Editor-in-Chief, Harvard Journal of Law & Public Policy
President and Co-Founder, America First Legal Foundation
Gene Hamilton is the President of America First Legal, which he co-founded, and where he was previously the Executive Director, Executive Vice President, and General Counsel. He most recently served as Deputy White House Counsel to President Donald Trump. Earlier in his career, Gene served as Counselor to Attorney General at the U.S. Department of Justice and as Senior Counselor to the Secretary of Homeland Security. He also served as General Counsel on the Senate Judiciary Committee and held several roles at the Department of Homeland Security, including with U.S. Immigration Enforcement, U.S. Customs and Border Protection and the Office of the General Counsel. He holds a B.A. from the University of Georgia and a J.D. from Washington and Lee University School of Law.
Judge, United States Court of Appeals, Second Circuit
Judge Menashi was appointed to the U.S. Court of Appeals for the Second Circuit on November 14, 2019. Previously, he served as special assistant and associate counsel to the President in the White House and as acting general counsel at the U.S. Department of Education. He was assistant professor of law at Scalia Law School, George Mason University, where he taught administrative law and civil procedure, and a research fellow at New York University School of Law and Georgetown University Law Center. He was also a partner at Kirkland & Ellis LLP in New York, where he practiced appellate and commercial litigation, and served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and to Judge Douglas Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. He graduated from Stanford Law School, where he was elected to Order of the Coif and served as senior articles editor of the Stanford Law Review, and from Dartmouth College, where he was elected to Phi Beta Kappa.
Senior Counsel, America First Legal Foundation
James Rogers is Senior Counsel at America First Legal Foundation, where he litigates in a number of areas, including border security, election integrity, parental rights, and administrative and constitutional law. Before joining America First Legal, from 2021 to 2022, he was Senior Litigation Counsel at the Solicitor General’s Office of the Arizona Attorney General’s Office. While there, he spearheaded lawsuits against the Biden Administration’s destructive open borders policies and its COVID19 vaccine mandates. From 2015 to 2021, James was a Foreign Service Officer at the U.S. Department of State, where he worked in the Office of the Assistant Legal Advisor for Consular Affairs, at the U.S. Consulate in Porto Alegre, Brazil, and at the U.S. Embassy in Windhoek, Namibia.
Prior to joining the Department of State, he was a commercial litigation partner at Osborn Maledon, a Phoenix-based firm with a #1 litigation ranking from Chambers and Partners. James earned a J.D. from Harvard Law School in 2009, an L.L.M. in International Law from the University of Cambridge in 2008, and a B.A., with honors, in International Studies from Brigham Young University in 2005. He is a sixth-generation Arizonan and lives in Mesa, Arizona, with his four children.
Solicitor General, Iowa Office of the Attorney General
Eric Wessan serves as Iowa’s Solicitor General in the Iowa Attorney General’s Office. In that role, Wessan leads Iowa’s litigation before State and federal appellate courts, including the Iowa and U.S. Supreme Courts. Before that role, Wessan worked on complex commercial litigation at two large law firms in Chicago. Wessan also served as a law clerk for the Honorable James C. Ho on the U.S. Court of Appeals for the Fifth Circuit and for the Honorable John F. Kness on the U.S. District Court for the Northern District of Illinois. Wessan is a graduate of the University of Chicago Law School, with honors, and of the University of Chicago.
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Partner, Boyden Gray PLLC
Jimmy Conde is partner at Boyden Gray PLLC, specializing in energy, environmental, and administrative law, with particular expertise in the Clean Air Act. He has protected clients against agency overreach in cutting-edge and complex legal proceedings, including challenges to EPA, DOE, DOT, and California rules seeking to compel electrification of motor vehicles, the FCC’s universal service fund, Department of Labor Wage & Hour Division rules, and HHS rules interfering with the practice of medicine and sound insurance practices. His written commentary has been published and referenced in the Wall Street Journal, the Washington Examiner, Concurrences (an antitrust publication), and Newsweek, among others.
Mr. Conde began his legal career as an associate with Boyden Gray PLLC. He clerked for Judge Douglas H. Ginsburg in the U.S. Court of Appeals for the D.C. Circuit and Judge David J. Porter in the U.S. Court of Appeals for the Third Circuit.
Associate Chief Counsel, U.S. Chamber Litigation Center, U.S. Chamber of Commerce
Maria C. Monaghan is associate chief counsel at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. In this capacity, she handles a variety of litigation matters for the Chamber.
Before joining the Litigation Center, Monaghan practiced as an associate in the D.C. office of Gibson, Dunn & Crutcher LLP. She represented clients in the telecommunications, energy, transportation, and e-commerce sectors, with a focus on appellate litigation and regulatory matters.
Monaghan served as a law clerk to the Honorable Samuel A. Alito of the United States Supreme Court, the Honorable Ed Carnes of the U.S. Court of Appeals for the Eleventh Circuit, and the Honorable Amul R. Thapar of the U.S. Court of Appeals for the Sixth Circuit. She graduated Order of the Coif from the University of Virginia School of Law, where she served as Articles Development Editor for the Virginia Law Review and participated in the Supreme Court Litigation Clinic. She received her undergraduate degree in Human Resource Management and Labor Studies from Rutgers University.
Senior Counsel, America First Legal Foundation
James Rogers is Senior Counsel at America First Legal Foundation, where he litigates in a number of areas, including border security, election integrity, parental rights, and administrative and constitutional law. Before joining America First Legal, from 2021 to 2022, he was Senior Litigation Counsel at the Solicitor General’s Office of the Arizona Attorney General’s Office. While there, he spearheaded lawsuits against the Biden Administration’s destructive open borders policies and its COVID19 vaccine mandates. From 2015 to 2021, James was a Foreign Service Officer at the U.S. Department of State, where he worked in the Office of the Assistant Legal Advisor for Consular Affairs, at the U.S. Consulate in Porto Alegre, Brazil, and at the U.S. Embassy in Windhoek, Namibia.
Prior to joining the Department of State, he was a commercial litigation partner at Osborn Maledon, a Phoenix-based firm with a #1 litigation ranking from Chambers and Partners. James earned a J.D. from Harvard Law School in 2009, an L.L.M. in International Law from the University of Cambridge in 2008, and a B.A., with honors, in International Studies from Brigham Young University in 2005. He is a sixth-generation Arizonan and lives in Mesa, Arizona, with his four children.
Partner, Marshall, Gerstein & Borun LLP
Ryan Schermerhorn is a registered patent attorney in the firm's Industrial & Mechanical Technologies Practice Group. His engineering background provides him with an understanding of clients’ technologies and enables him to effectively and efficiently provide a range of patent procurement services. He also leverages his experience to assist on intellectual property litigation as well as develop strategies for acquiring and protecting intellectual property.
Since 2017, Ryan has been listed as an "Emerging Lawyer" by Emerging Lawyers Magazine and has been selected for inclusion in the Illinois Rising Stars® lists. Ryan was recognized in Chicago Daily Law Bulletin's 2023 40 Under Forty list. Since 2024, Ryan has been selected for inclusion in The Best Lawyers in America© list in the practice areas of Litigation - Patent and Patent Law. In 2025, Ryan was selected by the Law Bulletin Publishing Company’s Leading Lawyer Network as a “Leading Lawyer.”
General Counsel, xAI and X
Partner, First & Fourteenth PLLC
Michael Francisco is a public and commercial litigator with extensive appellate experience who often serves as a strategic advisor to clients facing acute legal challenges. He has represented clients nationally for public impact litigation, bet-the-company lawsuits, and in defense of constitutional rights. Michael served as a law clerk to Supreme Court Justice Neil Gorsuch and Judge Timothy Tymkovich of the United States Court of Appeals for the Tenth Circuit.
Michael regularly takes on challenging matters where citizens must rely on the judiciary to vindicate their rights. His experience runs the gambit from successfully seeking injunctive relief, winning critical legal motions, defending judgments on appeal, overturning multi-million-dollar judgments, and obtaining discretionary high court review. He relishes the opportunity to develop a well-crafted legal strategy to solve the most novel and complex problems that may arise.
Michael has deep experience with political litigation representing candidates, voters, political parties, and advocacy organizations for ballot access, election administration, campaign finance, and for the unfortunate trend of criminalization of political activity.
After deciding to pursue a legal career to defend religious liberty, Michael has regularly engaged in constitutional litigation under the religion clauses and the free speech clause. He has been involved in many recent U.S. Supreme Court cases involving these core freedoms, including Groff v. DeJoy, 303 Creative v. Elenis, Masterpiece Cakeshop v. Colorado Civil Rights Commission, National Institute of Family & Life Advocates v. Becerra, Trinity Lutheran Church v. Pauley, and similar cases in lower courts on topics ranging from the ministerial exception, church property disputes, to religious land use disputes.
As an appellate advocate Michael frequently handles matters before the U.S. Supreme Court, federal courts of appeals, and Colorado appellate courts. He has argued four times before the Colorado Supreme Court and briefed 19 cases before the U.S. Supreme Court.
Michael also frequently advises clients on strategic public matters challenging federal government authority and overreach. He has regularly litigated business disputes, employment matters, as well as represented clients before state and federal administrative agencies or arbitration panels.
Prior to joining First & Fourteenth, Michael was a partner at McGuireWoods, LLP in Washington D.C., representing litigation, white collar, and government investigation clients.
At home Michael is married with four children and he enjoys many outdoor activities, ranging from competitive shooting to fixing his jeep.
President and Co-Founder, America First Legal Foundation
Gene Hamilton is the President of America First Legal, which he co-founded, and where he was previously the Executive Director, Executive Vice President, and General Counsel. He most recently served as Deputy White House Counsel to President Donald Trump. Earlier in his career, Gene served as Counselor to Attorney General at the U.S. Department of Justice and as Senior Counselor to the Secretary of Homeland Security. He also served as General Counsel on the Senate Judiciary Committee and held several roles at the Department of Homeland Security, including with U.S. Immigration Enforcement, U.S. Customs and Border Protection and the Office of the General Counsel. He holds a B.A. from the University of Georgia and a J.D. from Washington and Lee University School of Law.
Clinical Professor and Director of the First Amendment Clinic, Florida State University College of Law
Denise Mayo Harle is a clinical professor and director of the First Amendment Clinic at FSU College of Law, where she leads student advocacy and litigation on free speech, religious liberty, and press freedom issues. Her teaching and scholarship focus on constitutional law, appellate practice, and First Amendment rights. Before entering academia, Professor Harle was a partner at Shutts & Bowen LLP in Tallahassee, where she was a member of the firm’s Appellate Practice Group and Constitutional Law Practice Area. Prior to that, she served as Deputy Solicitor General in the Office of the Florida Attorney General. Professor Harle has briefed and argued high-profile cases involving significant constitutional issues and questions of statutory interpretation in both state and federal courts, including the U.S. Supreme Court.
Professor Harle’s early career includes clerking for Justice Ricky L. Polston on the Florida Supreme Court and practicing appellate law in California. In 2022, she was selected as a finalist for a seat on the Florida Supreme Court. She was appointed by Governor Ron DeSantis to Florida’s Faith and Community Advisory Council and currently serves on the Judicial Nominating Commission for Florida’s Second Circuit. She was also selected for the prestigious U.S. Supreme Court Fellowship through the National Association of Attorneys General in 2017. She earned her J.D. cum laude from Duke University Law School and her B.A. and B.S. summa cum laude from Florida State University.
Professor Harle is active in the legal and academic communities. She is a member of the American Enterprise Institute’s Leadership Network and the Federalist Society’s Speakers Bureau. She has served on the board of Tallahassee Women Lawyers, the Florida Bar’s Client Security Fund Committee, and the First District Appellate American Inn of Court.
Before practicing law, Professor Harle completed doctoral coursework in Political Science at Stanford University as a Stanford Graduate Fellow, where she taught undergraduate courses on public policy, law, and American politics, and earned a Master’s degree. She continues to serve as a dissertation faculty advisor for Concordia University–St. Paul mentors doctoral students in research and writing.
A frequent speaker and media commentator on constitutional law, Professor Harle has been quoted in The Wall Street Journal, The Washington Post, and The New York Times, and has appeared on national outlets including C-SPAN and Fox News. She has also testified before the U.S. Senate on matters of constitutional significance.
Professor of Law, Notre Dame Law School
Professor Derek Muller is a nationally-recognized scholar in the field of election law. His research focuses on the role of states in the administration of federal elections, the constitutional contours of voting rights and election administration, the limits of judicial power in the domain of elections, and the Electoral College.
He has published more than two dozen academic works, and his op-eds have appeared in the New York Times, the Los Angeles Times, and the Wall Street Journal. He has testified before Congress, and he is a contributor at the Election Law Blog. He is a co-author on a Federal Courts casebook published by Carolina Academic Press. He is also the co-reporter on a new Restatement of the Law, Election Litigation, an effort led by the American Law Institute.
Professor Muller teaches Election Law, Civil Procedure, and Evidence.
Senior Of Counsel, Covington & Burling LLP and Executive Chairma, The Chertoff Group
Michael Chertoff concentrates in the area of White Collar Defense and Investigations. In recent years, he has handled a series of federal investigations, including complex criminal and civil regulatory matters. He has advised major clients on SEC and Justice Department investigations and successfully served as the independent monitor of a major national healthcare company under criminal and civil investigation.
In addition to his legal work, Mr. Chertoff is Founder and Chairman of The Chertoff Group, a security and risk management firm, where he provides high-level strategic counsel to corporate and government leaders on a broad range of security issues, from risk identification and prevention to preparedness, response and recovery.
In April of 2012, Mr. Chertoff was elected as the new Chairman of the Board of Directors of BAE Systems, Inc. He also sits on the board of directors or board of advisors of a number of companies and nonprofits.
Previously, Mr. Chertoff served as Secretary of the Department of Homeland Security. As Secretary, he led a 218,000 person department with a budget of $50 billion. Mr. Chertoff developed and implemented border security and immigration policy; promulgated homeland security regulations; and spearheaded a national cyber security strategy. He also served periodically on the National Security Council and the Homeland Security Council, and on the Committee on Foreign Investment in the United States.
Prior to his appointment to the Cabinet, Mr. Chertoff served from 2003 to 2005 on the U.S. Court of Appeals for the Third Circuit. Before becoming a federal judge, Mr. Chertoff was the Assistant Attorney General for the Criminal Division of the U.S. Department of Justice. In that position, he oversaw the investigation of the 9/11 terrorist attacks, and formed the Enron Task Force, which produced more than 20 convictions, including those of CEOs Jeffrey Skilling and Kenneth Lay.
Mr. Chertoff’s career includes more than a decade as a federal prosecutor, including service as U.S. Attorney for the District of New Jersey, First Assistant U.S. Attorney for the District of New Jersey, and Assistant U.S. Attorney for the Southern District of New York. As a federal prosecutor, Mr. Chertoff investigated and personally prosecuted significant cases of political corruption, organized crime, and corporate fraud.
From 1994-2001, Mr. Chertoff represented major corporations and individuals in numerous white collar investigations and trials. Among other matters, he successfully represented the nation’s largest hospital company in a four year, multi-jurisdictional criminal and civil investigation, represented major corporations in corruption scandals, and obtained acquittals at trial for individual criminal defendants.
Mr. Chertoff has received numerous awards including the Department of Justice Henry E. Petersen Memorial Award (2006); the Department of Justice John Marshall Award for Trial of Litigation (1987); NAACP Benjamin L. Hooks Award for Distinguished Service (2007); European Institute Transatlantic Leadership Award (2008); and two honorary doctorates. His trial experiences have been featured in over half a dozen books and many news articles.
The Future of Birthright Citizenship: What’s Next After Trump v. Barbara (Part One)
Tiago de Almeida Graff, Gene P. Hamilton, Steven J. Menashi
On June 30, the Supreme Court held in Trump v. Barbara that nearly all children...
From the Courthouse Steps: Mullin v. Doe
James Rogers, Eric Wessan
In Mullin v. Doe, the Supreme Court ruled 6-3 in favor of the Trump administration,...
A Seat at the Sitting - April 2026
Thomas Berry, James Conde, Maria Monaghan, James Rogers, Ryan Schermerhorn
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
Ethics or Ideology? Bar Associations and the Boundaries of Professional Discipline
James M. Burnham, Michael Francisco, Gene P. Hamilton, Denise M. Harle, Derek T. Muller
Across the country, bar associations are increasingly at the center of legal and political controversy....
Topics
Do Ethics Rules Require DOJ Lawyers to Buck President Trump’s Executive Orders?
Shortly after his inauguration, President Trump issued several executive orders directing the Attorney General to...
Topics
Is It Legal for the President to Send Troops to the Southern Border?
As America enters a presidential election year, the crisis at our southern border is an...
Topics
The Biden Administration’s Post-Dobbs, Post-Roe Response
On June 24, 2022, in a landmark decision in Dobbs v. Jackson Women’s Health Organization,...
Topics
Arbitrary and Capricious Review at the Court After FCC v. Prometheus Radio Project: From the Return of “Hard Look” to the “Zone of Reasonableness”
The Administrative Procedure Act (APA) instructs courts to “hold unlawful and set aside agency action, findings,...
Topics
Liberty Month Revisited: Separation of Powers, Essential to Liberty, Is Under Attack
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
Metadata, Surveillance, and Intelligence Collection in the Trump Administration
Teleforum