Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Legal Director, National Center for LGBTQ Rights
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
U.S. Court of Appeals, District of Columbia Circuit (1983-1989); U.S. Solicitor General (1989-1993)
Kenneth Starr is a former United States Federal Court of Appeals Judge, U.S. Solicitor General, and Independent Counsel. He is the former President and Chancellor of Baylor University where he held the Louise L. Morrison Chair of Constitutional Law at Baylor University Law School.
Partner, Kirkland & Ellis LLP
H. Christopher Bartolomucci is a partner in the Washington, D.C., office of Kirkland & Ellis LLP. Chris’ practice focuses on appellate litigation, products liability litigation, and litigation in the higher education space. He presented oral argument in the U.S. Supreme Court in South Carolina v. North Carolina, 558 U.S. 256 (2010) and prevailed in the case. He served as lead trial counsel and presented the closing oral argument before a three-judge federal court in a high profile preclearance action under Section 5 of the Voting Rights Act. See South Carolina v. United States, 898 F. Supp. 2d 30 (D.D.C. 2012). In 2007, as a short-listed candidate for nomination to the U.S. Court of Appeals for the Fourth Circuit, the Virginia State Bar gave Chris its highest rating of “Highly Qualified.”
Chris’ government service includes experience in every branch of the federal government. He served in the White House as associate counsel to President George W. Bush. He also served in the Solicitor General’s Office, as associate special counsel to the U.S. Senate Whitewater Committee, and as counsel to the D.C. Inspector General. He clerked for Judge William L. Garwood of the U.S. Court of Appeals for the Fifth Circuit in Austin, Texas.
Partner, Gibson Dunn & Crutcher
Douglas R. Cox is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and Vice-Chair of the firm's Crisis Management Practice Group. He practices in the areas of constitutional and general commercial litigation, appellate law, and governmental matters.
Mr. Cox has represented numerous clients in litigation before federal and state trial and appellate courts. He played a principal role in the firm's successful representation of the prevailing candidate before the Supreme Court of the United States in Bush v. Palm Beach County Canvassing Board and Bush v. Gore, stemming from the 2000 presidential election, and in other cases before the Supreme Court involving equal protection, voting rights and election law, the scope of the jury trial right under the Seventh Amendment, and other constitutional and statutory issues.
Mr. Cox successfully represented the National Association of Securities Dealers ("NASD") in a series of trial and appellate matters, including DL Capital Group, LLC v. Nasdaq Stock Market, Inc., 409 F.3d 93 (2d Cir. 2005) and Sparta Surgical Corp. v. NASD, 159 F.3d 1209 (9th Cir. 1998).
Mr. Cox frequently represents accounting firms in a variety of matters, including matters involving the SEC and PCAOB. He also has substantial experience representing clients before congressional investigating committees.
Mr. Cox previously served for five years during the Reagan and Bush Administrations in the Justice Department's Office of Legal Counsel, becoming Principal Deputy Assistant Attorney General during the Bush Administration. In that Office, he provided legal advice to Executive Branch departments; resolved legal disputes on behalf of the Attorney General between Executive Branch departments; prepared formal opinions of the Attorney General; drafted and issued opinions on legal issues of importance to the Executive Branch; and advised Congress as to the constitutionality of pending legislation.
From 1981 through 1987, Mr. Cox practiced in New York City with a national firm, representing major corporations in state and federal courts. His practice focused on intellectual property, securities, and international tax litigation.
Mr. Cox received his law degree, cum laude, from Harvard Law School in 1980, where he served as Editor-in-Chief of the Harvard Journal of Law and Public Policy from 1979-1980. He received his undergraduate degree in history, magna cum laude, from Princeton University in 1977. He attended Oxford University on a Knox Scholarship in 1980-1981.
In 2005, Chief Justice Rehnquist appointed Mr. Cox to serve as a member of the Judicial Conference Standing Committee on Rules of Practice and Procedure. In 2008 he was reappointed by Chief Justice Roberts.
Partner, O'Melveny & Myers LLP
Walter Dellinger is an influential authority on appellate and Supreme Court decisions, lending his experience as a former Solicitor General and decades of legal knowledge to amicus briefs, a multitude of pro bono clients, and public and private companies involved in bet-the-company litigation. A frequent commentator for the Wall Street Journal, Slate, and major television networks, Walter holds the designation of the Douglas B. Maggs Emeritus Professor of Law at Duke University. He was named one of the 100 Most Influential Lawyers in America by the National Law Journal and recognized with a Lifetime Achievement Award from the American Lawyer.
Walter, who formerly served as O’Melveny’s Diversity and Inclusion Partner, helped convince the US Supreme Court that proponents of Proposition 8, California's ban on same-sex marriage, did not have standing to appeal a court order invalidating it. That ruling, Hollingsworth v. Perry, cleared the way for marriage equality in California and eventually nationwide.
Walter served as Assistant Attorney General and head of the Office of Legal Counsel (OLC) from 1993 to 1996. He was acting Solicitor General for the 1996-97 Term of the US Supreme Court. During that time, Walter argued nine cases before the Court, the most by any Solicitor General in more than 20 years. His arguments included cases dealing with physician-assisted suicide, the line item veto, the cable television act, the Brady Act, the Religious Freedom Restoration Act, and the constitutionality of remedial services for parochial school children.
Walter has served as Special Counsel to the Board of Directors of the New York Stock Exchange in connection with the NYSE’s transformation into a publicly held company and its acquisition of an electronic trading company.
After serving in early 1993 in the White House as an advisor to the President on constitutional issues, Walter was nominated by the President to be Assistant Attorney General. He was confirmed by the Senate in October 1993 and served for three years. As head of the OLC, Walter issued opinions on a wide variety of issues, including: the President's authority to deploy United States forces in Haiti and Bosnia; whether the trade agreements required treaty ratification; and a major review of separation of powers questions. He provided extensive legal advice on questions arising out of the shutdown of the federal government, on national debt ceiling issues, and on loan guarantees for Mexico.
Walter has published articles on constitutional issues for scholarly journals including the Harvard Law Review, the Yale Law Journal, and the Duke Law Journal, and has written for the New York Times, the Washington Post, Newsweek, the New Republic, and the London Times. He has been a visiting professor at the Catholic University of Belgium and has given lectures to university faculties in Florence, Siena, Nuremberg, Copenhagen, Leiden, Utrecht, Tilburg, Mexico, and Rio de Janeiro, and has delivered major lectures at Stanford, Yale, Harvard, Michigan, Berkeley, Penn, Duke, Chicago, and other US law schools. He has testified more than 25 times before committees of Congress.
In private practice, Walter’s arguments before the United States Supreme Court have included Exxon Shipping Co. v. Baker, Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County, Alabama v. North Carolina, Hosanna-Tabor v. EEOC, Heller v. District of Columbia, Jackson v. Birmingham School District, Brown v. Legal Foundation of Washington, US Airways v. Barnett, Utah v. Evans, Hunt v. Cromartie, and Hunt v. Easley. His most notable Court of Appeals and state supreme court arguments include Martha Stewart v. United States, Whiteside v. United States, and Exxon v. Alabama, LCI v. Phillips.
Scholar in Residence, The Constitution Project
Louis Fisher is Scholar in Residence at the Constitution Project. Previously he worked for four decades at the Library of Congress as Senior Specialist in Separation of Powers (Congressional Research Service, from 1970 to 2006) and Specialist in Constitutional Law (the Law Library, from 2006 to 2010). During his service with CRS he was research director of the House Iran-Contra Committee in 1987, writing major sections of the final report. Fisher's specialties include constitutional law, war powers, budget policy, executive-legislative relations, and judicial-congressional relations.
After completing his doctoral work in political science at the New School for Social Research in 1967, he taught full-time at Queens College for three years. Later he taught part-time at Georgetown University, American University, Catholic University law school, Indiana University, Catholic University, the College of William and Mary law school, and Johns Hopkins University. Currently he is a Visiting Professor at the William and Mary law school.
His books include President and Congress (1972), Presidential Spending Power (1975), The Constitution Between Friends (1978), The Politics of Shared Power (4th ed. 1998), Constitutional Conflicts Between Congress and the President (6th ed. 2014), Constitutional Dialogues (1988),American Constitutional Law (with Katy J. Harriger, 10th ed. 2013), Presidential War Power (3rd ed. 2014), Political Dynamics of Constitutional Law (with Neal Devins, 5th ed. 2011), Congressional Abdication on War and Spending (2000), Religious Liberty in America: Political Safeguards (2002), Nazi Saboteurs on Trial: A Military Tribunal & American Law (2003; 2d ed. 2005), The Politics of Executive Privilege (2004), The Democratic Constitution (with Neal Devins, 2004), Military Tribunals and Presidential Power: American Revolution to the War on Terrorism (2005), In the Name of National Security: Unchecked Presidential Power and the Reynolds Case (2006), The Constitution and 9/11: Recurring Threats to America’s Freedoms (2008), The Supreme Court and Congress: Rival Interpretations (2009), On Appreciating Congress: The People’s Branch (2010), Defending Congress and the Constitution (2011), On the Supreme Court: Without Illusion and Idolatry(2013), and The Law of the Executive Branch: Presidential Power (2014). His textbook in constitutional law is available in two paperbacks:Constitutional Structures: Separation of Powers and Federalism and Constitutional Rights: Civil Rights and Civil Liberties. With Leonard W. Levy he edited the four-volume Encyclopedia of the American Presidency (1994).
He has twice won the Louis Brownlow Book Award (for Presidential Spending Power and Constitutional Dialogues). The encyclopedia he co-edited was awarded the Dartmouth Medal. In 1995 he received the Aaron B. Wildavsky Award “For Lifetime Scholarly Achievement in Public Budgeting” from the Association for Budgeting and Financial Management. In 2006 he received the Neustadt Book Award for Military Tribunals and Presidential Power. In 2011 he received the Walter Beach Pi Sigma Alpha Award from the National Capital Area Political Science Association for strengthening the relationship between political science and public service. In 2012 he received the Hubert H. Humphrey Award from the American Political Science Association in recognition of notable public service by a political scientist. The July 2013 issue of PS: Political Science & Politics includes a symposium on "Law and (Disciplinary) Order: A Dialogue about Louis Fisher, Constitutionalism, and Political Science.
Dr. Fisher has been invited to testify before Congress more than 50 times on such issues as war powers, state secrets privilege, NSA surveillance, executive spending discretion, presidential reorganization authority, Congress and the Constitution, the legislative veto, the item veto, the Gramm-Rudman deficit control act, executive privilege, committee subpoenas, executive lobbying, CIA whistleblowing, covert spending, the pocket veto, recess appointments, the budget process, the balanced budget amendment, biennial budgeting, and presidential impoundment powers.
He has been active with CEELI (Central and East European Law Initiative) of the American Bar Association, traveling to Bulgaria, Albania, and Hungary to assist constitution-writers; participating in CEELI conferences in Washington, D.C. with delegations from Bosnia-Herzegovina, Lithuania, Romania, and Russia; serving on CEELI "working groups" on Armenia and Belarus; and assisted in drafting constitutional amendments for the Kyrgyz Republic. As part of CRS delegations he traveled to Russia and Ukraine to assist on constitutional questions. For the International Bar Association he helped analyze the draft constitutions for Swaziland and Zimbabwe.
He is the author of more than 500 articles in law reviews, political science journals, encyclopedias, books, magazines, and newspapers. He has been invited to speak in Albania, Australia, Belgium, Bulgaria, Canada, China, the Czech Republic, Denmark, England, France, Germany, Greece, Israel, Japan, Macedonia, Malaysia, Mexico, the Netherlands, Oman, the Philippines, Poland, Romania, Russia, Slovenia, South Korea, Sweden, Taiwan, Ukraine, and the United Arab Emirates. The topics include a range of constitutional, political, and institutional issues.
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.
Partner, Kirkland & Ellis LLP
H. Christopher Bartolomucci is a partner in the Washington, D.C., office of Kirkland & Ellis LLP. Chris’ practice focuses on appellate litigation, products liability litigation, and litigation in the higher education space. He presented oral argument in the U.S. Supreme Court in South Carolina v. North Carolina, 558 U.S. 256 (2010) and prevailed in the case. He served as lead trial counsel and presented the closing oral argument before a three-judge federal court in a high profile preclearance action under Section 5 of the Voting Rights Act. See South Carolina v. United States, 898 F. Supp. 2d 30 (D.D.C. 2012). In 2007, as a short-listed candidate for nomination to the U.S. Court of Appeals for the Fourth Circuit, the Virginia State Bar gave Chris its highest rating of “Highly Qualified.”
Chris’ government service includes experience in every branch of the federal government. He served in the White House as associate counsel to President George W. Bush. He also served in the Solicitor General’s Office, as associate special counsel to the U.S. Senate Whitewater Committee, and as counsel to the D.C. Inspector General. He clerked for Judge William L. Garwood of the U.S. Court of Appeals for the Fifth Circuit in Austin, Texas.
Partner, Gibson Dunn & Crutcher
Douglas R. Cox is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and Vice-Chair of the firm's Crisis Management Practice Group. He practices in the areas of constitutional and general commercial litigation, appellate law, and governmental matters.
Mr. Cox has represented numerous clients in litigation before federal and state trial and appellate courts. He played a principal role in the firm's successful representation of the prevailing candidate before the Supreme Court of the United States in Bush v. Palm Beach County Canvassing Board and Bush v. Gore, stemming from the 2000 presidential election, and in other cases before the Supreme Court involving equal protection, voting rights and election law, the scope of the jury trial right under the Seventh Amendment, and other constitutional and statutory issues.
Mr. Cox successfully represented the National Association of Securities Dealers ("NASD") in a series of trial and appellate matters, including DL Capital Group, LLC v. Nasdaq Stock Market, Inc., 409 F.3d 93 (2d Cir. 2005) and Sparta Surgical Corp. v. NASD, 159 F.3d 1209 (9th Cir. 1998).
Mr. Cox frequently represents accounting firms in a variety of matters, including matters involving the SEC and PCAOB. He also has substantial experience representing clients before congressional investigating committees.
Mr. Cox previously served for five years during the Reagan and Bush Administrations in the Justice Department's Office of Legal Counsel, becoming Principal Deputy Assistant Attorney General during the Bush Administration. In that Office, he provided legal advice to Executive Branch departments; resolved legal disputes on behalf of the Attorney General between Executive Branch departments; prepared formal opinions of the Attorney General; drafted and issued opinions on legal issues of importance to the Executive Branch; and advised Congress as to the constitutionality of pending legislation.
From 1981 through 1987, Mr. Cox practiced in New York City with a national firm, representing major corporations in state and federal courts. His practice focused on intellectual property, securities, and international tax litigation.
Mr. Cox received his law degree, cum laude, from Harvard Law School in 1980, where he served as Editor-in-Chief of the Harvard Journal of Law and Public Policy from 1979-1980. He received his undergraduate degree in history, magna cum laude, from Princeton University in 1977. He attended Oxford University on a Knox Scholarship in 1980-1981.
In 2005, Chief Justice Rehnquist appointed Mr. Cox to serve as a member of the Judicial Conference Standing Committee on Rules of Practice and Procedure. In 2008 he was reappointed by Chief Justice Roberts.
Partner, O'Melveny & Myers LLP
Walter Dellinger is an influential authority on appellate and Supreme Court decisions, lending his experience as a former Solicitor General and decades of legal knowledge to amicus briefs, a multitude of pro bono clients, and public and private companies involved in bet-the-company litigation. A frequent commentator for the Wall Street Journal, Slate, and major television networks, Walter holds the designation of the Douglas B. Maggs Emeritus Professor of Law at Duke University. He was named one of the 100 Most Influential Lawyers in America by the National Law Journal and recognized with a Lifetime Achievement Award from the American Lawyer.
Walter, who formerly served as O’Melveny’s Diversity and Inclusion Partner, helped convince the US Supreme Court that proponents of Proposition 8, California's ban on same-sex marriage, did not have standing to appeal a court order invalidating it. That ruling, Hollingsworth v. Perry, cleared the way for marriage equality in California and eventually nationwide.
Walter served as Assistant Attorney General and head of the Office of Legal Counsel (OLC) from 1993 to 1996. He was acting Solicitor General for the 1996-97 Term of the US Supreme Court. During that time, Walter argued nine cases before the Court, the most by any Solicitor General in more than 20 years. His arguments included cases dealing with physician-assisted suicide, the line item veto, the cable television act, the Brady Act, the Religious Freedom Restoration Act, and the constitutionality of remedial services for parochial school children.
Walter has served as Special Counsel to the Board of Directors of the New York Stock Exchange in connection with the NYSE’s transformation into a publicly held company and its acquisition of an electronic trading company.
After serving in early 1993 in the White House as an advisor to the President on constitutional issues, Walter was nominated by the President to be Assistant Attorney General. He was confirmed by the Senate in October 1993 and served for three years. As head of the OLC, Walter issued opinions on a wide variety of issues, including: the President's authority to deploy United States forces in Haiti and Bosnia; whether the trade agreements required treaty ratification; and a major review of separation of powers questions. He provided extensive legal advice on questions arising out of the shutdown of the federal government, on national debt ceiling issues, and on loan guarantees for Mexico.
Walter has published articles on constitutional issues for scholarly journals including the Harvard Law Review, the Yale Law Journal, and the Duke Law Journal, and has written for the New York Times, the Washington Post, Newsweek, the New Republic, and the London Times. He has been a visiting professor at the Catholic University of Belgium and has given lectures to university faculties in Florence, Siena, Nuremberg, Copenhagen, Leiden, Utrecht, Tilburg, Mexico, and Rio de Janeiro, and has delivered major lectures at Stanford, Yale, Harvard, Michigan, Berkeley, Penn, Duke, Chicago, and other US law schools. He has testified more than 25 times before committees of Congress.
In private practice, Walter’s arguments before the United States Supreme Court have included Exxon Shipping Co. v. Baker, Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County, Alabama v. North Carolina, Hosanna-Tabor v. EEOC, Heller v. District of Columbia, Jackson v. Birmingham School District, Brown v. Legal Foundation of Washington, US Airways v. Barnett, Utah v. Evans, Hunt v. Cromartie, and Hunt v. Easley. His most notable Court of Appeals and state supreme court arguments include Martha Stewart v. United States, Whiteside v. United States, and Exxon v. Alabama, LCI v. Phillips.
Scholar in Residence, The Constitution Project
Louis Fisher is Scholar in Residence at the Constitution Project. Previously he worked for four decades at the Library of Congress as Senior Specialist in Separation of Powers (Congressional Research Service, from 1970 to 2006) and Specialist in Constitutional Law (the Law Library, from 2006 to 2010). During his service with CRS he was research director of the House Iran-Contra Committee in 1987, writing major sections of the final report. Fisher's specialties include constitutional law, war powers, budget policy, executive-legislative relations, and judicial-congressional relations.
After completing his doctoral work in political science at the New School for Social Research in 1967, he taught full-time at Queens College for three years. Later he taught part-time at Georgetown University, American University, Catholic University law school, Indiana University, Catholic University, the College of William and Mary law school, and Johns Hopkins University. Currently he is a Visiting Professor at the William and Mary law school.
His books include President and Congress (1972), Presidential Spending Power (1975), The Constitution Between Friends (1978), The Politics of Shared Power (4th ed. 1998), Constitutional Conflicts Between Congress and the President (6th ed. 2014), Constitutional Dialogues (1988),American Constitutional Law (with Katy J. Harriger, 10th ed. 2013), Presidential War Power (3rd ed. 2014), Political Dynamics of Constitutional Law (with Neal Devins, 5th ed. 2011), Congressional Abdication on War and Spending (2000), Religious Liberty in America: Political Safeguards (2002), Nazi Saboteurs on Trial: A Military Tribunal & American Law (2003; 2d ed. 2005), The Politics of Executive Privilege (2004), The Democratic Constitution (with Neal Devins, 2004), Military Tribunals and Presidential Power: American Revolution to the War on Terrorism (2005), In the Name of National Security: Unchecked Presidential Power and the Reynolds Case (2006), The Constitution and 9/11: Recurring Threats to America’s Freedoms (2008), The Supreme Court and Congress: Rival Interpretations (2009), On Appreciating Congress: The People’s Branch (2010), Defending Congress and the Constitution (2011), On the Supreme Court: Without Illusion and Idolatry(2013), and The Law of the Executive Branch: Presidential Power (2014). His textbook in constitutional law is available in two paperbacks:Constitutional Structures: Separation of Powers and Federalism and Constitutional Rights: Civil Rights and Civil Liberties. With Leonard W. Levy he edited the four-volume Encyclopedia of the American Presidency (1994).
He has twice won the Louis Brownlow Book Award (for Presidential Spending Power and Constitutional Dialogues). The encyclopedia he co-edited was awarded the Dartmouth Medal. In 1995 he received the Aaron B. Wildavsky Award “For Lifetime Scholarly Achievement in Public Budgeting” from the Association for Budgeting and Financial Management. In 2006 he received the Neustadt Book Award for Military Tribunals and Presidential Power. In 2011 he received the Walter Beach Pi Sigma Alpha Award from the National Capital Area Political Science Association for strengthening the relationship between political science and public service. In 2012 he received the Hubert H. Humphrey Award from the American Political Science Association in recognition of notable public service by a political scientist. The July 2013 issue of PS: Political Science & Politics includes a symposium on "Law and (Disciplinary) Order: A Dialogue about Louis Fisher, Constitutionalism, and Political Science.
Dr. Fisher has been invited to testify before Congress more than 50 times on such issues as war powers, state secrets privilege, NSA surveillance, executive spending discretion, presidential reorganization authority, Congress and the Constitution, the legislative veto, the item veto, the Gramm-Rudman deficit control act, executive privilege, committee subpoenas, executive lobbying, CIA whistleblowing, covert spending, the pocket veto, recess appointments, the budget process, the balanced budget amendment, biennial budgeting, and presidential impoundment powers.
He has been active with CEELI (Central and East European Law Initiative) of the American Bar Association, traveling to Bulgaria, Albania, and Hungary to assist constitution-writers; participating in CEELI conferences in Washington, D.C. with delegations from Bosnia-Herzegovina, Lithuania, Romania, and Russia; serving on CEELI "working groups" on Armenia and Belarus; and assisted in drafting constitutional amendments for the Kyrgyz Republic. As part of CRS delegations he traveled to Russia and Ukraine to assist on constitutional questions. For the International Bar Association he helped analyze the draft constitutions for Swaziland and Zimbabwe.
He is the author of more than 500 articles in law reviews, political science journals, encyclopedias, books, magazines, and newspapers. He has been invited to speak in Albania, Australia, Belgium, Bulgaria, Canada, China, the Czech Republic, Denmark, England, France, Germany, Greece, Israel, Japan, Macedonia, Malaysia, Mexico, the Netherlands, Oman, the Philippines, Poland, Romania, Russia, Slovenia, South Korea, Sweden, Taiwan, Ukraine, and the United Arab Emirates. The topics include a range of constitutional, political, and institutional issues.
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.
Associate, Ropes & Gray
Peter has significant experience in representing mutual funds, private equity funds, hedge funds, corporations and individuals in complex securities and corporate litigation matters, including the representation of the directors and officers of several public companies in securities class actions and breach of fiduciary duty actions. Peter also is experienced in litigating contested merger transactions, including strategic, financial and going private transactions. Peter has been involved in advising committees of directors at several large corporations concerning corporate governance and related issues in the context of mergers and acquisitions and other strategic alternatives, as well as related-party transactions, internal investigations and litigation. Peter currently serves as the Chairman of the Directors and Officers Liability Litigation Committee of the American Bar Association and is a member of the ABA Business Law Section's Task Force on Director and Officer Liability.
Peter also has significant experience, as both a litigator and adviser, in representing directors and officers of public and private corporations, as well as principals of private equity and hedge funds, in connection with their indemnification and director and officer insurance programs. Peter was involved in the successful representation of the outside directors of the Enron Corporation in litigation involving Enron's $450 million director and officer insurance program.
Peter has represented several public companies and investment advisers in connection with investigations conducted by the Securities and Exchange Commission and has also represented public companies and an investment advisor in connection with criminal investigations conducted by the Department of Justice.
Peter also represents clients in the health care industry in enforcement and litigation matters. Peter has helped to represent a large health care company in investigations conducted by the federal government, including by the Department of Justice, and by state enforcement authorities.
In 2004, Peter served as a Special Assistant District Attorney in Middlesex County. Peter prosecuted some fifteen jury and bench trials and argued legal and evidentiary motions on a daily basis.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Gay Marriage in California: Legal and Political Prospects
Religious Liberties Practice Group
Los Angeles, CACongressional Oversight vs. Executive Privilege
H. Christopher Bartolomucci, Douglas R. Cox, Walter E. Dellinger, Louis Fisher, Edward Whelan
The concepts of Congressional Oversight and Executive Privilege both have a long history in the...
Congressional Oversight vs. Executive Privilege
Federalism & Separation of Powers Practice Group
Washington, DCBar Watch Bulletin February 12, 2007
Today, we report from the ABA House of Delegates Meeting. Most of the recommendations were...
Bar Watch Bulletin February 10, 2007
Young Lawyers Division Assembly On Saturday morning, the Young Lawyers Division Assembly (YLDA) met to debate...
Bar Watch Bulletin February 9, 2007
Today we report live from the ABA Midyear Meetings in Miami. Press Conference with ABA...
Business Judgment Rule on the Line: Tower Air, IT Group, and Notice Pleading in Federal Court
Randall W. Bodner, Peter L. Welsh
The business judgment rule has long been a cornerstone of corporate law and business practice...
An End (or Prelude?) to Further Litigation in the Reparations Movement
For decades there have been eff orts to obtain reparations for the descendants of those...
The State Secrets Privilege: A Necessary Evil?
Claudio Ochoa
The state secrets privilege is a common-law evidentiary privilege that allows the Executive to withhold...
The Effect of Identification Requirements on Minority Voter Turnout
Hans A. Von Spakovsky
Voter fraud is a well-documented and existing problem in the United States. While it is...