Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Independent Analyst, None
Allison Hayward most recently served as the Head of Case Selection at the Oversight Board. Previously, she was a Commissioner at the California Fair Political Practices Commission, a Board Member at the Office of Congressional Ethics, and an Assistant Professor of Law at George Mason University School of Law. She also previously worked as Chief of Staff and Counsel in the office of Federal Election Commission Commissioner Bradley A. Smith and practiced election law in California and in Washington DC.
In 1994-1995, Professor Hayward was a judicial clerk for the Honorable Danny J. Boggs, United States Court of Appeal for the Sixth Circuit.
She is a member of the State Bar of California and the District of Columbia Bar.
Appellate Counsel, Theodore Cooperstein PLLC
Theodore Cooperstein currently is an appellate attorney in the boutique law firm of Theodore Cooperstein PLLC, available for criminal and civil appeals in both state and federal courts. A former career prosecutor with twenty five years of service in the US Department of Justice, he was an Assistant United States Attorney for the Southern District of Florida and the Southern District of Mississippi, and has served as a Military Intelligence Officer in the Army Reserves from 1989 to 2011, retiring with the rank of Lieutenant Colonel. During the Trump Administration, he was appointed and served as the General Counsel of the U.S. Office of Personnel Management. Prior to joining the Southern District of Florida, Mr. Cooperstein served as a Special Assistant U.S. Attorney in the U.S. Attorney's Office for the District of Maryland. He previously had served as Counsel to the Deputy Attorney General at the Department of Justice, and as Assistant General Counsel in the FBI Office of the General Counsel.
A.B., Dartmouth College; J.D., Stanford University; LL.M., Comparative and International Law, Georgetown University Law Center; Masters of Strategic Studies, U.S. Army War College
Chief Justice, Florida Supreme Court
Justice Charles Canady was born in Lakeland, Florida, in 1954. He is married to Jennifer Houghton, and they have two children. He received his B.A. from Haverford College in 1976 and his J.D. from the Yale Law School in 1979.
Justice Canady practiced law with the firm of Holland and Knight in Lakeland from 1979 through 1982. He practiced with the firm of Lane, Trohn, et al., from 1983 through 1992.
From November 1984 to November 1990, Justice Canady served three terms in the Florida House of Representatives, and from January 1993 to January 2001, he served four terms in the United States House of Representatives. Throughout his service in Congress, Justice Canady was a member of the House Judiciary Committee. For three terms, from January 1995 to January 2001, Justice Canady was the Chairman of the House Judiciary Subcommittee on the Constitution.
Upon leaving Congress, Justice Canady became General Counsel to Governor Jeb Bush. He was appointed by Governor Bush to the Second District Court of Appeal for a term beginning November 20, 2002.
On August 28, 2008, Justice Canady was appointed to the Florida Supreme Court by Governor Charlie Crist and took office on September 8, 2008. He served as Chief Justice from July 2010 through June 2012. In March 2018, he was elected by his colleagues to serve as Chief Justice for a second time, with his two-year term starting July 1, 2018, and a third time starting July 1, 2020.
Retired Partner, Sullivan & Cromwell LLP
Upon his resignation as the Legal Adviser of the U.S. Department of State in January 1993, Mr. Williamson rejoined Sullivan & Cromwell's Washington, D.C. office. He originally joined the Firm in 1964 after graduating from New York University School of Law, where he was an editor of the Law Review. He became a partner of the Firm in 1971, moved to its London office in 1976, returned to its New York office in 1979, moved to its Washington, D.C. office in 1988 and became Of Counsel in 2007. In 2018, he retired from the firm.
At Sullivan & Cromwell, Mr. Williamson engaged in a broad and wide-ranging domestic and international financing and transactions practice, as well as advice with respect to corporate governance issues, the United States’ economic sanctions laws, the ethics rules applicable to government officials and the immunities of foreign sovereigns and international organizations.
Mr. Williamson has been an active participant on panels and other forums involving public international law and national security issues, such as the domestic and international bases for the use of force, the role of the United States with respect to the International Criminal Court, the law of the sea and the application of international legal principles in the war against terrorism.
Mr. Williamson is a member of the Council on Foreign Relations and a former member of the Executive Council of the American Society of International Law, the Executive Committees of the Business and Advisory Committee (BIAC) to the OECD and the U.S. Council for International Business, the United States Advisory Board of NTT DoCoMo, Inc. and the Board of Directors of Triton Oil & Gas Limited.
Mr. Williamson has served on the Boards of Regents and Trustees of the University of the South and as chair of the Board of Regents. He is currently a member of the Board of Directors of the American Council of Trustees and Alumni, a higher education watchdog.
City of Boerne v. Flores: A Victory for Federalism
Jeffrey S. Sutton
In deciding whether to invalidate the Religious Freedom Restoration Act (RFRA) in City of Boerne...
The RFRA Decision: A Blow for Judicial Supremacy and Against Religious Freedom
Michael W. McConnell
It does not often happen that a "conservative" Supreme Court manages, in a single decision,...
Why Government Is Bad For Ducks
John Povejsil
Environmental policy invariably seems to be created in a melodramatic world of good-guy government officials...
Municipal Liability Under Section 1983: The Importance of State Law
Daniel W. Nelson
During the October 1996 term, the Supreme Court handed down two cases involving municipal liability...
WIPO Treaties to Raise International Copyright Norms, Provoke Legislative Debate in the United States
Jeffrey P. Cunard, Bruce P. Keller, Albert L. Wells
The three-week World Intellectual Property Organization ("WIPO") diplomatic conference in Geneva ("WIPO Conference"), which concluded...
Election Law Observer
Allison R. Hayward
This column marks the inauguration of a regular feature of the Free Speech & Election...
The Emerging Interplay Between Law Enforcement and Intelligence Gathering
Theodore Cooperstein
The Intelligence Authorization Act of 1996 amended the National Security Act of 1947 to permit...
The Civil Rights Act of 1997
Charles T. Canady
On June 17, 1997, I introduced the Civil Rights Act of 1997 (H.R. 1909) in...
Protecting Everyone's Right to Property
Edwin D. Williamson
The recent agreement between the United States and the European Union designed to settle their...
Department of Education v. Academic Standards
Jennifer Nelson
On July 14, the U.S. Department of Education's Office of Civil Rights announced that it...