service, he was a partner in the law firm of Locke, Liddell & Sapp.
Mr. Urbanowicz earned a bachelor of arts’ degree and a Juris Doctor degree from Tulane University. He is admitted to the bars of the District of Columbia, the U.S. Supreme Court and the Louisiana Supreme Court, and is a member of the American Law Institute.
Carmack Waterhouse Professor of Constitutional Law, Georgetown Law
After graduating from Harvard Law School in 1971, Professor Seidman served as a law clerk for J. Skelly Wright of the D.C. Circuit and U.S. Supreme Court Justice Thurgood Marshall. He then was a staff attorney with the D.C. Public Defender Service until joining the Law Center faculty in 1976. He teaches a variety of courses in the fields of constitutional and criminal law. He is co-author of a constitutional law casebook and the author of many articles concerning criminal justice and constitutional law. His most recent books are Silence and Freedom (Stanford 2007), Our Unsettled Constitution: A New Defense of Constitutionalism and Judicial Review (Yale 2001) and Equal Protection of the Laws (Foundation 2002).
Counsel, The Judicial Confirmation Network
Wendy Long is legal counsel to the Judicial Confirmation Network. Until March 2005, she was a litigation partner in the New York office of Kirkland & Ellis LLP. Wendy was a law clerk to U.S. Supreme Court Justice Clarence Thomas and to Judge Ralph Winter of the U.S. Court of Appeals for the Second Circuit in New York. She is a graduate of Northwestern University School of Law, cum laude and Order of the Coif, where she was articles editor of the Northwestern University Law Review, and of Dartmouth College. She previously served as a press secretary in the U.S. Senate, for former U.S. Senator Bill Armstrong (R-Colo.) and former U.S. Senator Gordon Humphrey (R-N.H.).
Partner, Goldstein & Russell PC
Thomas C. Goldstein has argued 28 cases before the Supreme Court, including matters involving federal patent law, class action practice, labor and employment, and disability law. In addition to practicing law, Tom teaches Supreme Court Litigation at Harvard Law School and taught at Stanford Law School as well from 2004-2012.
In the Supreme Court and elsewhere, Mr. Goldstein litigates and advises clients in a broad range of issues. For example, he regularly litigates and lectures on questions of federal patent law. Mr. Goldstein frequently advises clients, litigates, and consults on legislative matters relating to the First Amendment. And he regularly represents parties in questions relating to the game of poker, including its lawfulness as a matter of federal and state law. Tom's clients include plaintiffs, criminal defendants, and major corporations such as BG Group, Home Depot, Humana, IMS Health, Nike, PokerStars, POM Wonderful, and Pemex.
In addition to practicing law, Tom founded, and is the publisher of, SCOTUSblog, which in 2013 became the only weblog ever to receive the Peabody Award for excellence in electronic media. It also won the 2013 Society of Professional Journalists (Sigma Delta Chi) prize for deadline reporting for its coverage of the Supreme Court’s healthcare ruling. In 2010, it became the first blog to receive the American Bar Association’s Silver Gavel Award for fostering the American public’s understanding of law and the legal system.
Tom has been repeatedly recognized as a leading member of the bar. In 2010, The National Law Journal named him one of the 40 most influential lawyers of the decade; Tom notably was ten years younger than any other law firm partner listed. Legal Times named him one of the “90 Greatest Washington Lawyers of the Last 30 Years” and praised him for “transforming the practice” of law before the Supreme Court. He is also included in both of the National Law Journal’s most recent lists of the nation’s 100 most influential lawyers (2006 and 2013). He has been repeatedly recognized as one of the nation’s top appellate advocates. GQ Magazine named him one of the 50 most powerful people in Washington, D.C.
Tom is an elected Fellow of the American Academy of Appellate Lawyers, and a member of the American Law Institute. He is involved with a number of professional organizations. He serves as the vice chair of the Amicus Committee of the ABA’s Intellectual Property Section and previously served for two years on the ABA’s Standing Committee on Amicus Curiae Briefs. In those capacities, he has authored several Supreme Court amicus briefs for the ABA. In addition, Tom serves on the boards of advisors of the Washington Legal Foundation and the Georgetown University Supreme Court Institute.
Before founding Goldstein & Howe in 1999, Tom practiced law at Boies & Schiller, LLP and at Jones Day Reavis & Pogue. Tom left the firm he founded in 2006 to create the Supreme Court Practice at Akin, Gump, Strauss, Hauer & Feld, where he also was a partner and principal co-chair of the firmwide litigation practice. He returned to what is now Goldstein & Russell in 2011.
Tom clerked for the Honorable Patricia M. Wald of the U.S. Court of Appeals for the D.C. Circuit.
Associate Professor of Law, University of Colorado Law School
Scott Moss joined CU Law School in 2007 after six years as an attorney in New York City and three years as a professor at Marquette Law School, where he was the 2007 recipient of the James D. Ghiardi Faculty Award for Outstanding Teaching, Student Body Support, and Scholarship. In New York, Professor Moss was a law clerk to U.S. District Judge Constance Baker Motley and then a plaintiff's employment lawyer at Outten & Golden LLP, the largest plaintiff-side employment law practice in the country, where he litigated individual and class action cases of discrimination, harassment, and minimum/overtime wage violations. He also has argued and briefed appeals of employment cases and has undertaken pro bono projects such as First Amendment right-to-protest litigation with the New York Civil Liberties Union, low-income worker clinics in lower Manhattan, and court-sponsored mediations for pro se litigants. Professor Moss received his J.D. (magna cum laude) in 1998 from Harvard Law School, where he was a Senior Editor of the Harvard Civil Rights-Civil Liberties Law Review; his B.A. (Economics) and M.A. (Media Studies) are from Stanford University. Professor Moss's research interests have included employment law, discrimination, constitutional law, various civil procedure rules, and economic analysis of all of the preceding topics.
B.A., Stanford
M.A., Stanford
J.D., Harvard
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Paula Stannard is a former deputy general counsel and acting general counsel of the U.S. Department of Health and Human Services (HHS), where she oversaw the Food and Drug, Civil Rights and Legislation divisions of the 450-attorney HHS Office of the General Counsel and provided legal advice and counsel to senior HHS officials, including the Secretary of the department, on the issues arising in their respective areas.
At Alston & Bird, Paula advises clients on regulatory questions that arise out of the on-going health care reform effort and focuses her practice on HIPAA and health information technology (including certified EHR and meaningful use issues), food and drug and other regulatory issues in the health care sector. Her HHS experience provides clients substantive knowledge of, and experience in, FDA, HIPAA, e-health and health IT, federal health insurance regulation, patient safety, and public health preparedness and emergency response issues.
Paula received her J.D. from Stanford Law School in 1990, where she was an executive editor of the Stanford Law Review, and her B.A., magna cum laude, in political science and Latin from Amherst College, where she was elected to Phi Beta Kappa. She clerked for the Honorable J.L. Edmondson of the United States Court of Appeals for the Eleventh Circuit.
Stanford University
(J.D., 1990)
Amherst College
(B.A., 1987)
President and Founder, International Center for Law & Economics
Geoffrey A. Manne is the president and founder of the International Center for Law and Economics (ICLE), a nonprofit, nonpartisan research center based in Portland, Oregon. He is also a distinguished fellow at Northwestern Law School’s Searle Center on Law, Regulation, & Economic Growth. In April 2017 he was appointed by FCC Chairman Ajit Pai to the FCC’s Broadband Deployment Advisory Committee, and he recently served for two years on the FCC’s Consumer Advisory Committee.
Mr. Manne earned his JD and AB degrees from the University of Chicago and is an expert in the economic analysis of law, specializing in competition, telecommunications, consumer protection, intellectual property, and technology policy.
Prior to founding ICLE, Manne was a law professor at Lewis & Clark Law School. From 2006-2009, he took a leave from teaching to develop Microsoft’s law and economics academic outreach program. Manne has also served as a lecturer in law at the University of Chicago Law School and the University of Virginia School of Law. He practiced antitrust law and appellate litigation at Latham & Watkins, clerked for Hon. Morris S. Arnold on the 8th Circuit Court of Appeals, and worked as a research assistant for Judge Richard Posner. He was also once (very briefly) employed by the FTC.
Mr. Manne’s publications have appeared in numerous journals including the Journal of Competition Law and Economics, the Harvard Journal of Law and Technology, the Supreme Court Economic Review, and the Arizona Law Review, among others. With former FTC Commissioner, Joshua Wright, Manne is the editor of a volume from Cambridge University Press entitled, Competition Policy and Intellectual Property Law Under Uncertainty: Regulating Innovation. Manne has also testified on several occasions before Congress and at the FCC and FTC, and he regularly files written comments and amicus briefs on key antitrust, IP, and telecommunications issues. His analysis is frequently published in popular print and broadcasting outlets such as the Wall Street Journal, Wired, Foreign Affairs, NPR, and Bloomberg, among others.
Manne is a member of the American Law and Economics Association, the Canadian Law and Economics Association, and the Society for Institutional & Organizational Economics. He blogs at Truth on the Market (www.truthonthemarket.com) (of which he is also the co-founder), is a contributor at WIRED, and tweets at @geoffmanne. His scholarly publications are available at http://ssrn.com/author=175541.
Founding Partner, Lodestar Law and Economics PLLC
Josh is the founder of Lodestar Law and Economics, PLLC. On January 1, 2013, the U.S. Senate unanimously confirmed Wright as a Commissioner of the Federal Trade Commission (FTC). He is a leading scholar in antitrust law, economics, intellectual property, regulation, and consumer protection, and has published more than 100 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Commentators have recognized Wright as “widely considered his generation’s greatest mind on antitrust law,” and his academic work ranks him as one of the most cited antitrust academics in the world. Wright was also awarded the Paul M. Bator Award by the Federalist Society in 2014 to “an academic who demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact.” Wright also served as the Executive Director of the Global Antitrust Institute, the world’s premiere academic institute focused upon antitrust education for judges and regulators and has taught hundreds of judges and thousands of regulators from dozens of countries.
Wright’s practice focuses upon helping clients solve complex competition, consumer protection, and regulatory problems by providing legal and economic analysis, strategic advice and counseling, and economic expert testimony.
In his 35 years at the Justice Department and in private practice, Mike Carvin was one of the leading appellate and trial lawyers challenging state and federal regulations on constitutional and statutory grounds, with 10 Supreme Court arguments and numerous high-profile victories. In addition to his numerous cases in the United States Supreme Court, he argued in virtually every federal appeals court. His major cases include the recent constitutional challenge to the Affordable Care Act and the decisions invalidating Sarbanes-Oxley's accounting board, preventing the Justice Department from obtaining monetary relief against the tobacco industry under RICO, overturning the federal government's plan to statistically adjust the census, limiting the Justice Department's ability to create "majority-minority" districts, and upholding Proposition 209's ban on racial preferences in California.
Mike was one of the lead lawyers, and argued before the Florida Supreme Court, on behalf of George W. Bush in the 2000 presidential election Florida recount controversy. He also has represented state governments, financial institutions, telecommunications, and energy companies in "takings," First Amendment, civil rights, and statutory challenges to federal government actions.
Director of the National Research Initiative, American Enterprise Institute
Sudler Family Professor of Constitutional Law, New York University School of Law
Richard H. Pildes is one of the nation’s leading scholars of constitutional law and a specialist in legal issues affecting democracy. He is a Member of the American Academy of Arts and Sciences and the American Law Institute, and has received recognition as a Guggenheim Fellow and a Carnegie Scholar. His acclaimed casebook, The Law of Democracy: Legal Structure of the Political Process (now in its fourth edition), helped create an entirely new field of study in the law schools. The Law of Democracy systematically explores legal and policy issues concerning the structure of democratic elections and institutions, such as the role of money in politics, the design of election districts, the regulation of political parties, the design of voting systems, the representation of minority interests in democratic institutions, and similar issues. He has written extensively on the rise of political polarization in the United States, the Voting Rights Act, the dysfunction of America’s political processes, the role of the Supreme Court in overseeing American democracy, the powers of the American President and Congress, and he has criticized excessively “romantic” understandings of democracy. In addition to his scholarship on these issues, he has written on national-security law, the design of the regulatory state, and American constitutional history and theory.
Respect for his expertise in these areas is reflected in frequent citations of his work in U.S. Supreme Court opinions, the translation of his work into many languages, and his frequent public lectures and appearances around the world, including his nomination with the NBC News Team for an Emmy Award for coverage of the 2000 Presidential election litigation.
His work has been translated and published in Chinese, French, Spanish, and Portuguese. In addition to his scholarship, Professor Pildes plays an active role litigating in these areas. He has won two cases before the United States Supreme Court, including a 2015 victory in Alabama Democratic Conference v. Alabama, a case involving race and redistricting. He served as counsel to a group of former chairmen of the Securities and Exchange Commission in litigation defending the constitutionality of the Sarbanes-Oxley Act; as counsel in election litigation to the Puerto Rico Electoral Commission; as counsel to the government of Puerto Rico; as a federal court-appointed independent expert on voting rights litigation; and as counsel in successful Supreme Court litigation that challenged the way the United States Tax Court operated. He was also a senior legal advisor to the 2008 and 2012 campaigns of President Obama.
Pildes received his A.B. in physical chemistry summa cum laude from Princeton, and his J.D. magna cum laude from Harvard, where he served as Supreme Court Note Editor on the Harvard Law Review. He clerked for Judge Abner J. Mikva of the U.S. Court of Appeals for the District of Columbia Circuit and for Justice Thurgood Marshall of the U.S. Supreme Court. After practicing law in Boston, he began his academic career at the University of Michigan Law School, before joining the NYU School of Law in 2001.
Vice-chair, U.S. Commission on Civil Rights, and Adjunct Scholar, American Enterprise Institute
Abigail Thernstrom is the vice-chair of the U.S. Commission on Civil Rights, and an adjunct scholar at the American Enterprise Institute. She was a senior fellow at the Manhattan Institute in New York from 1993 to 2009, and a member of the Massachusetts State Board of Education for more than a decade until her third term ended in November 2006. She also serves on the board of advisors of the U.S. Election Assistance Commission. She received her Ph.D. in 1975 from the Department of Government, Harvard University.
In 2007 she and her husband, Stephan Thernstrom, along with James Q. Wilson, Martin Feldstein, and John Bolton, were the recipients of a Bradley Foundation prizes for Outstanding Intellectual Achievement.
Thernstrom and her husband, Harvard historian Stephan Thernstrom, are the co-authors of No Excuses: Closing the Racial Gap in Learning (Simon & Schuster, October 2003), which has been awarded the 2007 Fordham Foundation prize for “for distinguished scholarship,” and was named by both the Los Angeles Times and the American School Board Journal as one of the best books of 2003.
They also collaborated on America in Black and White: One Nation, Indivisible (Simon & Schuster), which the New York Times Book Review, in its annual end-of-the-year issue, named as one of the notable books of 1997.
They are the editors of a Beyond the Color Line: New Perspectives on Race and Ethnicity. Their lengthy review of William G. Bowen and Derek Bok's much-noticed work, The Shape of the River, appeared in the June 1999 issue of the UCLA Law Review.
Whose Votes Count? Affirmative Action and Minority Voting Rights (Harvard University Press) won four awards, including the American Bar Association's Certificate of Merit, and the Anisfield-Wolf prize for the best book on race and ethnicity. It was named the best policy studies book of that year by the Policy Studies Organization (an affiliate of the American Political Science Association), and won the Benchmark Book Award from the Center for Judicial Studies. Along with her husband, she also won the 2004 Peter Shaw Memorial Award given by National Association of Scholars.
She is currently completing a book entitled Voting Rights and Wrongs: The Elusive Quest for Racially Fair Elections, and is working, as well, with her husband on another book with the tentative title of Don’t Call it Segregation: The Myth of Contemporary Apartheid. She (and two co-authors) submitted an amicus brief in Parents Involved in Community Schools v. Seattle, challenging the constitutionality of Seattle's racial balancing plan.
Her frequent media appearances have included Fox News Sunday, Good Morning America, and This Week with George Stephanopoulos. For some years, she was a stringer for The Economist, and continues to write for a variety of journals and newspapers, including the Wall Street Journal, the Los Angeles Times, the New York Times and the (London) Times Literary Supplement.
She serves on several boards, and from 1992 to 1997 was a member of the Aspen Institute's Domestic Strategy Group.
In his 35 years at the Justice Department and in private practice, Mike Carvin was one of the leading appellate and trial lawyers challenging state and federal regulations on constitutional and statutory grounds, with 10 Supreme Court arguments and numerous high-profile victories. In addition to his numerous cases in the United States Supreme Court, he argued in virtually every federal appeals court. His major cases include the recent constitutional challenge to the Affordable Care Act and the decisions invalidating Sarbanes-Oxley's accounting board, preventing the Justice Department from obtaining monetary relief against the tobacco industry under RICO, overturning the federal government's plan to statistically adjust the census, limiting the Justice Department's ability to create "majority-minority" districts, and upholding Proposition 209's ban on racial preferences in California.
Mike was one of the lead lawyers, and argued before the Florida Supreme Court, on behalf of George W. Bush in the 2000 presidential election Florida recount controversy. He also has represented state governments, financial institutions, telecommunications, and energy companies in "takings," First Amendment, civil rights, and statutory challenges to federal government actions.
Director of the National Research Initiative, American Enterprise Institute
Sudler Family Professor of Constitutional Law, New York University School of Law
Richard H. Pildes is one of the nation’s leading scholars of constitutional law and a specialist in legal issues affecting democracy. He is a Member of the American Academy of Arts and Sciences and the American Law Institute, and has received recognition as a Guggenheim Fellow and a Carnegie Scholar. His acclaimed casebook, The Law of Democracy: Legal Structure of the Political Process (now in its fourth edition), helped create an entirely new field of study in the law schools. The Law of Democracy systematically explores legal and policy issues concerning the structure of democratic elections and institutions, such as the role of money in politics, the design of election districts, the regulation of political parties, the design of voting systems, the representation of minority interests in democratic institutions, and similar issues. He has written extensively on the rise of political polarization in the United States, the Voting Rights Act, the dysfunction of America’s political processes, the role of the Supreme Court in overseeing American democracy, the powers of the American President and Congress, and he has criticized excessively “romantic” understandings of democracy. In addition to his scholarship on these issues, he has written on national-security law, the design of the regulatory state, and American constitutional history and theory.
Respect for his expertise in these areas is reflected in frequent citations of his work in U.S. Supreme Court opinions, the translation of his work into many languages, and his frequent public lectures and appearances around the world, including his nomination with the NBC News Team for an Emmy Award for coverage of the 2000 Presidential election litigation.
His work has been translated and published in Chinese, French, Spanish, and Portuguese. In addition to his scholarship, Professor Pildes plays an active role litigating in these areas. He has won two cases before the United States Supreme Court, including a 2015 victory in Alabama Democratic Conference v. Alabama, a case involving race and redistricting. He served as counsel to a group of former chairmen of the Securities and Exchange Commission in litigation defending the constitutionality of the Sarbanes-Oxley Act; as counsel in election litigation to the Puerto Rico Electoral Commission; as counsel to the government of Puerto Rico; as a federal court-appointed independent expert on voting rights litigation; and as counsel in successful Supreme Court litigation that challenged the way the United States Tax Court operated. He was also a senior legal advisor to the 2008 and 2012 campaigns of President Obama.
Pildes received his A.B. in physical chemistry summa cum laude from Princeton, and his J.D. magna cum laude from Harvard, where he served as Supreme Court Note Editor on the Harvard Law Review. He clerked for Judge Abner J. Mikva of the U.S. Court of Appeals for the District of Columbia Circuit and for Justice Thurgood Marshall of the U.S. Supreme Court. After practicing law in Boston, he began his academic career at the University of Michigan Law School, before joining the NYU School of Law in 2001.
Vice-chair, U.S. Commission on Civil Rights, and Adjunct Scholar, American Enterprise Institute
Abigail Thernstrom is the vice-chair of the U.S. Commission on Civil Rights, and an adjunct scholar at the American Enterprise Institute. She was a senior fellow at the Manhattan Institute in New York from 1993 to 2009, and a member of the Massachusetts State Board of Education for more than a decade until her third term ended in November 2006. She also serves on the board of advisors of the U.S. Election Assistance Commission. She received her Ph.D. in 1975 from the Department of Government, Harvard University.
In 2007 she and her husband, Stephan Thernstrom, along with James Q. Wilson, Martin Feldstein, and John Bolton, were the recipients of a Bradley Foundation prizes for Outstanding Intellectual Achievement.
Thernstrom and her husband, Harvard historian Stephan Thernstrom, are the co-authors of No Excuses: Closing the Racial Gap in Learning (Simon & Schuster, October 2003), which has been awarded the 2007 Fordham Foundation prize for “for distinguished scholarship,” and was named by both the Los Angeles Times and the American School Board Journal as one of the best books of 2003.
They also collaborated on America in Black and White: One Nation, Indivisible (Simon & Schuster), which the New York Times Book Review, in its annual end-of-the-year issue, named as one of the notable books of 1997.
They are the editors of a Beyond the Color Line: New Perspectives on Race and Ethnicity. Their lengthy review of William G. Bowen and Derek Bok's much-noticed work, The Shape of the River, appeared in the June 1999 issue of the UCLA Law Review.
Whose Votes Count? Affirmative Action and Minority Voting Rights (Harvard University Press) won four awards, including the American Bar Association's Certificate of Merit, and the Anisfield-Wolf prize for the best book on race and ethnicity. It was named the best policy studies book of that year by the Policy Studies Organization (an affiliate of the American Political Science Association), and won the Benchmark Book Award from the Center for Judicial Studies. Along with her husband, she also won the 2004 Peter Shaw Memorial Award given by National Association of Scholars.
She is currently completing a book entitled Voting Rights and Wrongs: The Elusive Quest for Racially Fair Elections, and is working, as well, with her husband on another book with the tentative title of Don’t Call it Segregation: The Myth of Contemporary Apartheid. She (and two co-authors) submitted an amicus brief in Parents Involved in Community Schools v. Seattle, challenging the constitutionality of Seattle's racial balancing plan.
Her frequent media appearances have included Fox News Sunday, Good Morning America, and This Week with George Stephanopoulos. For some years, she was a stringer for The Economist, and continues to write for a variety of journals and newspapers, including the Wall Street Journal, the Los Angeles Times, the New York Times and the (London) Times Literary Supplement.
She serves on several boards, and from 1992 to 1997 was a member of the Aspen Institute's Domestic Strategy Group.
Rothe Development Corp. v. Department of Defense
David F. Barton, Matthew Camardella, Roger B. Clegg
On Election Day, November 4, 2008, a panel of the Federal Circuit Court of Appeals...
Article 1, Section 8 of the Constitution: A Private Right of Action for Citizens Seeking Equal Protection under U.S. Immigration Laws
Michael J. Brady, Tony Abdollahi
Thousands of citizens in this country are confronted with an odd dilemma—they are unable to...
Bartlett v. Strickland: Is a Stopping Point Near for Race-Conscious Districting?
John J. Park
In Bartlett v. Strickland, the U.S. Supreme Court found that there is a stopping point...
Constitutional Implications of an “Individual Mandate” in Health Care Reform
Dennis G. Smith, Peter Urbanowicz
The Federalist Society takes no position on particular legal or public policy initiatives. Any expressions...
The Sotomayor Nomination, Part I
Louis Michael Seidman, Wendy Long, Thomas C. Goldstein, Scott Moss, David R. Stras, Edward Whelan
On May 26, President Obama nominated Sonia Sotomayor to replace David Souter as an Associate...
The Obama Administration’s Budget Proposal for Health and Human Services
Paula M. Stannard
Brought to you by the Administrative Law & Regulation Practice GroupOn February 26, 2009, President Barack Obama...
“Now” Is the Time: U.S. Supreme Court Rules on Rhode Island Indian Land Case
David Strachman
The U.S. Supreme Court recently ended a decade-old skirmish in the 100-year legal battle between...
Antitrust Pricing War: Congress v. the Court
Geoffrey A. Manne, Joshua D. Wright
Brought to you by the Corporations, Securities & Antitrust Practice GroupIn Leegin Creative Leather Products, Inc....
Voting Rights--and Wrongs: The Elusive Quest for Racially Fair Elections
Michael A. Carvin, Henry Olsen, Richard H. Pildes, Abigail Thernstrom
Has the 1965 Voting Rights Act, the crown jewel of American civil rights legislation, become...
Voting Rights--and Wrongs: The Elusive Quest for Racially Fair Elections
Civil Rights Practice Group and the American Enterprise Institute
Washington, DC