The Federalist Society

Hon. Rachel Brand

Vice President & Chief Counsel for Regulatory Litigation, National Chamber Litigation Center, U.S. Chamber of Commerce

Rachel L. Brand is vice president and chief counsel for regulatory litigation at the National Chamber Litigation Center (NCLC), the litigation arm of the U.S. Chamber of Commerce. Brand has a wealth of government and private sector experience, with particular expertise on regulatory issues. The Washingtonianmagazine named Brand  among the Top 40 Lawyers Under 40, and The New York Times described her as a  “rising star” in the legal community.

Before joining the Chamber, Brand practiced law with the international law firm WilmerHale, where she focused on strategic public policy counseling, crisis management, and congressional investigations.

She also has extensive government experience, having served 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 Bush in 2005. In this  capacity, Brand was the chief policy adviser to the Attorney General and also  served as the Department’s regulatory policy officer, overseeing a team of lawyers  responsible for reviewing and approving regulations issued by the Department  of Justice. In addition, she prepared Chief Justice John G. Roberts and Associate  Justice Samuel Alito for their Senate confirmation hearings.  

Earlier in her career, Brand served in the Office of Counsel to the President at the White House, where she advised White House staff on a wide range of legal and constitutional issues and played a key role in high-profile legal issues arising from  federal agencies and departments.

During the 2002 Term of the United States Supreme Court, Brand served as a law clerk to Associate Justice Anthony M. Kennedy. She also clerked for Justice Charles Fried of the Supreme Judicial Court of Massachusetts.

Prior to her government service, Brand practiced law with the firm Cooper, Carvin, and Rosenthal in Washington, D.C. She graduated cum laude from  Harvard Law School, where she served as deputy editor-in-chief of the Harvard Journal of Law and Public Policy, and with High Distinction and Honors from the University of Minnesota.

In addition to her work with NCLC, Brand is a member of the U.S. Privacy and Civil Liberties Oversight Board, an independent, bipartisan agency that provides oversight and advice to other federal agencies concerning the impact of the government’s counterterrorism activities on privacy and civil liberties. Brand was confirmed by the Senate and appointed by President Obama in 2012. She is also chairman of the Federalist Society’s Litigation Practice Group.


Education

  • 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

Publications

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 7, 2010
Reauthorization of the USA PATRIOT Act
New Federal Initiatives Project
January 20, 2010
Reporters' Shield - Event Audio/Video
Free Speech & Election Law Practice Group
April 29, 2008

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