Histories of Presidential Power
Jennifer Mascott
Jennifer Mascott is an Assistant Professor of Law and Co-Executive Director of The C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School. Professor Mascott writes in the areas of administrative and constitutional law and the separation of powers. Her scholarship has been cited by the Supreme Court and has been published in the Stanford Law Review, the George Washington Law Review, the BYU Law Review, the George Mason Law Review, the Cato Supreme Court Review, and the online Loyola Journal of Regulatory Compliance. In addition, the Supreme Court Review published by the University of Chicago Press and the Harvard Journal of Law and Public Policy have accepted her current projects for publication. The well-known Legal Theory Blog has reviewed her work as “path breaking,” and she is a permanent commentator at the Yale Journal of Regulation’s Notice and Comment blog.
Professor Mascott serves as a Public Member of the Administrative Conference of the United States and as a Vice Chair of the Constitutional Law and Separation of Powers Committee within the ABA’s Section of Administrative Law and Regulatory Practice. She has testified in the U.S. Senate on topics ranging from executive privilege to Supreme Court jurisdiction and in fall 2021, created a seminar on the “Separation of Powers in the Political Branches” and founded the Separation of Powers Clinic at the Scalia Law School. Professor Mascott routinely presents at academic conferences and symposia, including at past events affiliated with Yale, Stanford, Texas, UVA, Duke, and Georgetown law school organizations, the American Bar Association, the American Constitution Society, the Heritage Foundation, and the national arm of the Federalist Society. She has provided commentary on media outlets such as PBS, C-Span, CNN, MSNBC, CBSN, and Fox News and has been quoted or cited in the New York Times, the Wall Street Journal, the Associated Press, USA Today, and the National Law Journal, among other publications.
In 2019, Professor Mascott took a leave of absence 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. During government service, Professor Mascott assisted with aspects of Justice Amy Coney Barrett’s confirmation process and argued cases in federal appellate and trial courts.
Prior to her time in DOJ, Mascott served as Faculty Director of the Antonin Scalia Law School’s Supreme Court and Administrative Law clinics. She also served as an Olin/Searle Fellow in Law affiliated with Georgetown University Law Center and the George Washington University Law School and taught at GW Law as a Professorial Lecturer in Law, prior to joining the Scalia Law School faculty. 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 testified in the Senate Judiciary Committee in support of Justice Kavanaugh’s Supreme Court confirmation.
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. She received the John Bell Larner Award for the highest cumulative GPA in the graduating class, the Jennie Hassler Walburn Award for excellence in the area of civil procedure, and the Imogen Williford Constitutional Law Award. She also served as Senior Projects Editor of the George Washington Law Review, interned for Judge Richard J. Leon of the U.S. District Court for the District of Columbia, and worked as a summer associate at the law firm of Covington & Burling LLP. Before attending law school, Professor Mascott held various staff positions in the U.S. House of Representatives and the U.S. Senate, including that of Press Secretary for former Congressman Eric Cantor of Virginia and former Congresswoman Anne Northup of Kentucky.
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