Jennifer Mascott
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maj rept
April 21, 2026. Elie Mystal, justice correspondent and columnist at The Nation magazine, joins the program for a conversation about Justice Alito’s future and other recent Supreme Court activity.
ho mascot and ----
kennedy breyer leak? all pol $ no law
...
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this because Andy Olm is coming and Jennifer Mascot is coming and James Ho is coming, people are just like, "Oh god, that sounds bad." Anyway, a rant.
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When Chuck Grasserly said, "We should nominate Ted Cruz." My social media blew up. Just liberals just, "Oh my god, we...
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like when I look at a James Hoe and we're talking about how Clarence Thomas is on uh uh Harlon and Crow's uh uh uh play payroll, you know where James Hoe,
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the current fifth circuit judge, James Hoe, you know where he was sworn in to be a fifth circuit judge in Harlon Crow's library by Justiceclarence
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point they all look the same to me. Like there there three archetypes of Republicans. You've got the superch Christian uh uh uh warrior Republican.
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You've got the super business I'm on Epstein Islands Republican. And I'm not saying those two are mutually exclusive,
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right? And then you got the Mara Lago woman Republican. Like those are your you know the the internalized patriarchy Republican. Like those are your three.
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And they just kind of like, you know,
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find pick one of the three. I think they throw a dart on the board and be like, "Oh, it's time for the Mara Lago face.
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memory because the Federal Society has
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controlled Republican judicial picks going back to George HW Bush and now they're kind of on the outs. So, I got
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two answers for that in the time we have left. One, the new guy to look out is Mike Davis. Um he's a former Neil
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Gorsuch clerk. He was formerly Chuck Grassly who's the head of the Senate Judiciary Committee. Um, uh, he was his
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guy picking clerks. He is a an odious man. He is a mean person. I personally
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do not like him. Um uh uh uh he's probably the person who is gonna be in
...
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Risk: Politicized Government OperationsBranch: ExecutiveLikely Agency or Office: Office of Management and BudgetCharacteristic: Trump Admin Appointee
Justice Clarence Thomas is “one of the leading jurists of the 20th and 21st centuries
Jennifer Mascott was a lawyer in Trump’s Department of Justice (DOJ), serving as Deputy Assistant Attorney General of the Office of Legal Counsel and Associate Deputy Attorney General. While in the administration, she played a role in getting Amy Coney Barrett confirmed to the Supreme Court while Americans were voting Trump out of office. Earlier in her career, Mascott clerked for Clarence Thomas on the Supreme Court and Brett Kavanaugh on the D.C. Circuit.
Mascott is currently the co-director of the C. Boyden Gray Center (the CBGC or Center) for the Study of the Administrative State at George Mason’s Antonin Scalia Law School, where she is an assistant professor. In her work at the Center, which has been funded by the Charles Koch Foundation, she has
Thomas “one of the leading jurists of the 20th and 21st centuries” and hosted a ceremony
right-wing federal judge Laurence Silberman with a newly created award called the “Justice Clarence Thomas First Principles Award.”
The school and Boyden Gray Center boast close relationships to the Heritage Foundation, Federalist Society and Leonard Leo, the “prime architect of a grand project…to transform the federal judiciary and further the legal imperatives of the right,” who helped secure $30 million to rename the law school after Justice Scalia.
Under Mascott’s stewardship, they have co-hosted events with both the American Enterprise Institute–a right-wing nonprofit that includes Harlan Crow and Dick DeVos, former Trump Education Secretary Betsy DeVos’ husband, on the board–and the Manhattan Institute, a think-tank that pushes right-wing ideologies and includes Paul Singer and Crow’s wife Kathy on the board and that counts Rebekah Mercer as one of its top donors.
As Co-Director of the CBGB, Mascott co-wrote an amicus brief for the plaintiffs in Loper v. Raimondo, seeking to “unequivocally abandon the contemporary Chevron deference doctrine,” which will undermine agency expertise to issue regulations protecting public well-being.
Mascott has also sought to thwart ethics reforms for the U.S. Supreme Court by asserting that the Senate’s efforts to address the ethics crisis caused by political partisans giving luxury gifts to Justice Thomas and others on the Court would undermine “an impartial judiciary.” She has also hosted a Religious Liberty Conference–with a panel discussion by Roger Severino, another Trump administration official who has sought to ban access to abortion.
She previously worked for Consovoy McCarthy, a Leo-tied law firm where half the partners are former Thomas clerks and which has assailed an array of legal precedents, including affirmative action policies.
Jennifer Mascott is Associate Professor of Law and Director of the Separation of Powers Institute at Catholic Law. Professor Mascott writes in the areas of administrative and constitutional law, theories of constitutional and statutory interpretation, and the constitutional structural separation of powers. She also serves as a Supreme Court contributor for NBC Universal. Her scholarship has been cited extensively by the Supreme Court and federal circuit and district courts and has been published or is forthcoming in theStanford Law Review, the Notre Dame Law Review, the Supreme Court Review by the University of Chicago Press, the George Washington Law Review, the BYU Law Review, the Harvard Journal of Law and Public Policy, and the George Mason Law Review, among other journals.
Professor Mascott joins Catholic Law from George Mason University’s Antonin Scalia Law School where she was an Assistant Professor of Law and Co-Director of The C. Boyden Gray Center. In 2022, Professor Mascott joined as coauthor for the 9th edition of Beermann/Cass/Diver’s Administrative Law: Cases and Materials. The well-known Legal Theory Blog has reviewed Professor Mascott’s work as “path breaking” and in 2023, Professor Mascott received the Justice Joseph Story Award given annually to a young academic for excellence in scholarship, concern for students, and commitment to teaching in a manner that advances the rule of law.
Professor Mascott has been elected to a three-year term as Council Member of the ABA’s Administrative Law Section and serves as a Public Member of the Administrative Conference of the United States. She frequently testifies in the U.S. Senate and U.S. House on topics ranging from executive privilege to regulatory reform to Supreme Court jurisdiction and has testified during the confirmation hearings for two U.S. Supreme Court justices. Professor Mascott has also testified on sentencing guidelines reform before the U.S. Sentencing Commission.
Professor Mascott routinely presents at academic conferences and symposia, including at past events affiliated with Yale, Harvard, Stanford, Texas, UVA, Duke, and Georgetown law school organizations, the American Bar Association, the American Constitution Society, the Heritage Foundation, and the Federalist Society.
She regularly provides commentary related to her academic expertise in the national media and trade press including past appearances on Meet the Press, NBC News Special Report, the Today Show, ABC’s This Week, PBS NewsHour, CNN, C-Span, MSNBC, and Fox News. Professor Mascott has published in the Wall Street Journal and Washington Post and has been quoted or cited by the New York Times, the WSJ, AP, Bloomberg, Reuters, USA Today, and theNational Law Journal, among other publications.
In 2019, Professor Mascott took a leave of absence from teaching to serve as Deputy Assistant Attorney General in the Office of Legal Counsel within the U.S. Department of Justice. In May 2020, she was appointed Associate Deputy Attorney General and starting in November 2020, served in a double appointment as both ADAG and a deputy in OLC through January 2021. Separate from her formal responsibilities in those two roles, Professor Mascott assisted with aspects of Justice Amy Coney Barrett’s confirmation process and argued cases in federal appellate and trial courts during her government service. Professor Mascott is a former law clerk to Supreme Court Justice Clarence Thomas and to then-Judge Brett M. Kavanaugh, formerly of the U.S. Court of Appeals for the D.C. Circuit. Professor Mascott graduated summa cum laude from the George Washington University Law School, where she earned the highest cumulative graduating GPA on record at the law school.
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cv
HHRG-117-JU05-TTF-MascottJ-20211201
olin searle fellow
June 30, 2022
WASHINGTON (AP) — Last week, as he marked his 74th birthday, Clarence Thomas achieved two long-sought goals: expanding gun rights and overturning Roe v. Wade ’s nationwide protection for abortion.
If he was ready to take a victory lap, Thomas didn’t let on. Instead, he called on his colleagues to do more, to revisit the Supreme Court’s cases acknowledging rights to same-sex marriage, gay sex and contraception.
After 30 years on the court, Thomas’ influence has never been greater, and yet he remains a lightning rod for controversy. That includes recent questions about his wife’s role in attempting to overturn the results of the 2020 election and his decision not to recuse himself from cases that involved it. Thomas has said nothing in response to the criticism, and he could still serve another decade or more, racking up additional victories with a court that has become more conservative.
“If you serve long enough sometimes things go your way eventually,” said Ohio Northern University professor Scott Gerber, the author of a book on Thomas. Gerber said that at this point there are people who have moved through the conservative legal movement, studying conservatives like Thomas and the late Justice Antonin Scalia, who have now joined Thomas on the court. “They’ve learned from him and agree,” he said.
Thomas is now the senior member of a group of conservative justices with the votes to control the court, not only what cases the court takes on but how broadly it rules. That’s a change for Thomas, whose views were for years seen as far out of the mainstream.
”He’s always been known as not taking quite the same approach,” said George Mason University law professor Jennifer Mascott, who worked for Thomas as a law clerk. But in the guns case, she said: “Everybody joined with him, his approach.”
Ralph Rossum, who has also written a book about Thomas, said the justice once compared himself to a marathon runner who has to take the long view. Now, as time has gone on and more conservative justices have joined the court, Thomas is, in a sense, running “faster and faster” and “lengthening his stride,” Rossum said.
Thomas declined an interview request from The Associated Press.
On top of the criticism Thomas has faced over the years for his views, he and his wife, conservative activist Virginia Thomas, have faced criticism recently for their actions following former President Donald Trump’s defeat in the 2020 election. Among other things, Virginia Thomas exchanged messages with then-White House chief of staff Mark Meadows encouraging him to work to overturn President Joe Biden’s victory and urged Republican lawmakers in Arizona, where Biden won, to choose their own slate of electors. The House committee investigating the Jan. 6, 2021, insurrection at the Capitol has asked her for an interview.
As for the justice, there has been criticism that because of his wife’s actions he should have recused himself from a case involving the committee’s access to presidential documents and lawsuits challenging the election results, challenges the court turned away. Democrats in Congress wrote in a letter that his participation is “exceedingly difficult to reconcile with federal ethics requirements.”
In recent days, following the abortion decision, thousands signed a petition saying he should no longer be allowed to teach a class at George Washington University’s law school. The university rejected that idea.
More personally, after a draft of the abortion decision leaked, there were protests at his house and the homes of other conservative justices. In an appearance after the leak Thomas drew a contrast between liberals and conservatives in unusual us-versus-them terms. “You would never visit Supreme Court justices’ houses when things didn’t go our way. We didn’t throw temper tantrums,” Thomas said.
What many Americans know about Thomas stems largely from his bruising 1991 confirmation hearing, when he was accused of sexual harassment charges by former employee Anita Hill — charges he denied. He wrote a bestselling book in 2007 but for years — partly because he chose not to ask questions during arguments at the court and partly because he is a self-described introvert — Thomas spoke largely through his opinions. Not infrequently, because his views were so conservative compared with the rest of the court, he wrote opinions that spoke only for himself.
That has changed. The court has grown more conservative over the last several years during Trump’s administration, particularly after the death of the liberal Justice Ruth Bader Ginsburg and her replacement in 2020 by conservative Justice Amy Coney Barrett. Conservatives now have a six-justice majority and can lose the vote of Chief Justice John Roberts, who is sometimes less willing to issue sweeping rulings, and still have a majority.
Thomas has also become more vocal in general over the past two years. When the court began hearing arguments by telephone because of the pandemic and changed the arguments’ format so justices asked questions one by one, Thomas joined in. He continued asking questions when the justices returned to their courtroom last fall, his colleagues deferring to him for the first questions.
Thomas’ influence has been felt in other ways, too. Many of the men and women Thomas mentored as law clerks held political appointments in the Trump administration. That includes John Eastman, the conservative lawyer who aided Trump’s efforts to undo the 2020 election results. Ten other former law clerks are now federal judges who hold lifetime appointments. Their ranks include Kathryn Kimball Mizelle, the federal judge in Florida who in April struck down the national mask mandate on airplanes and mass transit.
Thomas is 74. Justice Stephen Breyer is retiring this year, just before his 84th birthday. Ginsburg served until her death at 87. In 2028, Thomas would surpass Justice William O. Douglas as the longest-serving justice ever.
Gerber, the Ohio professor, said Thomas has always said that becoming a justice is a lifetime job.
Said Gerber: “It’s like Queen Elizabeth. She’s been in power 70 years and she’s going to stay until she’s carried out in a box. That’s his view also.”
Associated Press writer Mark Sherman contributed to this report.
[### Professor Jennifer Mascott Cited by Justice Thomas in ...
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Jul 1, 2024 — Professor Jennifer Mascott from Catholic Law was cited by Justice Thomas in his concurring opinion in Trump v United States.
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AP News
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Jun 30, 2022 — ... Jennifer Mascott, who worked for Thomas as a law clerk. But in the guns case, she said: “Everybody joined with him, his approach.” Ralph ...
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By: Ashley Murray - June 14, 2023 6:01 pm. Ginny Thomas, sitting between Clarence Thomas and ... Jennifer Mascott, assistant professor of law at George ...
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Washington Examiner
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Aug 31, 2023 — ... Jennifer Mascott, a former Thomas clerk. Regarding his involvement with Crow in 2022, Thomas disclosed three separate reimbursements ...
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At issue are 29 texts between Meadows and Ginni Thomas, wife of Supreme Court Justice Clarence Thomas, in which she… ... Jennifer Mascott has known Brett ...
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Las Vegas Sun
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Jun 29, 2022 — Supreme Court Associate Justice Clarence Thomas, right, and wife Virginia “Ginni ... Jennifer Mascott, who worked for Thomas as a law clerk. But ...
[### Professor Jennifer L. Mascott - GW Law
GW Law
https://www.law.gwu.edu › jennifer-l-mascott](https://www.law.gwu.edu/jennifer-l-mascott)
Jennifer Mascott served as a law clerk to Supreme Court Justice Clarence Thomas and to Judge Brett M. Kavanaugh of the US Court of Appeals for the DC Circuit.
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[### Jennifer Mascott, Former Clerk for Hon. Clarence Thomas ...
George Mason University
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Jennifer Mascott, Former Clerk for Hon. Clarence Thomas, Describes His Approach as a Supreme Court Justice. In the News.
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