Senior Litigation Counsel, New Civil Liberties Alliance
Margaret Harker litigates for a public interest law firm. She has significant experience in government investigations and litigation, having served in the three branches of our government. Previously, she led complex Congressional investigations for the House Committee on Oversight and Government Reform—including the only government-wide investigation into federal agencies’ strategy (or lack thereof) to counter Chinese Communist Party political warfare against America.
Prior to her time on Capitol Hill, Harker served in the U.S. Department of Justice. She was an Assistant United States Attorney in both the Eastern District of Tennessee and the Eastern District of Virginia. She was a Trial Attorney in the National Security Division, Counterintelligence and Export Control Section, with an emphasis on the administration and enforcement of the Foreign Agents Registration Act.
Harker clerked for the Honorable Henry E. Hudson, U.S. District Court for the Eastern District of Virginia and the Honorable Randolph A. Beales, Court of Appeals of Virginia.
Earlier in her career, she studied in Beijing, China, and worked at the U.S. Chamber of Commerce’s China Center.
Writer and Editor, Tablet Magazine
Park MacDougald is Editor and Senior Writer at The Scroll, Tablet’s daily afternoon newsletter, a fellow at the Manhattan Institute, and a former recipient of the Novak Fellowship from The Fund for American Studies. His writing has appeared in Tablet, City Journal, New York Magazine, The Washington Examiner, and UnHerd.
Fellow, National Security Institute, Antonin Scalia Law School, George Mason University
Vince Vitkowsky chaired the Executive Committee of the Federalist Society’s International and National Security Law and Policy Practice Group for over a decade. He is also a Fellow at the National Security Institute of George Mason University Law School. Vince spent 45 years in private practice, primarily in AmLaw 100/200 firms and their spin-offs. His practice included domestic and international commercial arbitration and litigation, as well as cyber risks and liabilities. Vince's current focus is on national security policy, artificial intelligence, cybersecurity, and counterterrorism. He has often written and spoken on national security and other public policy issues. Among other affiliations, Vince has been an Adjunct Fellow at the Center for Law and Counterterrorism of the Foundation for the Defense of Democracies, a member of the Executive Committee of the American Branch of the International Law Association, and Co-Chair of the Committee on Interventions and Trial Observations of the International Bar Association’s Human Rights Institute. He received his B.A. from Northwestern University and his J.D. from Cornell Law School.
Partner, Torridon Law PLLC
Mike Fragoso is an experienced legal and policy strategist who represents clients before all three branches of the federal government. Most recently he served as chief counsel to the Senate Republican Leader, Mitch McConnell (R-KY). He has negotiated consequential legislation, managed successful congressional oversight, and prepared individuals for the most contentious Senate hearings.
As chief counsel to Leader McConnell, Mike was the Leader’s primary legal advisor and managed the “last mile” of any legislation touching on the Senate Judiciary Committee. He ran the 2024 reauthorization of FISA Section 702 and was involved at the highest levels of the appropriations and budget-reconciliation processes. Mike also repeatedly represented Leader McConnell as counsel of record at the Supreme Court. Leader McConnell said of Mike that he’s “equally at home in the high-minded philosophical discourse of the legal community and the urgent pragmatism of congressional dealmaking,” and that he “maintains a firm grasp on the realm of the possible” but “knows which screws to twist.” He observed that Mike “is so exceptionally competent that he often produces from his desk the work that would normally require, literally, teams of outside counsel.”
President, JCN
Carrie Campbell Severino is the president of the JCN, and co-author with Mollie Hemingway of the bestselling book Justice on Trial: The Kavanaugh Confirmation and the Future of the Court. As a go-to expert on the confirmation process, Mrs. Severino has been extensively quoted in the media. She regularly appears on television, including FOX, CNN, MSNBC, C-SPAN, and ABC’s This Week.
Severino writes and speaks on a wide range of judicial issues, including the constitutional limits on government, the federal nomination process, and state judicial selection. She has testified before Congress on constitutional questions and briefed Senators on judicial nominations, and regularly files briefs in high-profile Supreme Court cases. She was a law clerk to Supreme Court Justice Clarence Thomas and to Judge David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit, and is a graduate of Harvard Law School (J.D.), Duke University (B.A., Biology), and Michigan State University (M.A., Linguistics).
Solicitor General, West Virginia
Michael Williams is the Solicitor General for the State of West Virginia. In that role, Michael represents the State in appeals before state and federal courts, including the U.S. Supreme Court. Michael also coordinates strategic affirmative litigation on the State’s behalf, including litigation against the federal government.
Before joining the Attorney General’s Office, Michael co-led the complex briefing and appeals group at a Michigan boutique firm, representing Fortune 50 companies and others in actions across the country. He also practiced in the litigation groups of two Washington, D.C. firms and clerked with the Appellate Division of the U.S. Attorney’s Office for the District of Maine.
Michael’s work has been honored with a Best Brief Award from the National Associationof Attorneys General and a Leader in the Law Award from Michigan Lawyers Weekly. He often speaks and writes on appellate-related issues.
Michael clerked twice in the Fourth Circuit: once with then-Chief Judge Deborah Chasanow of the U.S. District Court for the District of Maryland and later with Judge G. Steven Agee of the U.S. Court of Appeals for the Fourth Circuit. He attended George Washington University Law School and Bates College.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Professor of History, Western Connecticut State University
Kevin R. C. Gutzman is the New York Times best-selling author of five books, including the new Thomas Jefferson—Revolutionary: A Radical’s Struggle to Remake America, a History Book Club Selection. Gutzman is Professor and former Chairman in the Department of History at Western Connecticut State University and a faculty member at LibertyClassroom.com . He holds a bachelor's degree (With Honors and With Special Honors in History), a master of public affairs degree, and a law degree from the University of Texas at Austin, as well as an MA and a PhD in American history from the University of Virginia.
Dr. Gutzman's first book was the New York Times best-seller The Politically Incorrect Guide to the Constitution, which was a Main Selection of the Conservative Book Club. It is the only Jeffersonian account of American constitutional history. His second book, Virginia’s American Revolution: From Dominion to Republic, 1776-1840, explores the issue what the Revolutionaries made of the Revolution in Thomas Jefferson’s home state. After that, he co-authored Who Killed the Constitution? The Federal Government vs. American Liberty from World War I to Barack Obama with New York Times best-selling author Thomas E. Woods, Jr. His fourth book, James Madison and the Making of America, a Main Selection of the History Book Club, received positive reviews from The Wall Street Journal, The Journal of Southern History, The Washington Times, and numerous other publications. His latest book, Thomas Jefferson—Revolutionary: A Radical’s Struggle to Remake America, published on January 31, 2017, was a Selection of the History Book Club.
Gutzman's essay “Lincoln as Jeffersonian: The Colonization Chimera” appeared in Lincoln Emancipated: The President and the Politics of Race, and his “James Madison and Ratification: A Triumph Over Adversity” appeared in A Companion to James Madison and James Monroe. His scholarly articles have appeared in The Journal of Southern History, The Journal of the Early Republic, The Virginia Magazine of History and Biography, The Review of Politics, and The Journal of the Historical Society, among other publications. He has written a hundred book reviews for outlets scholarly and popular, and he has contributed three dozen essays to historical encyclopedias. Gutzman has written for numerous popular magazines and newspapers, including Canada’s National Post, the San Antonio Express-News, and the Richmond Times-Dispatch, among others.
Kevin R. C. Gutzman has appeared on hundreds of radio programs, such as NPR’s “Backstory With the American History Guys” and many of the most prominent commercial programs, terrestrial and satellite, as well as on national television programs including C-SPAN 2's “BookTV,” CNN's “Lou Dobbs Tonight,” Fox News's “The Glenn Beck Program” (both with Beck and with Judge Andrew Napolitano), and NewsMax TV, besides on the BBC and several local television broadcasts. He has been interviewed by reporters from major outlets such as the AP, The Washington Times, The Philadelphia Enquirer, The Washington Post, The Hartford Business Journal, The Houston Chronicle online, Investor's Business Daily, Money Magazine, Connecticut Magazine, and The New York Times, among others.
Gutzman was a featured expert in the documentary movies “John Marshall: Citizen, Statesman, Jurist” and “Nullification: The Rightful Remedy.”
Professor of Law, American University Washington College of Law
Robert L. Tsai is Professor of Law at American University and a prize-winning essayist in constitutional law and history. Though he was born in Taiwan, he has always considered America his home. In fact, one of the proudest moments of his life was the day he was sworn in as a U.S. citizen. Tsai spent his formative years in the Pacific Northwest, working in his parents’ cafe in charming Port Townsend, Washington, and dreaming about the world beyond his small town. He left the area for college and earned a B.A. magna cum laude in History and Political Science from the University of California, Los Angeles, where he was elected to Phi Beta Kappa and received the Carey McWilliams Prize for his honors thesis on the political significance of early Christian teachings.
He then headed to Yale Law School, where he helped edit the Yale Law Journal, served on the Board of the Morris Tyler Moot Court, and was awarded Honorable Mention for Oral Advocacy as a Harlan Fiske Stone Prize Finalist. After graduating from law school, he learned the intricacies of America’s justice system by working as a law clerk for federal judges in New York and Boston: U.S. District Judge Denny Chin (later appointed by President Obama to the U.S. Court of Appeals for the Second Circuit) and U.S. Court of Appeals Judge Hugh H. Bownes (a Carter appointee who passed away in 2003).
After two years of judicial tutelage, Tsai relocated to the South to become a civil rights lawyer in Georgia. Those exhilarating years working with students, clergy, protesters, prisoners, and the homeless left a lasting impression. His first teaching gig was at the University of Oregon Law School, where he earned tenure, along with awards for teaching and research from the law school and the university.
Tsai is the author of three books, Practical Equality: Forging Justice in a Divided Nation (W.W. Norton Feb. 19, 2019), America’s Forgotten Constitutions: Defiant Visions of Power and Community (Harvard 2014), and Eloquence and Reason: Creating a First Amendment Culture (Yale 2008). Practical Equality, which will be published by W.W. Norton in February 2019, is a call to arms to do the hard work of equality, brimming with historical lessons for how to make social progress in tough times. America’s Forgotten Constitutions, which explores how citizens have written a wide range of alternative constitutions to resist mainstream constitutional law, has been called “captivating,” “magisterial,” and “a remarkable feat of excavation.” Eloquence and Reason, his book on the development of America’s free speech values, has been described as “fresh,” “sophisticated,” and “compelling.”
Tsai’s research spans constitutional law, legal history, democratic theory, American political culture, social movements, criminal procedure, presidential leadership, and radical constitutionalism. He has written about the legal obstacles placed in the way of black civil rights activists, President Franklin Roosevelt and freedom of religion, the philosophy of John Brown and his followers, modern white supremacy and the militia movement, the Republic of New Afrika’s ideas about the Constitution, the historical treatment of migrants, early socialism in America, the rise and fall of the “one world” movement, President Obama’s reversal on same-sex marriage, and ideas of equality in the poetry and fiction of Langston Hughes.
His work has been published by the Journal of American History, Contemporary Political Theory, Constitutional Commentary, Perspectives on Politics, Yale Law Journal, Michigan Law Review, Georgetown Law Journal, Washington University Law Review, and Boston University Law Review. His popular essays have appeared in Los Angeles Review of Books, Boston Globe, Washington Post, Politico, Boston Review, and Slate. He has been interviewed by the New York Times, NPR, and CNN. He lives with his family in Washington, D.C.
Communications Director, Tenth Amendment Center
Michael Maharrey serves as the national communications director for the Tenth Amendment Center and the managing editor of the SchiffGold blog. He hosts his own podcast, Thoughts from Maharrey Head, as well as the Friday Gold Wrap podcast and the It’s Your Dime interview series for SchiffGold.
Michael is the author of three books. Our Last Hope – Rediscovering the Lost Path to Liberty, makes the historical, philosophical and moral case for nullification. Smashing Myths: Understanding Madison’s Notes on Nullification digs deep into James Madison’s views on nullification, focusing on his writing’s later in life. Finally, Michael joined Tenth Amendment Center executive director Michael Boldin in penning Nullification Objections: Dismantling the Opposition, a book that takes apart the common objections to nullification one at a time. He’s also penned several e-books, including The Power of No: The Historical and Constitutional Basis for State Nullification to Limit Federal Powe and Its Practical Application, The Constitution and the Report of 1800, and The Jefferson Letters, Vol. 1: Kentucky and Virginia Resolutions.
Michael earned a degree in Mass Communications and Media Studies from the University of South Florida St. Petersburg. As a non-traditional student, he won several academic awards and was a member of the school’s ethics bowl team that placed eighth in the nation. Mike played for the USF ice hockey team at the ripe old age of 40, earning American Collegiate Hockey Association Academic All-American honors. He also holds a B.S. degree in Accounting from the University of Kentucky. Along with his formal schooling, he’s had the opportunity to associate with and study under some of the top academics in constitutional history and our founding principles.
Michael speaks at events across the United States, and frequently appears as a guest on local, national and international radio shows advancing constitutional fidelity and liberty through decentralization.
As a working journalist, Michael has written and reported for several newspapers, including the St. Petersburg Times and the Kentucky Gazette, covering local and state politics, and sports. Mike won a pair of 2009 Kentucky Press Association awards while serving as the sports editor for the Woodford Sun in 2009. He also worked for a local television news outlet writing web content for the station’s award-winning website.
Michael lives in Lexington, Ky., with his beautiful wife Cynthia, and has two daughters and a son. Although a native Kentuckian, he spent much of his adult life in Florida and considers the Sunshine state his adopted home. In his spare time, he still plays ice hockey and is equally passionate about defending the Constitution and his crease.
Head of Tech & Innovation, Centre for Policy Studies
Matthew Feeney is Head of Tech & Innovation at Centre for Policy Studies. Before joining CPS, Matthew was the director of Cato Institute’s Project on Emerging Technologies. His writing has appeared in The New York Times, The Washington Post, City A.M., and others. He received both his BA and MA in philosophy from the University of Reading.
Associate Dean for Academic Affairs, Austin E. Owen Research Scholar & Professor of Law, The University of Richmond School of Law
Dean Kristen Jakobsen Osenga teaches and writes in the areas of patent law, antitrust, and legislation and regulation. Some of her recent scholarship focuses on standard development organizations, patent eligible subject matter, patent licensing firms, litigation and remedies for patent infringement, and patent law reform. She has written numerous law review articles on these and other topics, as well as book chapters and op eds on various aspects of patent law. Additionally, she has spoken on these issues at many academic conferences and bar events. Dean Osenga is Chief Policy Counselor for the Inventors Defense Alliance, as well as an active member of the Federal Circuit Bar Association and the American Intellectual Property Law Association.
Dean Osenga received a B.S. degree in Biomedical Engineering from the University of Iowa, an M.S. degree in Electrical Engineering from Southern Illinois University – Carbondale, and a J.D. from the University of Illinois College of Law, where she graduated magna cum laude. After law school, she practiced at the law firm of Finnegan, Henderson, Farabow, Garrett, & Dunner LLP, (now Finnegan) where she did patent prosecution and litigation. She then clerked for the Judge Richard Linn of the U.S. Court of Appeals for the Federal Circuit. After clerking, she entered academia, teaching first at Chicago-Kent College of Law and then at the University of Richmond, where she has been since 2006. She has also been a Visiting Professor at Emory University School of Law and at William & Mary School of Law.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
Foreign Influence Operations and National Security
Margaret Harker, Park MacDougald, Vincent Vitkowsky
Foreign influence operations have become increasingly important in geopolitical competition and American national security. China...
Is the Federal Judicial Center Putting a Thumb on the Scale for A Climate Agenda?
Michael Fragoso, Carrie Campbell Severino, Michael R. Williams
The Federal Judicial Center describes itself as “the research and education agency of the judicial...
Disparate-Impact Liability: Unfounded, Unconstitutional, & Not Long For This World
Dan Morenoff
For more than fifty years—ever since the Supreme Court decided Griggs v. Duke Power Co.[1]—almost...
Topics
Four Things to Watch in Gonzalez v. Google
Many Americans have heard of Section 230 of the Communications Decency Act. Not many know...
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Federal Government Orders Surrender of Personal Property Under . . . its Police Power?: Courts Grapple with Bump Stock Rule as a Fifth Amendment Taking
In December 2018, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued a rule...
What Is a Constitutional Crisis? Would You Know it if We Were in One?
Kevin R.C Gutzman, Robert L. Tsai, Michael Maharrey
Is the United States experiencing a constitutional crisis--or multiple crises? How would we even know...
Can Border Patrol Search Your Phone Without a Warrant? [POLICYbrief]
Matthew Feeney
The long-standing “Border Search Exception” to the Fourth Amendment allows Customs and Border Protection to...
What Happened to the Public’s Interest in Patent Law?
Kristen Osenga
Note from the Editor: This article discusses the role of the concept of the public...
Topics
Liberty Month Revisited: The Real Great Charter—Not Magna Carta, but the American Constitution
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
The Alt-Chain Revolution: Regulatory Considerations for the Next Wave of Bitcoin Innovation
David B. Rivkin, Andrew Grossman
Bitcoin is dead. Long live Bitcoin. A counterintuitive feature of the groundbreaking cryptocurrency—and there are...