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.
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.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
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.
Attorney, Competitive Enterprise Institute
Devin Watkins is an attorney at the Competitive Enterprise Institute. Devin Watkins previously worked at the Cato Institute as a legal associate and interned at the Institute for Justice. At the Cato Institute, Watkins worked on a variety of Supreme Court cases, and one of the briefs he worked on was cited by the Court. His op-eds have appeared in National Review Online, The Hill, Time, and The Federalist among others.
Watkins holds a Juris Doctor cum laude from George Mason University's Antonin Scalia Law School, where he was the development editor on the Mason Law Review. Prior to his legal career Watkins was a senior software developer at Intel and WebMD. He graduated with a Bachelor of Science in Computer Science from Stevens Institute of Technology in Hoboken, New Jersey.
Watkins is a member of the Virginia State Bar, the District of Columbia Bar, the U.S. District Court for the District of Columbia Bar, and the U.S. Court of Appeals for the District of Columbia Circuit Bar.
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.
United States Court of Appeals, Seventh Circuit
David Frank Hamilton is a United States federal judge, currently serving on the United States Court of Appeals for the Seventh Circuit. He previously was the Chief Judge of the United States District Court for the Southern District of Indiana.
Judge, United States Court of Appeals, Seventh Circuit
Judge Sykes was nominated to the Seventh Circuit by President George W. Bush and confirmed by the Senate in 2004. Prior to her appointment to the federal bench, Judge Sykes served as a justice on the Wisconsin Supreme Court. Governor Tommy G. Thompson appointed her in September 1999 to fill a mid-term vacancy on the state supreme court, and she was elected to a full ten-year term in April 2000. From 1992-1999, Judge Sykes served on the state trial bench in Milwaukee County (elected in 1992 and re-elected in 1998). From 1985-1992, Judge Sykes practiced law with the Milwaukee firm of Whyte & Hirschboeck, S.C., and from 1984-1985, was a law clerk to Federal Judge Terence T. Evans.
Born and raised in the Milwaukee area, Judge Sykes earned a bachelor’s degree in journalism from Northwestern University in 1980 and a law degree from Marquette University Law School in 1984. Between college and law school, Judge Sykes worked as a reporter for The Milwaukee Journal.
Judge Sykes has two sons.
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.
United States Court of Appeals, Seventh Circuit
David Frank Hamilton is a United States federal judge, currently serving on the United States Court of Appeals for the Seventh Circuit. He previously was the Chief Judge of the United States District Court for the Southern District of Indiana.
Judge, United States Court of Appeals, Seventh Circuit
Judge Sykes was nominated to the Seventh Circuit by President George W. Bush and confirmed by the Senate in 2004. Prior to her appointment to the federal bench, Judge Sykes served as a justice on the Wisconsin Supreme Court. Governor Tommy G. Thompson appointed her in September 1999 to fill a mid-term vacancy on the state supreme court, and she was elected to a full ten-year term in April 2000. From 1992-1999, Judge Sykes served on the state trial bench in Milwaukee County (elected in 1992 and re-elected in 1998). From 1985-1992, Judge Sykes practiced law with the Milwaukee firm of Whyte & Hirschboeck, S.C., and from 1984-1985, was a law clerk to Federal Judge Terence T. Evans.
Born and raised in the Milwaukee area, Judge Sykes earned a bachelor’s degree in journalism from Northwestern University in 1980 and a law degree from Marquette University Law School in 1984. Between college and law school, Judge Sykes worked as a reporter for The Milwaukee Journal.
Judge Sykes has two sons.
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.
Distinguished Professor and Lawrence A. Jegen III Professor, Indiana University Robert H. McKinney School of Law
Gerard N. Magliocca is a Distinguished Professor and the Lawrence A. Jegen III Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of five books on constitutional law. His next book will be about Justice Robert Jackson’s landmark concurring opinion in Youngstown Sheet and Tube Company v. Sawyer. His biography of Justice Bushrod Washington won the Erwin N. Griswold Prize from the Supreme Court Historical Society.
Professor Magliocca received his undergraduate degree from Stanford and his law degree from Yale. He joined the faculty in 2001 after two years as an attorney and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. In 2008, Professor Magliocca held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was a Fellow at the Washington Library at Mount Vernon from 2019-2021.
Partner, Faegre Drinker Biddle & Reath LLP
Brian J. Paul is an appellate lawyer and leads law teams in high-stakes commercial litigation. He has briefed and argued everything from weighty abstract constitutional issues to dollars-and-cents business issues and everything in-between, both on appeal and in trial courts around the country. A member of the American Law Institute, recent past-president of the Seventh Circuit Bar Association and top-tier ranked Chambers appellate lawyer, Brian had one client say about him: “Brian is one of the most respected and skilled appellate lawyers, not only in Indianapolis but across the country. He is trusted to deliver timely guidance on complex issues.” Another said: “He is excellent. I enjoyed working with him. He is able to put things into layman’s terms and explains things really well. His written and oral advocacy are short, crisp and to the point.”
Clients hire Brian to digest the complex, and make the complex simple and compelling for busy, generalist judges. In his writing, he strives to cut through jargon and legalese, and distill things down to what’s important. In his oral advocacy, by intense preparation, he strives to be the advocate whom judges trust for the right answers. In the dozens of cases he has argued, Brian has helped clients win on both sides of the “v.” His recent representations include:
Panel I: Recent Developments on Parental Rights
Luke Berg, Thomas M. Fisher, Emilie Kao, Matthew W. McFarland
Anxiety regarding parental rights in American healthcare and education is at an all time high. ...
Panel I: Recent Developments on Parental Rights
Luke Berg, Thomas M. Fisher, Emilie Kao, Matthew W. McFarland
Anxiety regarding parental rights in American healthcare and education is at an all time high. ...
Litigation Update: BP P.L.C. v. Mayor and City Council of Baltimore
Thomas M. Fisher, Karen Harned
In 2018, the City of Baltimore filed climate change litigation in state court against multiple...
Courthouse Steps: Supreme Court Overrules Nevada v. Hall Establishing Sister State Sovereign Immunity
Thomas M. Fisher, Devin Watkins
Federalism & Separation of Powers Practice Group
In Franchise Tax Board of California v. Hyatt, the Supreme Court has overturned a 40-year-old precedent in...
The Death of Jurisprudence?
Thomas M. Fisher, David Hamilton, Diane S. Sykes
Indianapolis Lawyers Chapter
The Indianapolis Lawyers Chapter hosted this discussion on Judge J. Harvie Wilkinson III's book, Cosmic...
The Death of Jurisprudence?
Thomas M. Fisher, David Hamilton, Diane S. Sykes
Indianapolis Lawyers Chapter
The Indianapolis Lawyers Chapter hosted this discussion on Judge J. Harvie Wilkinson III's book, Cosmic...
A Debate Over the Constitutionality of the Health Care Reform Act
Thomas M. Fisher, Gerard N. Magliocca, Brian J. Paul
Indianapolis Lawyers Chapter
On October 25, 2011, the Indianapolis Lawyers Chapter of the Federalist Society hosted a debate...