Hon. Rachel Brand

Chairman, Litigation Practice Group
Rachel Brand

Rachel Brand has served as a Member of the Privacy and Civil Liberties Oversight Board since 2012. Her prior government experience includes serving as the Assistant Attorney General for Legal Policy at the U.S. Department of Justice after being confirmed by the Senate and appointed by President George W. Bush. In that capacity, Ms. Brand served as chief policy adviser to the Attorney General, handling a broad range of national security, law enforcement, and civil justice issues. She also oversaw the development of all regulations promulgated by the Department of Justice and managed the Department's role in selecting federal judges, including running the confirmation hearing preparation for Chief Justice John G. Roberts and Associate Justice Samuel Alito. Earlier, Ms. Brand served as Associate Counsel to President George W. Bush at the White House. She was a law clerk to Justice Anthony Kennedy of the Supreme Court of the United States and to Justice Charles Fried of the Supreme Judicial Court of Massachusetts. In addition to her government service, Ms. Brand was the Vice President and Chief Counsel for Regulatory Litigation at the U.S. Chamber Litigation Center and practiced law with two firms in Washington, D.C. She has taught as an adjunct professor at George Washington University Law School. She is a member of the Board of Directors of Doorways for Women and Families, the Chairman of the Federalist Society’s Litigation Practice Group, and Co-chair of the American Bar Association’s Government Information and Right to Privacy Committee. Ms. Brand graduated from Harvard Law School, where she served as deputy editor-in-chief of the Harvard Journal of Law and Public Policy, and earned a B.A. from the University of Minnesota-Morris.

Ms. Brand's current term ends on January 29, 2017.

  • JD, cum laude, Harvard Law School, 1998
    Deputy Editor-in-Chief, Harvard Journal of Law and Public Policy
  • BA, Political Science, with High Distinction and Honors, University of Minnesota-Morris, 1995

The Federalist Society takes no position on particular legal or public policy issues. The people listed as Experts have spoken or otherwise participated in Federalist Society events, publications, or multimedia presentations. A person's appearance on this list does not imply any other endorsement or relationship between the person and the Federalist Society. All expressions of opinion by an expert are those of the expert.

Publications and Multimedia
Regulatory Theory: Preemptive Rule-making vs. Common Law Redress - Event Audio/Video
Fourth Annual Executive Branch Review Conference
May 20, 2016
Ten Years of the Roberts Court - Event Audio/Video
2015 National Lawyers Convention
November 16, 2015
Time to Revisit Chevron Deference? - Event Video
2014 National Lawyers Convention
November 17, 2014
IS It Legal? Legal Authority for the Campaign Against the Islamic State - Event Audio/Video
DC Young Lawyers Chapter and The Alexander Hamilton Society
October 24, 2014
Surveillance, National Security, and Privacy: The PCLOB Report on Section 702 Surveillance - Podcast
International & National Security Law Practice Group Podcast
August 14, 2014
Balancing Privacy and Security - Event Audio/Video
2014 Annual Student Symposium
March 25, 2014
The New Age of Litigation Financing - Event Audio/Video
2013 National Lawyers Convention
November 20, 2013
The Limits of Recess Appointment Authority - Podcast
Federalism & Separation of Powers, Financial Services & E-Commerce, Labor & Employment Law, and Litigation Practice Groups Podcast
April 12, 2013
Supreme Court Preview: What Is in Store for October Term 2010? - Event Audio/Video
Washington, DC - Event Audio/Video
September 29, 2010
United States Supreme Court: Nomination and Confirmation Process - Podcast
Federalism & Separation of Powers Practice Group
May 07, 2010
Reauthorization of the USA PATRIOT Act
New Federal Initiatives Project
January 20, 2010
Confirmation Battles and Presidential Nominations - Event Audio
2009 Annual Student Symposium
February 28, 2009
Reporters' Shield - Event Audio/Video
Free Speech & Election Law Practice Group
April 29, 2008