Partner, Baker & Hostetler LLP
Richard Raile is a partner at Baker Hostetler, where he is a member of their Litigation team. He focuses his practice on appeals and major motions. He frequently plays the principal role in drafting briefs for clients and in delivering oral argument, including on dispositive motions, bench trials and appeals. He has represented parties and amici curiae at every level of the judiciary, from trial courts to merits litigation in the U.S. Supreme Court and state supreme courts.
His litigation experience runs the gamut of subject matters, including everything from commercial, civil rights, constitutional, campaign finance, voting rights, labor and bankruptcy law.
Leadership Counsel, Washington State Senate Republican Caucus
Daniel Himebaugh serves as Leadership Counsel for the Washington State Senate Republican Caucus.
Vice President for Legal Affairs, Goldwater Institute
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.
Assistant Attorney General & Senior Trial Counsel to the Criminal Bureau, Massachusetts Attorney General
Senior Counsel and Vice President of U.S. Litigation, Alliance Defending Freedom
David A. Cortman, Esq., serves as senior counsel and vice president of U.S. litigation with Alliance Defending Freedom. He joined ADF in 2005 and currently supervises a team of nearly 40 attorneys and legal staff who specialize in constitutional law, focusing on religious freedom, sanctity of life, and marriage and family.
Cortman has successfully litigated over 200 constitutional law cases in both federal and state court at all levels. He has also litigated several U.S. Supreme Court cases, including arguing before the Court in Reed v. Town of Gilbert, which resulted in a 9-0 victory, with the Court holding that the government could not discriminate against religious speech while favoring political speech. He served as lead counsel in Trinity Lutheran Church of Columbia v. Pauley, which was decided in the Church's favor. He has also served as lead or co-counsel in victories at the high court in Conestoga Wood Specialties v. Burwell, successfully challenging the U.S. Department of Health and Human Services abortion pill mandate that forces employers to provide healthcare coverage that includes abortion-inducing drugs in violation of their religious convictions; Town of Greece v. Galloway, successfully defending the freedom of Americans to pray at public meetings.
Cortman earned his J.D. from Regent University School of Law in 1996, graduating magna cum laude. He is a member of the state bar in Georgia, Florida, Arizona, and the District of Columbia, and is admitted to practice in over two dozen federal courts, including the U.S. Supreme Court. He also teaches legal courses on the First Amendment and civil rights litigation.
Partisan Gerrymandering and Party Rights: Why Gill v. Whitford Undermines All Future Partisan-Gerrymandering Claims
Richard B. Raile
Note from the Editor: This article discusses the Supreme Court’s opinion in Gill v. Whitford...
Topics
AG Watch: Planned Parenthood v. Jegley
On May 29, the Supreme Court denied certiorari in Planned Parenthood v. Jegley, a case...
Extraterritorial Ambition: State Energy Taxes and the Question of Imported Electricity
Daniel Himebaugh
Note from the Editor: This article discusses the extraterritoriality doctrine and whether and how it...
Minnesota Voters Alliance v. Mansky - Post-Argument SCOTUScast
Timothy Sandefur
On February 28, 2018, the Supreme Court heard argument in Minnesota Voters Alliance v. Mansky,...
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Hate Crimes and the Thirteenth Amendment
Hate crimes are abhorrent to all decent persons. But does Congress have the power to...
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Bar Watch: Beware the ABA's Own Version of 'Judicial Activism'
Federalist Society expert Adam White published an article in the Weekly Standard yesterday criticizing the American...
The 8th Circuit Round-Up
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John G. Malcolm
Note from the Editor: This article discusses the concept of mens rea, argues that too...
Luis v. United States: The Distinction That Makes All the Difference
Dean A. Mazzone
Note from the Editor: This article discusses the Supreme Court’s 2016 decision in Luis v. United...
Courthouse Steps: Trinity Lutheran Church of Columbia, Inc. v. Comer - Decided
Teleforum