VP and Senior Counsel, Becket Fund
Eric Baxter joined The Becket Fund as Senior Counsel in 2011. Since then he has represented religious organizations and individuals in a wide array of religious liberty disputes at both the trial and appellate level. Recent victories including a Ninth Circuit ruling upholding the “Big Mountain Jesus” statue that has stood on Forest Service land near Kalispell, Montana, for more than sixty years, and a rare Pentagon decision allowing a Sikh soldier to maintain his full beard and turban while serving in the Army. Mr. Baxter has extensive experience fighting efforts under state Blaine amendments to exclude religious organizations and individuals from participating on equal terms in the public square. He also regularly advises religious institutions of higher education in defending their religious missions against government encroachment.
Mr. Baxter has frequently appeared in the national media to discuss religious liberty issues, including appearances on Fox News (Kelly File, Fox & Friends), WSJ Live, CBS New York, Christian Broadcasting Network, Newsmax TV, and Al Jazeera. He has also written op-eds and been quoted in many major newspapers and other print media, including the New York Times, Washington Post, LA Times, Fox News, New York Post, Washington Times, and New Boston Post.
Before joining the Becket Fund, Mr. Baxter was a partner at Arent Fox LLP in Washington, DC, where he maintained a commercial complex litigation practice representing clients primarily in employment, intellectual property, and biotechnology disputes. He also served for many years as outside counsel to a DC church and its affiliated school. In 2007, he was awarded the Albert E. Arent Pro Bono Award for his work representing several parents adopting a total of seven children from foster care.
From 2000 to 2002, Mr. Baxter clerked for the Honorable Robert H. Cleland in the United States District Court for the Eastern District of Michigan (Detroit). Mr. Baxter received a B.A. in Russian Literature and Linguistics from Brigham Young University and graduated magna cum laude from the J. Reuben Clark Law School at BYU, where he served as Executive Editor of the Law Review and was elected to the Order of the Coif. Eric speaks Russian and some Spanish. He and his wife have seven children and an amateur family bluegrass band.
Mr. Baxter has been featured on the Kelly File, Al Jazeera, WSJ Video, and NewsmaxTV.
Senior Counsel, Vice President of Advocacy Strategy, Alliance Defending Freedom
Emilie Kao serves as senior counsel and vice president of advocacy strategy for Alliance Defending Freedom, where she is a member of the U.S. Legal Team. In this role, she supports ADF’s legal and legislative objectives through culture shaping initiatives.
Before joining ADF, Kao served as director of the DeVos Center for Religion and Civil Society at the Heritage Foundation. She led a team of experts who provided strategy, research, and policy recommendations on life, marriage, and religious freedom consistent with Constitutional principles. She convened coalitions of strategic partners to support the protection of religious freedom and launched the Promise to America’s Children, a movement dedicated to the protection of children and parental rights.
Kao also served as senior legal counsel at an international human rights law firm, East Asia team leader in the U.S. Department of State’s Office of International Human Rights, and director of international advocacy at the Becket Fund for Religious Liberty. She was an adjunct professor at Antonin Scalia Law School at George Mason University and is co-editor of the “First Principles on International Human Rights” essay series.
She has testified before the U.S. Congress and spoken at the United Nations in Geneva and New York. She has been interviewed and quoted extensively in the media, including The New York Times, The Washington Post, CNN, C-SPAN, and 60 Minutes+.
Kao earned her A.B. cum laude from Harvard University and her J.D. from Harvard Law School. She is a member of the state bars of California and the District of Columbia and is admitted to practice in the U.S. Supreme Court. She speaks Mandarin Chinese.
VP and Senior Counsel, Becket Fund
Eric Baxter joined The Becket Fund as Senior Counsel in 2011. Since then he has represented religious organizations and individuals in a wide array of religious liberty disputes at both the trial and appellate level. Recent victories including a Ninth Circuit ruling upholding the “Big Mountain Jesus” statue that has stood on Forest Service land near Kalispell, Montana, for more than sixty years, and a rare Pentagon decision allowing a Sikh soldier to maintain his full beard and turban while serving in the Army. Mr. Baxter has extensive experience fighting efforts under state Blaine amendments to exclude religious organizations and individuals from participating on equal terms in the public square. He also regularly advises religious institutions of higher education in defending their religious missions against government encroachment.
Mr. Baxter has frequently appeared in the national media to discuss religious liberty issues, including appearances on Fox News (Kelly File, Fox & Friends), WSJ Live, CBS New York, Christian Broadcasting Network, Newsmax TV, and Al Jazeera. He has also written op-eds and been quoted in many major newspapers and other print media, including the New York Times, Washington Post, LA Times, Fox News, New York Post, Washington Times, and New Boston Post.
Before joining the Becket Fund, Mr. Baxter was a partner at Arent Fox LLP in Washington, DC, where he maintained a commercial complex litigation practice representing clients primarily in employment, intellectual property, and biotechnology disputes. He also served for many years as outside counsel to a DC church and its affiliated school. In 2007, he was awarded the Albert E. Arent Pro Bono Award for his work representing several parents adopting a total of seven children from foster care.
From 2000 to 2002, Mr. Baxter clerked for the Honorable Robert H. Cleland in the United States District Court for the Eastern District of Michigan (Detroit). Mr. Baxter received a B.A. in Russian Literature and Linguistics from Brigham Young University and graduated magna cum laude from the J. Reuben Clark Law School at BYU, where he served as Executive Editor of the Law Review and was elected to the Order of the Coif. Eric speaks Russian and some Spanish. He and his wife have seven children and an amateur family bluegrass band.
Mr. Baxter has been featured on the Kelly File, Al Jazeera, WSJ Video, and NewsmaxTV.
Senior Counsel, Vice President of Advocacy Strategy, Alliance Defending Freedom
Emilie Kao serves as senior counsel and vice president of advocacy strategy for Alliance Defending Freedom, where she is a member of the U.S. Legal Team. In this role, she supports ADF’s legal and legislative objectives through culture shaping initiatives.
Before joining ADF, Kao served as director of the DeVos Center for Religion and Civil Society at the Heritage Foundation. She led a team of experts who provided strategy, research, and policy recommendations on life, marriage, and religious freedom consistent with Constitutional principles. She convened coalitions of strategic partners to support the protection of religious freedom and launched the Promise to America’s Children, a movement dedicated to the protection of children and parental rights.
Kao also served as senior legal counsel at an international human rights law firm, East Asia team leader in the U.S. Department of State’s Office of International Human Rights, and director of international advocacy at the Becket Fund for Religious Liberty. She was an adjunct professor at Antonin Scalia Law School at George Mason University and is co-editor of the “First Principles on International Human Rights” essay series.
She has testified before the U.S. Congress and spoken at the United Nations in Geneva and New York. She has been interviewed and quoted extensively in the media, including The New York Times, The Washington Post, CNN, C-SPAN, and 60 Minutes+.
Kao earned her A.B. cum laude from Harvard University and her J.D. from Harvard Law School. She is a member of the state bars of California and the District of Columbia and is admitted to practice in the U.S. Supreme Court. She speaks Mandarin Chinese.
Deputy Counsel, Wisconsin Institute for Law & Liberty
Luke joined WILL from the Wisconsin Department of Justice where he served for nearly four years as a Deputy Solicitor General and Assistant Attorney General.
Berg has argued nine cases before the Wisconsin Supreme Court and four before the Seventh Circuit, including one en banc argument. He graduated from the University of Wisconsin – Madison (B.S.) and New York University (J.D.) and served as a law clerk for Judge Diane Sykes of the United States Court of Appeals for the Seventh Circuit. Prior to joining the Wisconsin DOJ in 2015, Berg worked as an attorney for the Office of the Comptroller of Currency in Washington D.C.
Berg resides in Madison with his wife and three boys.
Vice President and Director of Litigation, EdChoice
Thomas M. Fisher served as a Deputy Attorney General for 22 years and as Indiana’s first Solicitor General from 2005-2023. In that role he handled high profile litigation for the State, defended state statutes against constitutional attack, advised the Attorney General on a range of legal policy issues, and managed the State’s U.S. Supreme Court docket. A two-time recipient of the National Association of Attorneys General Best Brief Award, Fisher has argued five times before the High Court.
His U.S. Supreme Court experience also includes authorship of dozens of cert-stage and merits-stage amicus curiae briefs on a wide range of issues. In addition, Fisher has argued dozens of important and high-profile cases before both the Indiana Supreme Court and the Seventh Circuit U.S. Court of Appeals. Fisher is a Fellow of the American Academy of Appellate Lawyers and was recently named a Sagamore of the Wabash by Governor Eric Holcomb.
A native Hoosier, Fisher is a graduate of Wabash College and Indiana University Maurer School of Law, where he serves as an Adjunct Professor of Law.
Senior Counsel, Vice President of Advocacy Strategy, Alliance Defending Freedom
Emilie Kao serves as senior counsel and vice president of advocacy strategy for Alliance Defending Freedom, where she is a member of the U.S. Legal Team. In this role, she supports ADF’s legal and legislative objectives through culture shaping initiatives.
Before joining ADF, Kao served as director of the DeVos Center for Religion and Civil Society at the Heritage Foundation. She led a team of experts who provided strategy, research, and policy recommendations on life, marriage, and religious freedom consistent with Constitutional principles. She convened coalitions of strategic partners to support the protection of religious freedom and launched the Promise to America’s Children, a movement dedicated to the protection of children and parental rights.
Kao also served as senior legal counsel at an international human rights law firm, East Asia team leader in the U.S. Department of State’s Office of International Human Rights, and director of international advocacy at the Becket Fund for Religious Liberty. She was an adjunct professor at Antonin Scalia Law School at George Mason University and is co-editor of the “First Principles on International Human Rights” essay series.
She has testified before the U.S. Congress and spoken at the United Nations in Geneva and New York. She has been interviewed and quoted extensively in the media, including The New York Times, The Washington Post, CNN, C-SPAN, and 60 Minutes+.
Kao earned her A.B. cum laude from Harvard University and her J.D. from Harvard Law School. She is a member of the state bars of California and the District of Columbia and is admitted to practice in the U.S. Supreme Court. She speaks Mandarin Chinese.
United States District Judge, Southern District of Ohio
Judge Matthew W. McFarland was born in Portsmouth, Scioto County, Ohio, and raised in Wheelersburg. He graduated from Wheelersburg High School in 1985, from Capital University in 1989 with a Bachelor of Arts degree in Political Science, and from the Capital University Law School in 1992, where he was inducted in the Order of the Barristers. He also served as a research assistant for Dean Rodney K. Smith. Judge McFarland first took the bench in 1999 as a Magistrate in the Scioto County Common Pleas Court. He was first elected to the Ohio Fourth District Court of Appeals in 2004 serving fourteen southeast Ohio counties. In 2010 and 2016 he was re-elected, and in 2016 by winning all fourteen counties. As an appellate judge, Judge McFarland authored over 1,000 opinions and made over 2,900 panel votes and served as the Presiding and Administrative Judge for multiple years. He has served as a visiting Judge on the Supreme Court of Ohio on four separate occasions allowing him to sit on each level of the Ohio Judiciary including the trial, appellate, and supreme court bench. The Ohio Chief Justice also appointed him to serve as a Commissioner on the Board of Grievances and Discipline and the Advisory Committee on Court Security and Emergency.
On October 10, 2018, President Donald J. Trump announced his intent to nominate Judge McFarland to a seat on the United States District Court for the Southern District of Ohio after being recommended by the Portman/Brown Bipartisan Federal Judicial Search Commission. The United States Senate received Judge McFarland’s nomination on November 13, 2018. At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned Judge McFarland’s nomination to President Trump. President Trump then re-nominated Judge McFarland on January 23, 2019. The Senate Judiciary Committee held Judge McFarland’s confirmation hearing on June 26, 2019, and favorably voted his nomination to the full United States Senate on July 18, 2019. The United States Senate then confirmed Judge McFarland on December 18, 2019, and President Trump signed Judge McFarland’s Commission on December 31, 2019. With Judge McFarland’s confirmation, he is now only the second federal judge to serve the Southern District of Ohio from Scioto County. The first being Judge Albert Thompson, who served from 1898-1910. Judge McFarland succeeded Judge Thomas M. Rose who took senior status on June 30, 2017.
Deputy Counsel, Wisconsin Institute for Law & Liberty
Luke joined WILL from the Wisconsin Department of Justice where he served for nearly four years as a Deputy Solicitor General and Assistant Attorney General.
Berg has argued nine cases before the Wisconsin Supreme Court and four before the Seventh Circuit, including one en banc argument. He graduated from the University of Wisconsin – Madison (B.S.) and New York University (J.D.) and served as a law clerk for Judge Diane Sykes of the United States Court of Appeals for the Seventh Circuit. Prior to joining the Wisconsin DOJ in 2015, Berg worked as an attorney for the Office of the Comptroller of Currency in Washington D.C.
Berg resides in Madison with his wife and three boys.
Vice President and Director of Litigation, EdChoice
Thomas M. Fisher served as a Deputy Attorney General for 22 years and as Indiana’s first Solicitor General from 2005-2023. In that role he handled high profile litigation for the State, defended state statutes against constitutional attack, advised the Attorney General on a range of legal policy issues, and managed the State’s U.S. Supreme Court docket. A two-time recipient of the National Association of Attorneys General Best Brief Award, Fisher has argued five times before the High Court.
His U.S. Supreme Court experience also includes authorship of dozens of cert-stage and merits-stage amicus curiae briefs on a wide range of issues. In addition, Fisher has argued dozens of important and high-profile cases before both the Indiana Supreme Court and the Seventh Circuit U.S. Court of Appeals. Fisher is a Fellow of the American Academy of Appellate Lawyers and was recently named a Sagamore of the Wabash by Governor Eric Holcomb.
A native Hoosier, Fisher is a graduate of Wabash College and Indiana University Maurer School of Law, where he serves as an Adjunct Professor of Law.
Senior Counsel, Vice President of Advocacy Strategy, Alliance Defending Freedom
Emilie Kao serves as senior counsel and vice president of advocacy strategy for Alliance Defending Freedom, where she is a member of the U.S. Legal Team. In this role, she supports ADF’s legal and legislative objectives through culture shaping initiatives.
Before joining ADF, Kao served as director of the DeVos Center for Religion and Civil Society at the Heritage Foundation. She led a team of experts who provided strategy, research, and policy recommendations on life, marriage, and religious freedom consistent with Constitutional principles. She convened coalitions of strategic partners to support the protection of religious freedom and launched the Promise to America’s Children, a movement dedicated to the protection of children and parental rights.
Kao also served as senior legal counsel at an international human rights law firm, East Asia team leader in the U.S. Department of State’s Office of International Human Rights, and director of international advocacy at the Becket Fund for Religious Liberty. She was an adjunct professor at Antonin Scalia Law School at George Mason University and is co-editor of the “First Principles on International Human Rights” essay series.
She has testified before the U.S. Congress and spoken at the United Nations in Geneva and New York. She has been interviewed and quoted extensively in the media, including The New York Times, The Washington Post, CNN, C-SPAN, and 60 Minutes+.
Kao earned her A.B. cum laude from Harvard University and her J.D. from Harvard Law School. She is a member of the state bars of California and the District of Columbia and is admitted to practice in the U.S. Supreme Court. She speaks Mandarin Chinese.
United States District Judge, Southern District of Ohio
Judge Matthew W. McFarland was born in Portsmouth, Scioto County, Ohio, and raised in Wheelersburg. He graduated from Wheelersburg High School in 1985, from Capital University in 1989 with a Bachelor of Arts degree in Political Science, and from the Capital University Law School in 1992, where he was inducted in the Order of the Barristers. He also served as a research assistant for Dean Rodney K. Smith. Judge McFarland first took the bench in 1999 as a Magistrate in the Scioto County Common Pleas Court. He was first elected to the Ohio Fourth District Court of Appeals in 2004 serving fourteen southeast Ohio counties. In 2010 and 2016 he was re-elected, and in 2016 by winning all fourteen counties. As an appellate judge, Judge McFarland authored over 1,000 opinions and made over 2,900 panel votes and served as the Presiding and Administrative Judge for multiple years. He has served as a visiting Judge on the Supreme Court of Ohio on four separate occasions allowing him to sit on each level of the Ohio Judiciary including the trial, appellate, and supreme court bench. The Ohio Chief Justice also appointed him to serve as a Commissioner on the Board of Grievances and Discipline and the Advisory Committee on Court Security and Emergency.
On October 10, 2018, President Donald J. Trump announced his intent to nominate Judge McFarland to a seat on the United States District Court for the Southern District of Ohio after being recommended by the Portman/Brown Bipartisan Federal Judicial Search Commission. The United States Senate received Judge McFarland’s nomination on November 13, 2018. At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned Judge McFarland’s nomination to President Trump. President Trump then re-nominated Judge McFarland on January 23, 2019. The Senate Judiciary Committee held Judge McFarland’s confirmation hearing on June 26, 2019, and favorably voted his nomination to the full United States Senate on July 18, 2019. The United States Senate then confirmed Judge McFarland on December 18, 2019, and President Trump signed Judge McFarland’s Commission on December 31, 2019. With Judge McFarland’s confirmation, he is now only the second federal judge to serve the Southern District of Ohio from Scioto County. The first being Judge Albert Thompson, who served from 1898-1910. Judge McFarland succeeded Judge Thomas M. Rose who took senior status on June 30, 2017.
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