THE Federalist PAPER THE MAGAZINE OF THE FEDERALIST SOCIETY • FEDSOC.ORG Summer 2018 THE FEATURES Federalist PAPER THE MAGAZINE OF THE FEDERALIST SOCIETY • FEDSOC.ORG BOARD OF DIRECTORS BOARD OF VISITORS Prof. Steven G. Calabresi, Chairman Mr. Christopher DeMuth, Co-Chairman Hon. David M. McIntosh, Vice Chairman Hon. Orrin G. Hatch, Co-Chairman Prof. Gary Lawson, Secretary Prof. Lillian BeVier Mr. Brent O. Hatch, Treasurer Mr. George T. Conway 4 National Student Hon. T. Kenneth Cribb Ms. Kimberly O. Dennis Hon. C. Boyden Gray Mr. Michael W. Gleba Symposium Mr. Leonard A. Leo, Executive VP Hon. Lois Haight Herrington Hon. Edwin Meese, III Hon. Donald Paul Hodel 6 Student Division Mr. Eugene B. Meyer, President Hon. Frank Keating, II Hon. Michael B. Mukasey Hon. Gale Norton 8 Lawyers Chapters Hon. Lee Liberman Otis, Senior VP Hon. Theodore B. Olson Prof. Nicholas Quinn Rosenkranz Mr. Andrew J. Redleaf Hon. William Bradford Reynolds 10 Faculty Division Ms. Diana Davis Spencer Mr. Theodore W. Ullyot 12 Practice Groups STAFF 14 Article I President Executive Vice President Senior Vice President Eugene B. Meyer Leonard A. Leo Lee Liberman Otis 16 State Courts & AGs Student Division Lawyers Chapters Peter Redpath, VP & Director Lisa Budzynski Ezell, VP & Director 17 Regulatory Kamron Kompani, Deputy Director Sarah Landeene, Deputy Director Transparency Kate Alcantara, Deputy Director Katherine Fugate, Associate Director Faculty Division Practice Groups 18 Membership Lee Liberman Otis, Director Dean Reuter, VP & General Counsel Laura Flint, Deputy Director Anthony Deardurff, Deputy Director Wesley G. Hodges, Associate Director 19 Resources Jennifer Weinberg, Associate Director Micah Wallen, Assistant Director Brigid Flaherty, Assistant Director Regulatory Transparency Project External Relations Devon Westhill, Director Jonathan Bunch, VP & Director Colton Graub, Project Assistant Peter Bisbee, Director, State Courts Elizabeth Cirri, Assistant Director Article I Initiative Nathan Kaczmarek, Director International Affairs James P. Kelly, III, Director, Of Counsel Conferences Juli A. Nix, Director Paul Zimmerman, Deputy Director Publications Development Katie McClendon, Director Cynthia Searcy, VP & Director Stuart Beckett, Associate Director Digital Anna Hartley, Grants Administrator Daniel T. Richards, VP & Director Matt Wood, Director, Film & Photography Administration Samantha Schroeder, Deputy Director, Douglas C. Ubben, VP & Director, Finance Digital Production C. David Smith, VP & Director, IT Jenny DeMarco, Assistant Director, Digital Maria Marshall, Director of Operations, Strategy Office of the Executive VP Alex Yershov, Assistant Director, Digital THE FEDERALIST PAPER • SUMMER 2018 • FEDSOC.ORG • SUMMER 2018 PAPER THE FEDERALIST Production Amy Harper, Assistant Director, Finance Shiza Francis, Assistant Director, Office Membership & Alumni Relations of the Executive VP Paige Williams, Director Rhonda Moaland, Office Manager Samuel Winkler, Coordinator “The courts must declare the sense of the law; and if they should be disposed to exercise will instead of judgment, the consequence would equally be the substitution of their pleasure to that of the legislative body.” 2 Federalist No. 78 EDITOR’S LETTER Dear Friend, One of our marquee annual events, the National Student Symposium, was held in March at Georgetown University Law Center. The theme was First Principles of the Constitution, and several excellent panels addressed that important topic from various angles. For the banquet keynote, Justice Clarence Thomas was interviewed by Prof. • FEDSOC.ORG • SUMMER 2018 PAPER THE FEDERALIST Jennifer Mascott. See inside for photos of the Symposium, and visit fedsoc.org or youtube.com/thefederalistsociety to watch videos of the panels. Also inside, on the Student Division pages, you’ll see which Student Chapters received Feddie Awards at the Symposium, honoring them for the great work they’re doing on their campuses. Lawyers Chapters in Ohio and Wisconsin recently hosted statewide conferences, and you can see photos of those events inside this issue and watch panels online. The Faculty Division bestowed the inaugural Joseph Story Award on Prof. Josh Blackman at the Student Symposium; find more information and read a brief interview with Prof. Blackman on page 10. The Sixth Annual Executive Members of the Georgetown Student Chapter welcome attendees to the National Student Symposium on March 9 at Branch Review Conference was put on by our Practice the Georgetown University Law Center. Groups this spring, and it covered issues related to deregulation in a number of excellent panels. The Practice Groups also continue to produce timely commentary in TEXAS CHAPTERS their teleforum conference calls, in the Federalist Society Review, and on the Fed Soc Blog. CONFERENCE The Article I Initiative hosted a conference on Restoring September 7-8, 2018 Article I, featuring several lawmakers and commentators Fort Worth Convention Center discussing ideas about Congress and its proper Fort Worth, TX constitutional role. The State Courts Project has been Featuring the Inaugural Gregory S. Coleman hosting candidate forums in states where judicial and AG Lecturer, Hon. Clarence Thomas elections are underway, and the Regulatory Transparency Register soon at fedsoc.org. Project continues to be active. Our Digital team is busy producing mini-documentaries and other short videos, which you can view at youtube.com/thefederalistsociety. NATIONAL LAWYERS We hope you enjoy this look at just a few of our activities. Keep up with us between issues on social media and at CONVENTION fedsoc.org. Please send comments to [email protected]. November 15-17, 2018 We look forward to hearing from you! The Mayflower Hotel Washington, DC Katie McClendon Regulatory Transparency Director of Publications Register soon at fedsoc.org. 3 NATIONAL STUDENT SYMPOSIUM Ethan Womble (President, Georgetown Student Chap- ter), Dean Mitchell C. Bailin (Assoc. VP and Dean of Students, Georgetown Law), and Darina Merriam (VP and Symposium Chair, Georgetown Student Chapter) introduce the symposium and the first panel. The National Student Symposium was hosted by the Georgetown Student Chapter at Georgetown University Law Center March 9-10. The theme was First Principles of the Constitution. As the keynote for the Saturday banquet, Supreme Court Justice Clarence Thomas shared moving reflections about how his Christian faith and family formed his character. The Justice’s former clerk, Prof. Jennifer Mascott, interviewed him in front of a standing room only crowd. On Saturday morning, Attorney General Jeff Sessions opened the conference with a defense of originalism and a critique of nationwide injunctions. Panels then proceeded with discussions of the role of Declaration of Independence in constitutional interpretation, the scope of executive power, and the Fourteenth Amendment. The discussions highlighted the breadth of ideological diversity among Fed Soc members. Students left with new friendships Panelists Ed Whelan (President, Ethics and Public and inspiration to explore the ideas discussed more deeply. Policy Center) and Clint Bolick (Justice, Arizona Watch panels you missed at fedsoc.org or at Supreme Court) and moderator Kevin Newsom youtube.com/thefederalistsociety. (Judge, 11th Circuit) listen to an audience ques- tion. The panel discussed The Judicial Power: The Judicial Duty to Follow the Law or a Discretionary Power of Judicial Review? Left to right: Joel Nolette, the winner of the Article I Writing Contest, accepts his award. Read his prize-winning paper in the Federalist Society Review. THE FEDERALIST PAPER • SUMMER 2018 • FEDSOC.ORG • SUMMER 2018 PAPER THE FEDERALIST Peter Redpath, Director of the Student Division, gets ready to announce the winners of the Feddie Awards (find out who won on page 6). Visit fedsoc.org and YouTube to watch videos of panels you missed! 4 NATIONAL STUDENT SYMPOSIUM THE FEDERALIST PAPER • SUMMER 2018 • FEDSOC.ORG • SUMMER 2018 PAPER THE FEDERALIST Students, faculty, and honored guests gathered for a special reception in the Great Hall of the Supreme Court. Justice Clarence Thomas is interviewed by Prof. Jennifer Mascott at the symposium banquet Saturday evening. U.S. Attorney General Jeff Saturday Panels: Sessions The Relationship Between the Declaration addresses the and the Constitution symposium Profs. Randy Barnett, Michael Zuckert, John Makhail, on Ending Lee Strang, & Hon. Thomas Hardiman (moderator) Government- The Executive Power: Prerogative Versus by-Litigation. Delegated Powers Profs. Martin Flaherty, John Yoo, Sai Prakash, Michael McConnell, & Hon. Amul Thapar (moderator) Reconstructing First Principles: The 14th Amendment and the Constitution Elizabeth Wydra, Profs. John Harrison, Nick Rosenkranz, Kurt Lash, & Hon. Diane Sykes (moderator) Perfecting the Constitution: Visions for the 28th Amendment Profs. Jamal Greene, Laura Donohue, Michael Greve, John McGinnis, Robin Fretwell Wilson, & Hon. Amy 5 Coney Barrett (moderator) The Feddie Awards Meet the Winners Justice Clarence Thomas with Danitza Morales of James Madison Chapter of the Year: Florida, Thomas Yale Reinhard of Seattle, Alexander Hamilton Most Improved Chapter: Joel Nolette (win- Stanford ner of the Article I Samuel Adams Membership Growth: Writing Contest), Harvard and Sarah Catalano Thomas Paine Creative Publicity: of Harvard. Florida Patrick Henry Liberty Award: Thomas Reinhard of Seattle The Yale Federalist Society The Harvard Student Chapter has seen immense growth was honored