U.S. Court of Appeals, First Circuit
David Barron was appointed to the United States Court of Appeals for the First Circuit in May 2014. He graduated from Harvard College in 1989 and Harvard Law School in 1994. From 1989 to 1991, he worked as a newspaper reporter. After graduating from law school, he clerked for Judge Stephen R. Reinhardt of the United States Court of Appeals for the Ninth Circuit, from 1994 to 1995, and for Justice John Paul Stevens of the United States Supreme Court, from 1995 to 1996. He then worked as an attorney advisor for the Office of Legal Counsel of the United States Department of Justice, from 1996 to 1999. In 1999, Barron became an Assistant Professor at Harvard Law School. He became a full Professor at Harvard Law School in 2004, where he worked until he rejoined the Justice Department as Acting Assistant Attorney General for the Office of Legal Counsel, from 2009 to 2010. He then returned to the Harvard Law School faculty in 2010, where he was named the S. William Green Professor of Public Law in 2011, and worked until his appointment to the federal bench in 2014. Currently, Barron is the Honorable S. William Green Visiting Professor of Public Law at Harvard Law School. Barron has published articles in the Harvard Law Review, the Stanford Law Review, and the Yale Law Journal. His book, Waging War, won the 2017 William E. Colby Award.
Judge, United States Court of Appeals, Ninth Circuit
Judge Carlos Bea serves as a judge on the United States Court of Appeals for the Ninth Circuit. He received his Bachelor's Degree from Stanford University in 1956 and his J.D. from Stanford Law School in 1958. Judge Bea was born in San Sebastian, Spain, and immigrated with his family to Cuba in 1939. In 1952, he represented Cuba on the Cuban National basketball team in the Helsinki Olympics. Judge Bea became a naturalized citizen of the United States in 1958. He engaged in private practice in San Francisco, principally in the area of civil trials (jury and non-jury), from 1959-75 at Dunne, Phelps & Mills and from 1975-90 at Carlos Bea, A Law Corporation. He taught courses in civil litigation advocacy at Hastings College of Law and Stanford Law School. From 1990 to 2003, Judge Bea served as a judge of the San Francisco Superior Court. He was nominated by President George W. Bush to the United States Court of Appeals for the Ninth Circuit and was confirmed in 2003.
Judge Bea and his wife Louise reside in San Francisco, where they raised their four sons, Sebastian, Alexander, Nicholas, and Dominic.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Associate Justice, Supreme Court of the United States
Associate Justice Brett Kavanaugh was born in Washington, D.C., on February 12, 1965. He married Ashley Estes in 2004, and they have two daughters - Margaret and Liza. He received a B.A. from Yale College in 1987 and a J.D. from Yale Law School in 1990. He served as a law clerk for Judge Walter Stapleton of the U.S. Court of Appeals for the Third Circuit from 1990-1991, for Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit from 1991-1992, and for Justice Anthony M. Kennedy of the U.S. Supreme Court during the 1993 Term. In 1992-1993, he was an attorney in the Office of the Solicitor General of the United States. From 1994 to 1997 and for a period in 1998, he was Associate Counsel in the Office of Independent Counsel. He was a partner at a Washington, D.C., law firm from 1997 to 1998 and again from 1999 to 2001. From 2001 to 2003, he was Associate Counsel and then Senior Associate Counsel to President George W. Bush. From 2003 to 2006, he was Assistant to the President and Staff Secretary for President Bush. He was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 2006. President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on October 6, 2018.
President, The William and Flora Hewlett Foundation; Lecturer in, Stanford Law School
Larry Kramer joined Stanford Law School in 2004 as Richard E. Lang Professor of Law and Dean. As the school’s 12th dean, he has spearheaded significant educational reforms, including dramatically expanding joint degree programs as part of a multidisciplinary approach to legal studies, enlarging the clinical education program to promote reflective lawyering, revamping programs to foster a public service ethos, and building the international law program to support a growing emphasis on globalization in legal practice.
Dean Kramer has written and taught in such varied fields as constitutional law, conflict of laws, civil procedure, federalism and its history, and the role of courts in society. He is a fellow of the American Academy of Arts and Sciences and a member of the American Philosophical Society and the American Law Institute. In December 2008, Equal Justice Works named Dean Kramer to its Board of Directors. He has appointments (by courtesy) with the Stanford University Department of History and with the Graduate School of Business. Before joining the Stanford faculty, Dean Kramer served as Associate Dean for Research and Academics and Russell D. Niles Professor of Law at New York University School of Law; professor of law at the University of Chicago and University of Michigan law schools; and consultant for Mayer, Brown, Rowe & Maw LLP. Early in his career, Dean Kramer clerked for Justice William J. Brennan Jr. of the U.S. Supreme Court and Judge Henry J. Friendly of the U.S. Court of Appeals for the Second Circuit.
Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz Colleg, The Ohio State University
Professor Shane came to Ohio State in 2003 from Carnegie Mellon University's H. John Heinz III School of Public Policy and Management. He is an internationally recognized scholar in administrative law, with a specialty in separation of powers law, and has co-authored leading casebooks on each subject. He has served on the faculty at the University of Iowa College of Law and was dean at the University of Pittsburgh School of Law.
In addition to his outstanding law teaching and scholarship, Professor Shane has received a National Science Foundation grant for interdisciplinary study related to cyberspace and democracy. At Ohio State, he provides strong leadership in interdisciplinary scholarship and teaching.
Professor, University of Minnesota Law School
Ilan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He previously taught at Arizona State University. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, and the Texas Law Review among other journals.
Professor Wurman is the author of a casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 2d ed. 2024). He is also the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). His next book, The Constitution of 1789: A New Introduction, is also forthcoming with Cambridge University Press.
Professor Wurman practices law with the firm Tully Bailey. He has litigated a variety of administrative law and constitutional law cases, including cases involving COVID-19 restrictions, transmission lines, and Appointments Clause challenges. He also devised winning public nuisance theories to force city governments to address the increasingly challenging public camping crises throughout the country.
Distinguished Fellow, Hudson Institute
Christopher DeMuth is a distinguished fellow at Hudson Institute. He was president of the American Enterprise Institute for Public Policy Research (AEI) from 1986 to 2008 and was the D.C. Searle Senior Fellow at AEI from 2008 to 2011.
Mr. DeMuth was raised in Kenilworth, Illinois, and attended the Lawrenceville School (1964), Harvard College (A.B. 1968), and the University of Chicago Law School (J.D. 1973). He served as staff assistant to President Richard M. Nixon from 1969 to 1970, working first for Daniel P. Moynihan (then assistant to the President for Urban Affairs) on urban policy matters and then as chairman of the White House Task Force on Environmental Policy. Following law school, he practiced regulatory, antitrust, and general corporate law with Sidley & Austin in Chicago (1973-1976) and was associate general counsel of the Consolidated Rail Corporation (Conrail) in Philadelphia (1976-1977).
From 1977 to 1981, Mr. DeMuth was lecturer in public policy at the Kennedy School of Government at Harvard University, and director of the Harvard Faculty Project on Regulation. There he taught courses on law, economics, and regulatory policy and conducted and sponsored research on health, safety, environmental, and economic regulation.
Returning to Washington in 1981, Mr. DeMuth served as administrator for information and regulatory affairs in the U.S. Office of Management and Budget, and as executive director of the Presidential Task Force on Regulatory Relief during President Ronald Reagan’s first term of office. From 1984 to 1986, he was managing director of Lexecon Inc., a law-and-economics consulting firm; in 1986, he was also publisher and editor-in-chief of Regulation magazine. He was elected president of the American Enterprise Institute in December 1986.
Many of Mr. DeMuth’s articles, lectures, and occasional talks are posted on his website (https://www.ccdemuth.com).
Professor of Law, Antonin Scalia Law School, George Mason University
Professor of Law Michael S. Greve joined the faculty of the Antonin Scalia Law School, George Mason University in fall 2012 after having served as John G. Searle Scholar at the American Enterprise Institute (AEI), where he specialized in constitutional law, courts, and business regulation and served as chairman of the Competitive Enterprise Institute. Prior to joining AEI, Greve was founder and co-director of the Center for Individual Rights, a public interest law firm specializing in constitutional litigation.
Greve has served previously as an adjunct professor at a number of universities, including Cornell and Johns Hopkins Universities, and has been a visiting professor at Boston College since 2004. He was awarded a PhD and an MA in government by Cornell University. Greve also earned a Diploma from the University of Hamburg in Germany.
A prolific writer, Greve is the author of nine books and a multitude of articles appearing in scholarly publications, as well as numerous editorials, short articles, and book reviews. He is a frequent speaker for professional and scholarly organizations and has made many appearances on radio and television.
In addition Greve has provided congressional and state legislative testimony, has lobbied and consulted in federal agency proceedings, and has provided litigation services and management in over 30 cases, including matters before the U.S. Supreme Court.
William T. Comfort, III Professor of Law, New York University School of Law
Roderick Hills teaches and writes in public law areas, including constitutional law, local government law, land-use regulation, administrative law, and statutory interpretation. His focus in each area is on the rules and policies governing division of powers between central and subcentral governments. He holds bachelor’s and law degrees from Yale University. Following law school, he served as a law clerk for Judge Patrick Higginbotham of the US Court of Appeals for the Fifth Circuit and practiced law in Colorado. Hills previously taught at the University of Michigan Law School from 1994 to 2006. He is a member of the state bar of New York and the U.S. Supreme Court.
Associate Justice, Supreme Court of the United States
Associate Justice Brett Kavanaugh was born in Washington, D.C., on February 12, 1965. He married Ashley Estes in 2004, and they have two daughters - Margaret and Liza. He received a B.A. from Yale College in 1987 and a J.D. from Yale Law School in 1990. He served as a law clerk for Judge Walter Stapleton of the U.S. Court of Appeals for the Third Circuit from 1990-1991, for Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit from 1991-1992, and for Justice Anthony M. Kennedy of the U.S. Supreme Court during the 1993 Term. In 1992-1993, he was an attorney in the Office of the Solicitor General of the United States. From 1994 to 1997 and for a period in 1998, he was Associate Counsel in the Office of Independent Counsel. He was a partner at a Washington, D.C., law firm from 1997 to 1998 and again from 1999 to 2001. From 2001 to 2003, he was Associate Counsel and then Senior Associate Counsel to President George W. Bush. From 2003 to 2006, he was Assistant to the President and Staff Secretary for President Bush. He was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 2006. President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on October 6, 2018.
Senior Fellow, Governance Studies, The Brookings Institution
Benjamin Wittes is a senior fellow in Governance Studies at The Brookings Institution. He co-founded and is the editor-in-chief of the Lawfare blog, which is devoted to sober and serious discussion of "Hard National Security Choices," and is a member of the Hoover Institution's Task Force on National Security and Law. He is the author of Detention and Denial: The Case for Candor After Guantanamo, published in November 2011, co-editor of Constitution 3.0: Freedom and Technological Change, published in December 2011, and editor of Campaign 2012: Twelve Independent Ideas for Improving American Public Policy (Brookings Institution Press, May 2012). He is also writing a book on data and technology proliferation and their implications for security. He is the author of Law and the Long War: The Future of Justice in the Age of Terror, published in June 2008 by The Penguin Press, and the editor of the 2009 Brookings book, Legislating the War on Terror: An Agenda for Reform.
His previous books include Starr: A Reassessment, published in 2002 by Yale University Press, and Confirmation Wars: Preserving Independent Courts in Angry Times, published in 2006 by Rowman & Littlefield and the Hoover Institution.
Between 1997 and 2006, he served as an editorial writer for The Washington Post specializing in legal affairs. Before joining the editorial page staff of The Washington Post, Wittes covered the Justice Department and federal regulatory agencies as a reporter and news editor at Legal Times. His writing has also appeared in a wide range of journals and magazines including The Atlantic, Slate, The New Republic, The Wilson Quarterly, The Weekly Standard, Policy Review, and First Things.
Benjamin Wittes was born in Boston, Massachusetts. He graduated from Oberlin College in 1990, and he has a black belt in taekwondo.
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
Research Director, Independence Institute
David B. Kopel is Research Director at the Independence Institute; Adjunct Scholar at the Cato Institute; and Senior Fellow at the University of Wyoming College of Law, Firearms Research Center. He received his B.A. in history with Highest Honors from Brown University and his J.D. magna cum laude from the University of Michigan Law School.
He is the author of over 20 books, including the textbook Firearm Law and the Second Amendment: Regulation, Rights, and Policy (Aspen Pubs. 4th ed. forthcoming 2026). His scholarship and briefs have been cited 7 Supreme Court cases--including Heller, McDonald, and Bruen--and in 140 lower courts opinions. He is the author of 120 scholarly articles. His shorter articles often appear on The Volokh Conspiracy blog, hosted by Reason magazine. His topics of interest include the right to arms throughout history, the Colorado Constitution, and law enforcement policy.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
Investigative Counsel, U.S. House Committee on Education and the Workforce
Kent Talbert is a Washington, DC-based attorney with over 25 years’ experience in providing advice on education law and policy in Congress, the U.S. Department of Education, and the private sector. His practice includes legal and policy advice to colleges and universities, for-profit schools, accrediting agencies, the pre-K-12 sector, charter school organizations, trade associations, and education-focused companies, as well as service as an expert witness. He currently serves as Investigative Counsel, U.S. House Committee on Education and the Workforce.
Prior to establishing his firm, Mr. Talbert practiced at Talbert & Eitel, PLLC from 2010-2012. From 2006-2009 he served as General Counsel of the U.S. Department of Education, advising the Secretary of Education on a broad range of legal and policy matters, including the reauthorization of the Higher Education Act of 1965, the drafting and implementation of regulations under the No Child Left Behind Act of 2001, and major education law cases pending before the Supreme Court of the United States and other appellate and trial courts. During his tenure as General Counsel, Mr. Talbert served as the Chief Regulatory Officer for the Department, overseeing all documents for publication in the Federal Register.
He has provided legal and strategic advice on the No Child Left Behind Act of 2001, the Higher Education Opportunity Act of 2008, the Ensuring Continued Access to Student Loans Act of 2008, the Freedom of Information Act (FOIA), the Family Educational Rights and Privacy Act (FERPA), the Rehabilitation Act of 1973, the Americans With Disabilities Act, Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act"), Federal Student Aid program reviews, negotiated rulemaking, and accreditation.
Prior to his service as General Counsel, Mr. Talbert served as the Department's Deputy General Counsel for Departmental and Legislative Service from 2001-2006. Earlier in his career, Mr. Talbert served for over 12 years on House and Senate staff, both as Education Policy Counsel for the Committee on Education and the Workforce in the U.S. House of Representatives, and as a professional staff member of the Committee on Labor and Human Resources (now Committee on Health, Education, Labor, and Pensions) in the U.S. Senate.
Mr. Talbert is a member of the Bars of the District of Columbia and South Carolina, the Alliance of Public Charter School Attorneys, and the National Association of College and University Attorneys where he serves on the Committee on Legal Education. He is admitted to practice before the United States Supreme Court, the United States Court of Federal Claims, the United States Court of Appeals for the District of Columbia Circuit, the United States Court of Appeals for the Fourth Circuit, and all federal courts in South Carolina and Washington, DC.
Co-Founder and President, Defense of Freedom Institute
Bob is a co-founder and President of DFI. He previously served as Senior Counselor to the Secretary of Education from 2017 through 2020 and Deputy General Counsel of the U.S. Department of Education from 2005 until 2009.
During his most recent tenure at the Department, Bob served on the Secretary’s Leadership Team as a strategic and legal adviser on higher education, civil rights, and congressional oversight matters. As the Department’s Regulatory Reform Officer, he also supervised the implementation of the Secretary’s regulatory agenda and was an architect of the Secretary’s reforms concerning Title IX and the Higher Education Act. As Deputy General Counsel, Bob advised on a wide variety of regulatory, legislative, and oversight matters.
Prior to joining the Department in 2017, Bob was vice president for regulatory compliance matters for several postsecondary institutions and practiced education and employment law in Washington, D.C. Before coming to the Department in 2005, he practiced law in New Orleans, litigating commercial, employment, and bankruptcy cases in Louisiana, Texas, and Mississippi.
Bob earned his A.B. in History from Georgetown University, studied British government and international politics at the London School of Economics and Political Science, and received his law degree from Tulane University Law School. His articles have been published by National Review, Real Clear Education, Washington Examiner, and other media outlets. Fox News has featured his work.
Bob is a member of the District of Columbia and Louisiana Bars and the Federalist Society for Law and Public Policy Studies.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Associate, Gibson, Dunn & Crutcher 
Scott Martin is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher. He practices in the firm’s Litigation Department and is a member of its Appellate and Constitutional Law Practice Group. Mr. Martin has represented clients before the Supreme Court of the United States, federal appellate and trial courts, and state courts in cases involving constitutional law, securities regulation, class action proceedings, and the False Claims Act.
Before joining the firm, Mr. Martin served as a judicial clerk to the Honorable Alex Kozinski of the United States Court of Appeals for the Ninth Circuit and the Honorable Antonin Scalia of the Supreme Court of the United States. He graduated from Columbia Law School, where he was a James Kent Scholar and a senior editor of the Columbia Law Review. At Columbia, he received the John Ordronaux Prize for graduating first in his class, the Thomas E. Dewey Prize for written advocacy, the Robert Noxon Toppan Prize for constitutional law, and the full-tuition Hamilton Fellowship. Mr. Martin received his undergraduate degree, summa cum laude in mathematics and political science, from Furman University. He is admitted to practice in New York and the District of Columbia, and before the Supreme Court of the United States and the United States Courts of Appeals for the Third, Fourth, Fifth, Eighth, Ninth, and Eleventh Circuits.
Crivello, Carlson & Mentkowski, S.C.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Partner, Wiley Rein LLP
Tom has over 15 years’ experience in private practice and public service at the federal and state levels representing clients in high-stakes appellate and regulatory litigation matters. Tom has argued appeals in the Fourth, Fifth, Ninth, D.C. and Federal Circuits, and the West Virginia Supreme Court of Appeals.
Prior to joining Wiley, Tom was the General Counsel at the Federal Communications Commission (FCC), where he served as the agency’s chief legal officer and briefed dozens of appeals – personally arguing two – in the federal courts of appeals in constitutional and administrative law challenges to the FCC’s orders. Tom managed a team of over 70 attorneys and staff and provided consultation and advice on a wide range of practice areas relating to the FCC’s work, including administrative law, appellate and trial litigation, bankruptcy, ethics, fiscal law, fraud, labor and employment, and public records requests. He has spent his career advising clients on all stages of federal agency rulemaking, adjudication, and litigation, in fields ranging from communications to environmental law to securities to labor and employment. He frequently speaks and writes on legal issues and his articles have appeared in the Wall Street Journal, Washington Post, National Review, Forbes, and Newark Star-Ledger.
Panel 1: The Rule of Law and the Administrative State
2012 National Student Symposium
Stanford, CAThe Upside-Down Constitution
Washington, District of ColumbiaThe Second Amendment: Post-Heller
DenverObamacare and the Right of Conscience
Washington, District of ColumbiaThe Road to a National Curriculum: The Legal Aspects of the Common Core Standards, Race to the Top, and Conditional Waivers
Kent D. Talbert, Robert S. Eitel
Note from the Editor: This paper examines the U.S. Department of Education’s administration of the...
The Supreme Court Healthcare Litigation: An Advocate's Perspective
Perry v. Perez - Post-Decision SCOTUScast
Ilya Shapiro
On January 20, 2012, the Supreme Court announced its decision in Perry v. Perez. This case...
Filarsky v. Delia - Post-Argument SCOTUScast
Scott Martin
On January 17, 2012, the Supreme Court heard oral argument in Filarsky v. Delia. The question...
FCC v. Fox - Post-Argument SCOTUScast
Patrick McKinley Brennan, Erik S. Jaffe
On January 10, 2012 the Supreme Court heard oral argument in FCC v. Fox. The question...
Legislative Authority to Adjust Judicial Benefits Under the New Jersey Constitution
Thomas M. Johnson
The Federalist Society for Law and Public Policy Studies is an organization of 40,000 lawyers,...