James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
Senior Litigation Counsel, Washington Legal Foundation
Zac joined WLF in 2025 as Senior Litigation Counsel. In that role, he regularly represents WLF and other clients as counsel of record in cases before the U.S. Supreme Court and the federal appellate courts. Before arriving at WLF, Zac served as counsel to Commissioner Allen Dickerson of the Federal Election Commission. Zac also spent eight years litigating First Amendment cases as a staff attorney for the Institute for Free Speech, where he represented clients in federal and state cases across the country. He received his J.D. from George Mason University’s School of Law, where he participated in GMU’s Wiley Rein Supreme Court clinic.
Associate Professor of Law, Temple University Beasley School of Law
Jacob Schuman is an Associate Professor at Temple University Beasley School of Law, where he teaches Constitutional Law, Evidence, and the Law of the Police. His scholarship focuses on the law of community supervision and has been published or is forthcoming in the Stanford Law Review, New York University Law Review, Michigan Law Review, Virginia Law Review, American Criminal Law Review, Philadelphia Inquirer, and New Republic.
Professor Schuman’s scholarship is regularly cited by courts, scholars, journalists, and advocates, including by federal judges on the Second, Fourth, and Seventh Circuit U.S. Courts of Appeals. It has also won plaudits across the ideological spectrum, from the American Constitution Society to the Federalist Society. He has filed amicus briefs based on his work on behalf of clients such as the National Association of Federal Defenders and the National Association of Criminal Defense Lawyers.
Prior to joining Temple Law, Professor Schuman served in the appellate unit of the Federal Community Defender Office in Philadelphia, where he represented indigent criminal defendants before the U.S. Court of Appeals for the Third Circuit. He also worked as a white-collar criminal defense lawyer in Washington, D.C. After graduating magna cum laude from Harvard Law School, he clerked for the Honorable Michael Boudin on the U.S. Court of Appeals for the First Circuit and the Honorable James Boasberg on the U.S. District Court for the District of Columbia.
Legal Counsel, Center for Free Speech, Alliance Defending Freedom
Logan Spena serves as legal counsel for the Center for Free Speech at Alliance Defending Freedom, where he works to defend free speech and combat global censorship and coercion.
Before joining ADF, Spena served as Deputy Policy Director in the Missouri governor’s office where he oversaw the state’s regulatory reform efforts and worked to approve legislation on many issues including education, foster care, and protecting the unborn.
Spena graduated from the University of Virginia School of Law in 2016, where he served on the Editorial Board of the Virginia Law Review. Spena earned his B.A. in Government: Political Theory from Patrick Henry College in 2012. Spena is a member of the bars of Virginia and Missouri.
Director of Clinical and Experiential Learning, Clinical Professor of Law & Director of the Criminal and Juvenile Justice Clinic, University of Chicago Law School
Erica Zunkel is a Clinical Professor of Law and directs the Criminal and Juvenile Justice Clinic. Under Professor Zunkel’s supervision, law students represent indigent individuals in criminal trial courts, on appeal, and in post-conviction proceedings, and pursue policy and impact projects to effect system change. Professor Zunkel’s Excessive Sentences Project is an initiative that aims to free prisoners serving lengthy sentences through the use of second look mechanisms such as compassionate release, parole, and clemency. Zunkel and her clinic students have secured the early release of 17 individuals, resulting in hundreds of years in prison saved for their clients. In recognition of her post-conviction work, Zunkel received the 2024 Excellence in Pro Bono Service Award from the United States Northern District of Illinois District Court and the Federal Bar Association.
Zunkel’s case and research interests include post-conviction remedies for excessive sentences in the federal and state systems, mandatory minimums, and sentencing. In 2022, Illinois Governor J.B. Pritzker appointed Professor Zunkel to be a Commissioner on the Illinois Torture Inquiry and Relief Commission, which examines claims of police torture.
Before coming to the Law School in 2012, Professor Zunkel was a federal public defender in San Diego, California and a law clerk for U.S. District Court Judge Martha Vázquez in Santa Fe, New Mexico. She received her B.A. from Cornell University and her J.D. from the University of California-Berkeley School of Law.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
Senior Litigation Counsel, Washington Legal Foundation
Zac joined WLF in 2025 as Senior Litigation Counsel. In that role, he regularly represents WLF and other clients as counsel of record in cases before the U.S. Supreme Court and the federal appellate courts. Before arriving at WLF, Zac served as counsel to Commissioner Allen Dickerson of the Federal Election Commission. Zac also spent eight years litigating First Amendment cases as a staff attorney for the Institute for Free Speech, where he represented clients in federal and state cases across the country. He received his J.D. from George Mason University’s School of Law, where he participated in GMU’s Wiley Rein Supreme Court clinic.
Associate Professor of Law, Temple University Beasley School of Law
Jacob Schuman is an Associate Professor at Temple University Beasley School of Law, where he teaches Constitutional Law, Evidence, and the Law of the Police. His scholarship focuses on the law of community supervision and has been published or is forthcoming in the Stanford Law Review, New York University Law Review, Michigan Law Review, Virginia Law Review, American Criminal Law Review, Philadelphia Inquirer, and New Republic.
Professor Schuman’s scholarship is regularly cited by courts, scholars, journalists, and advocates, including by federal judges on the Second, Fourth, and Seventh Circuit U.S. Courts of Appeals. It has also won plaudits across the ideological spectrum, from the American Constitution Society to the Federalist Society. He has filed amicus briefs based on his work on behalf of clients such as the National Association of Federal Defenders and the National Association of Criminal Defense Lawyers.
Prior to joining Temple Law, Professor Schuman served in the appellate unit of the Federal Community Defender Office in Philadelphia, where he represented indigent criminal defendants before the U.S. Court of Appeals for the Third Circuit. He also worked as a white-collar criminal defense lawyer in Washington, D.C. After graduating magna cum laude from Harvard Law School, he clerked for the Honorable Michael Boudin on the U.S. Court of Appeals for the First Circuit and the Honorable James Boasberg on the U.S. District Court for the District of Columbia.
Legal Counsel, Center for Free Speech, Alliance Defending Freedom
Logan Spena serves as legal counsel for the Center for Free Speech at Alliance Defending Freedom, where he works to defend free speech and combat global censorship and coercion.
Before joining ADF, Spena served as Deputy Policy Director in the Missouri governor’s office where he oversaw the state’s regulatory reform efforts and worked to approve legislation on many issues including education, foster care, and protecting the unborn.
Spena graduated from the University of Virginia School of Law in 2016, where he served on the Editorial Board of the Virginia Law Review. Spena earned his B.A. in Government: Political Theory from Patrick Henry College in 2012. Spena is a member of the bars of Virginia and Missouri.
Director of Clinical and Experiential Learning, Clinical Professor of Law & Director of the Criminal and Juvenile Justice Clinic, University of Chicago Law School
Erica Zunkel is a Clinical Professor of Law and directs the Criminal and Juvenile Justice Clinic. Under Professor Zunkel’s supervision, law students represent indigent individuals in criminal trial courts, on appeal, and in post-conviction proceedings, and pursue policy and impact projects to effect system change. Professor Zunkel’s Excessive Sentences Project is an initiative that aims to free prisoners serving lengthy sentences through the use of second look mechanisms such as compassionate release, parole, and clemency. Zunkel and her clinic students have secured the early release of 17 individuals, resulting in hundreds of years in prison saved for their clients. In recognition of her post-conviction work, Zunkel received the 2024 Excellence in Pro Bono Service Award from the United States Northern District of Illinois District Court and the Federal Bar Association.
Zunkel’s case and research interests include post-conviction remedies for excessive sentences in the federal and state systems, mandatory minimums, and sentencing. In 2022, Illinois Governor J.B. Pritzker appointed Professor Zunkel to be a Commissioner on the Illinois Torture Inquiry and Relief Commission, which examines claims of police torture.
Before coming to the Law School in 2012, Professor Zunkel was a federal public defender in San Diego, California and a law clerk for U.S. District Court Judge Martha Vázquez in Santa Fe, New Mexico. She received her B.A. from Cornell University and her J.D. from the University of California-Berkeley School of Law.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
William S. Boyd Professor of Law, University of Nevada, Las Vegas, William S. Boyd School of Law
Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las Vegas, William S. Boyd School of Law. Professor Griffin, who teaches constitutional law, is known for her interdisciplinary work in law and religion. She holds a Ph.D. in Religious Studies from Yale University and a J.D. from Stanford Law School. She is author of the Foundation Press casebook Law and Religion: Cases and Materials (5th edition, 2022) with Andrew L. Seidel. Practicing Bioethics Law (2d ed. 2021) is co-authored with Joan H. Krause, Dan K. Moore Distinguished Professor of Law at the University of North Carolina School of Law. She and University of Pennsylvania Professor Marci Hamilton published Learning Constitutional Law (Cognella Press, 2023).
She wrote the recent book chapter, Bambi Trauma—Surviving TBI Twice, in Traumatic Brain Injury—Challenges (Dr. Ioannis Mavroudis & Alin Ciobica, eds., IntechOpen, 2024), https://www.intechopen.com/online-first/1179800#. And Catholic Sexual Abuse in Louisiana is in the University of Detroit Mercy Law Review, volume 101, p. 375 (2024).
Another article is What Did Those Sixteen Justices Say?, 58 Willamette L. Rev. 163 (2022). A book chapter entitled Rewritten Opinion, Means v. United States Conference of Catholic Bishops, is in the book Feminist Judgments: Rewritten Health Law Opinions (S. Mohapatra & L. Wiley, eds., Cambridge University Press, 2022). Other recent articles include What is Ethical Discharge?, 10:3 Narrative Inquiry in Bioethics 193 (2020); What Can We Expect of Law and Religion in 2020?, 79 SMU L. Rev. F. 73 (2020); Traumatic Brain Injury: Compassionate Care, Not Clinical Nihilism, 6:2 Journal of Hospital Ethics 87 (Fall 2019) (with Carole S. Anhalt); Conquering Brain Injury, 34:5 Journal of Head Trauma Rehabilitation 366 (2019), Religious Freedom, Human Rights, and Peaceful Coexistence, 50 Loyola University Chicago Law Journal 77 (2018), Pre-or Post Mortem?, 18 Nevada Law Journal 221 (2017). Her rewritten opinion about the abortion funding case, Harris v. McRae, 448 U.S. 297 (1980), is in Feminist Judgments: Rewritten Opinions of the United States Supreme Court (L. Berger, B. Crawford & K. Stanchi, eds., Cambridge University Press, 2016).
Griffin has written numerous amicus briefs defending children's and employees' religious freedom. She blogs for Justia's Verdict column, and posts occasionally on Petrie-Flom’s health law blog.
Other writings include Marriage Rights and Religious Exemptions in the United States, Oxford Handbooks Online (2017), Beyond the Basketball Court: How Brittney Griner’s In My Skin Illustrates Title IX’s Failure to Protect LGBT Athletes at Religious Institutions, 34 Law and Inequality 489 (2016), A Word of Warning from A Woman: Arbitrary, Categorical, and Hidden Religious Exemptions Threaten LGBT Rights, 7 Ala. C.R. & C.L.L. Rev. 97 (2015), and The Catholic Bishops vs. the Contraceptive Mandate, Religions 2015, 6, 1411–1432.
Associate Vice President & Associate Legal Director, Americans United for Separation of Church and State
Alex Luchenitser is the Associate Vice President & Associate Legal Director at Americans United for Separation of Church and State.
Alex has litigated church-state cases throughout the country for Americans United since January 2001. He has led lawsuits challenging religious proselytization of students in public schools, public funding of religious institutions, discriminatory governmental prayer practices, and government-sponsored religious displays. His successful cases include:
Alex has also authored and edited numerous friend-of-the-court briefs filed on behalf of Americans United. After the Covid-19 pandemic began, Alex led Americans United’s efforts to fight lawsuits that sought religious exemptions from public-health orders, filing fifty friend-of-the-court briefs in such cases around the country, including six in the U.S. Supreme Court.
Alex was born in Kyiv, Ukraine, in 1969 and immigrated to the United States in 1977. He received his bachelor’s degree magna cum laude in government and economics from Harvard University in 1991, and he received his Juris Doctor with distinction from Stanford Law School in 1994. After finishing law school, Alex served two one-year judicial clerkships, with Justice Warren W. Matthews Jr. of the Alaska Supreme Court and U.S. Magistrate Judge Wayne D. Brazil of the U.S. District Court for the Northern District of California. Alex then spent four years in private practice in Northern California, participating in the prosecution of class actions on behalf of investors, consumers, and trust beneficiaries.
Alex has spoken about church-state issues in many television and radio appearances and public presentations and has been quoted in numerous major newspapers. His published articles include:
Alex is an active member of the District of Columbia Bar, is an inactive member of the State Bar of California, and has been admitted to practice before the U.S. Supreme Court; the U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Federal, and District of Columbia Circuits; and the U.S. District Courts for the District of Columbia, the Northern District of California, the District of Colorado, the Eastern District of Michigan, and the Eastern District of Wisconsin.
Associate Attorney, Gibson, Dunn & Crutcher LLP
Branton Nestor is an associate in the Orange County office of Gibson Dunn. He practices in the firm’s Litigation Department and is a member of the firm’s Appellate and Constitutional Law Practice Group.
Branton has represented clients in appellate, regulatory, and complex litigation matters across various industries. His experience spans a wide range of subject matters, including constitutional law and administrative law.
He clerked for Judge Diarmuid F. O’Scannlain on the U.S. Court of Appeals for the Ninth Circuit, and Judge Julius N. Richardson on the U.S. Court of Appeals for the Fourth Circuit. He graduated from Harvard Law School in 2019, and Westmont College in 2016. His scholarship has been cited at the U.S. Supreme Court.
Branton is a member of the California bar.
Counsel, Becket Fund for Religious Liberty
Amanda Salz is counsel at the Becket Fund for Religious Liberty, where her practice focuses on First Amendment litigation at both the trial and appellate levels. She is also a member of the Federalist Society’s Religious Liberties Executive Committee.
Before joining Becket, Amanda worked as an associate at Morgan, Lewis & Bockius LLP. As a member of the firm’s appellate group, Amanda litigated many cases involving constitutional and administrative issues. In addition to her experience in private practice, Amanda clerked for the Honorable Andrew S. Oldham of the U.S. Court of Appeals for the Fifth Circuit and the Honorable Reed C. O’Connor of the U.S. District Court for the Northern District of Texas.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
William S. Boyd Professor of Law, University of Nevada, Las Vegas, William S. Boyd School of Law
Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las Vegas, William S. Boyd School of Law. Professor Griffin, who teaches constitutional law, is known for her interdisciplinary work in law and religion. She holds a Ph.D. in Religious Studies from Yale University and a J.D. from Stanford Law School. She is author of the Foundation Press casebook Law and Religion: Cases and Materials (5th edition, 2022) with Andrew L. Seidel. Practicing Bioethics Law (2d ed. 2021) is co-authored with Joan H. Krause, Dan K. Moore Distinguished Professor of Law at the University of North Carolina School of Law. She and University of Pennsylvania Professor Marci Hamilton published Learning Constitutional Law (Cognella Press, 2023).
She wrote the recent book chapter, Bambi Trauma—Surviving TBI Twice, in Traumatic Brain Injury—Challenges (Dr. Ioannis Mavroudis & Alin Ciobica, eds., IntechOpen, 2024), https://www.intechopen.com/online-first/1179800#. And Catholic Sexual Abuse in Louisiana is in the University of Detroit Mercy Law Review, volume 101, p. 375 (2024).
Another article is What Did Those Sixteen Justices Say?, 58 Willamette L. Rev. 163 (2022). A book chapter entitled Rewritten Opinion, Means v. United States Conference of Catholic Bishops, is in the book Feminist Judgments: Rewritten Health Law Opinions (S. Mohapatra & L. Wiley, eds., Cambridge University Press, 2022). Other recent articles include What is Ethical Discharge?, 10:3 Narrative Inquiry in Bioethics 193 (2020); What Can We Expect of Law and Religion in 2020?, 79 SMU L. Rev. F. 73 (2020); Traumatic Brain Injury: Compassionate Care, Not Clinical Nihilism, 6:2 Journal of Hospital Ethics 87 (Fall 2019) (with Carole S. Anhalt); Conquering Brain Injury, 34:5 Journal of Head Trauma Rehabilitation 366 (2019), Religious Freedom, Human Rights, and Peaceful Coexistence, 50 Loyola University Chicago Law Journal 77 (2018), Pre-or Post Mortem?, 18 Nevada Law Journal 221 (2017). Her rewritten opinion about the abortion funding case, Harris v. McRae, 448 U.S. 297 (1980), is in Feminist Judgments: Rewritten Opinions of the United States Supreme Court (L. Berger, B. Crawford & K. Stanchi, eds., Cambridge University Press, 2016).
Griffin has written numerous amicus briefs defending children's and employees' religious freedom. She blogs for Justia's Verdict column, and posts occasionally on Petrie-Flom’s health law blog.
Other writings include Marriage Rights and Religious Exemptions in the United States, Oxford Handbooks Online (2017), Beyond the Basketball Court: How Brittney Griner’s In My Skin Illustrates Title IX’s Failure to Protect LGBT Athletes at Religious Institutions, 34 Law and Inequality 489 (2016), A Word of Warning from A Woman: Arbitrary, Categorical, and Hidden Religious Exemptions Threaten LGBT Rights, 7 Ala. C.R. & C.L.L. Rev. 97 (2015), and The Catholic Bishops vs. the Contraceptive Mandate, Religions 2015, 6, 1411–1432.
Associate Vice President & Associate Legal Director, Americans United for Separation of Church and State
Alex Luchenitser is the Associate Vice President & Associate Legal Director at Americans United for Separation of Church and State.
Alex has litigated church-state cases throughout the country for Americans United since January 2001. He has led lawsuits challenging religious proselytization of students in public schools, public funding of religious institutions, discriminatory governmental prayer practices, and government-sponsored religious displays. His successful cases include:
Alex has also authored and edited numerous friend-of-the-court briefs filed on behalf of Americans United. After the Covid-19 pandemic began, Alex led Americans United’s efforts to fight lawsuits that sought religious exemptions from public-health orders, filing fifty friend-of-the-court briefs in such cases around the country, including six in the U.S. Supreme Court.
Alex was born in Kyiv, Ukraine, in 1969 and immigrated to the United States in 1977. He received his bachelor’s degree magna cum laude in government and economics from Harvard University in 1991, and he received his Juris Doctor with distinction from Stanford Law School in 1994. After finishing law school, Alex served two one-year judicial clerkships, with Justice Warren W. Matthews Jr. of the Alaska Supreme Court and U.S. Magistrate Judge Wayne D. Brazil of the U.S. District Court for the Northern District of California. Alex then spent four years in private practice in Northern California, participating in the prosecution of class actions on behalf of investors, consumers, and trust beneficiaries.
Alex has spoken about church-state issues in many television and radio appearances and public presentations and has been quoted in numerous major newspapers. His published articles include:
Alex is an active member of the District of Columbia Bar, is an inactive member of the State Bar of California, and has been admitted to practice before the U.S. Supreme Court; the U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Federal, and District of Columbia Circuits; and the U.S. District Courts for the District of Columbia, the Northern District of California, the District of Colorado, the Eastern District of Michigan, and the Eastern District of Wisconsin.
Associate Attorney, Gibson, Dunn & Crutcher LLP
Branton Nestor is an associate in the Orange County office of Gibson Dunn. He practices in the firm’s Litigation Department and is a member of the firm’s Appellate and Constitutional Law Practice Group.
Branton has represented clients in appellate, regulatory, and complex litigation matters across various industries. His experience spans a wide range of subject matters, including constitutional law and administrative law.
He clerked for Judge Diarmuid F. O’Scannlain on the U.S. Court of Appeals for the Ninth Circuit, and Judge Julius N. Richardson on the U.S. Court of Appeals for the Fourth Circuit. He graduated from Harvard Law School in 2019, and Westmont College in 2016. His scholarship has been cited at the U.S. Supreme Court.
Branton is a member of the California bar.
Counsel, Becket Fund for Religious Liberty
Amanda Salz is counsel at the Becket Fund for Religious Liberty, where her practice focuses on First Amendment litigation at both the trial and appellate levels. She is also a member of the Federalist Society’s Religious Liberties Executive Committee.
Before joining Becket, Amanda worked as an associate at Morgan, Lewis & Bockius LLP. As a member of the firm’s appellate group, Amanda litigated many cases involving constitutional and administrative issues. In addition to her experience in private practice, Amanda clerked for the Honorable Andrew S. Oldham of the U.S. Court of Appeals for the Fifth Circuit and the Honorable Reed C. O’Connor of the U.S. District Court for the Northern District of Texas.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
Deputy General Counsel, First Liberty Institute
Justin Butterfield is Deputy General Counsel at First Liberty Institute, to which Justin returned after serving for two years as Senior Advisor for Conscience and Religious Freedom at the U.S. Department of Health and Human Services. In his role at HHS, Justin launched a new division of the HHS Office for Civil Rights under Roger Severino dedicated to protecting Americans’ rights of conscience and religious freedom in health care. Prior to his work at HHS, Justin had been with First Liberty Institute for over seven years, during which time he litigated numerous religious freedom cases and wrote several scholarly articles on religion and the law. Justin received his J.D. from Harvard Law School and his bachelor of science summa cum laude in Electrical Engineering from the University of Texas at El Paso, where Justin is originally from.
Judge, United States Court of Appeals, Fifth Circuit
James C. Ho is a Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit. Before taking the bench on January 4, 2018, he was a partner and co-chair of the national Appellate and Constitutional Law practice group of Gibson, Dunn & Crutcher LLP.
As an appellate litigator for over a decade, including three years as the Solicitor General of Texas, Judge Ho presented 50 oral arguments in federal and state courts nationwide. He won numerous appeals, including three merits cases at the U.S. Supreme Court. He was routinely ranked among the nation’s leading lawyers by Benchmark, Chambers, Law360, The Legal 500, and The National Law Journal, among other publications. His work has been cited favorably by courts at every level of both the federal and state judiciaries. He won a Best Brief Award from the National Association of Attorneys General for every year that he served as solicitor general, and he is the only state solicitor general in history to be invited by the U.S. Supreme Court to express the views of a state.
Judge Ho has served in all three branches of the federal government. On the Senate Judiciary Committee, he served as chief counsel of the Subcommittees on the Constitution and Immigration under Senator John Cornyn. At the Justice Department, he served as Special Assistant to the Assistant Attorney General for Civil Rights and an attorney-advisor at the Office of Legal Counsel. He clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and Justice Clarence Thomas of the U.S. Supreme Court.
His record of public service also includes appointments as vice chair of the Federal Judicial Evaluation Committee in Texas and co-chair of the National Asian Pacific American Bar Association Judiciary Committee, and as a member of the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas, the U.S. delegation to the United Nations Committee on the Elimination of Racial Discrimination, and the Continuity of Government Commission.
In addition, Judge Ho has served as an Adjunct Professor of Law at the University of Texas School of Law, where he taught seminars on U.S. Supreme Court Litigation and Religious Liberty. He has authored numerous articles in respected law reviews nationwide, including an annual feature on exemplary judicial writing for The Green Bag Almanac & Reader. He previously served as senior editor of The Green Bag and as co-editor of Pub. L. Misc.
Judge Ho graduated from Stanford University with honors and a B.A. in Public Policy in 1995, and the University of Chicago Law School with high honors in 1999. Before law school, he was a legislative aide to California State Senator Quentin Kopp. He and his wife Allyson live in Dallas, Texas, with their twin daughter and son.
Solicitor General, Missouri
D. John Sauer has served as the Solicitor General of Missouri since 2017. Before that, he served as a federal prosecutor for five years and spent time in civil practice at boutique law firms, including the firm he founded, the James Otis Law Group. Mr. Sauer has first-chaired many jury and bench trials, and served as lead counsel in many appeals. He has presented oral argument in the U.S. Supreme Court, the U.S. Court of Appeals for the Eighth Circuit, the Supreme Court of Missouri, and many other state and federal appellate courts. Mr. Sauer served as a law clerk to Justice Antonin Scalia of the U.S. Supreme Court and Judge J. Michael Luttig of the U.S. Court of Appeals for the Fourth Circuit. He was a Rhodes Scholar and a magna cum laude graduate of Harvard Law School.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
Deputy General Counsel, First Liberty Institute
Justin Butterfield is Deputy General Counsel at First Liberty Institute, to which Justin returned after serving for two years as Senior Advisor for Conscience and Religious Freedom at the U.S. Department of Health and Human Services. In his role at HHS, Justin launched a new division of the HHS Office for Civil Rights under Roger Severino dedicated to protecting Americans’ rights of conscience and religious freedom in health care. Prior to his work at HHS, Justin had been with First Liberty Institute for over seven years, during which time he litigated numerous religious freedom cases and wrote several scholarly articles on religion and the law. Justin received his J.D. from Harvard Law School and his bachelor of science summa cum laude in Electrical Engineering from the University of Texas at El Paso, where Justin is originally from.
Judge, United States Court of Appeals, Fifth Circuit
James C. Ho is a Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit. Before taking the bench on January 4, 2018, he was a partner and co-chair of the national Appellate and Constitutional Law practice group of Gibson, Dunn & Crutcher LLP.
As an appellate litigator for over a decade, including three years as the Solicitor General of Texas, Judge Ho presented 50 oral arguments in federal and state courts nationwide. He won numerous appeals, including three merits cases at the U.S. Supreme Court. He was routinely ranked among the nation’s leading lawyers by Benchmark, Chambers, Law360, The Legal 500, and The National Law Journal, among other publications. His work has been cited favorably by courts at every level of both the federal and state judiciaries. He won a Best Brief Award from the National Association of Attorneys General for every year that he served as solicitor general, and he is the only state solicitor general in history to be invited by the U.S. Supreme Court to express the views of a state.
Judge Ho has served in all three branches of the federal government. On the Senate Judiciary Committee, he served as chief counsel of the Subcommittees on the Constitution and Immigration under Senator John Cornyn. At the Justice Department, he served as Special Assistant to the Assistant Attorney General for Civil Rights and an attorney-advisor at the Office of Legal Counsel. He clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and Justice Clarence Thomas of the U.S. Supreme Court.
His record of public service also includes appointments as vice chair of the Federal Judicial Evaluation Committee in Texas and co-chair of the National Asian Pacific American Bar Association Judiciary Committee, and as a member of the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas, the U.S. delegation to the United Nations Committee on the Elimination of Racial Discrimination, and the Continuity of Government Commission.
In addition, Judge Ho has served as an Adjunct Professor of Law at the University of Texas School of Law, where he taught seminars on U.S. Supreme Court Litigation and Religious Liberty. He has authored numerous articles in respected law reviews nationwide, including an annual feature on exemplary judicial writing for The Green Bag Almanac & Reader. He previously served as senior editor of The Green Bag and as co-editor of Pub. L. Misc.
Judge Ho graduated from Stanford University with honors and a B.A. in Public Policy in 1995, and the University of Chicago Law School with high honors in 1999. Before law school, he was a legislative aide to California State Senator Quentin Kopp. He and his wife Allyson live in Dallas, Texas, with their twin daughter and son.
Solicitor General, Missouri
D. John Sauer has served as the Solicitor General of Missouri since 2017. Before that, he served as a federal prosecutor for five years and spent time in civil practice at boutique law firms, including the firm he founded, the James Otis Law Group. Mr. Sauer has first-chaired many jury and bench trials, and served as lead counsel in many appeals. He has presented oral argument in the U.S. Supreme Court, the U.S. Court of Appeals for the Eighth Circuit, the Supreme Court of Missouri, and many other state and federal appellate courts. Mr. Sauer served as a law clerk to Justice Antonin Scalia of the U.S. Supreme Court and Judge J. Michael Luttig of the U.S. Court of Appeals for the Fourth Circuit. He was a Rhodes Scholar and a magna cum laude graduate of Harvard Law School.
Sterling Professor of Law, Yale Law School
Akhil Reed Amar is Sterling Professor of Law and Political Science at Yale University, where he teaches constitutional law in both Yale College and Yale Law School. After graduating from Yale College, summa cum laude, in 1980 and from Yale Law School in 1984, and clerking for Judge (later Justice) Stephen Breyer, Amar joined the Yale faculty in 1985 at the age of 26. He is Yale’s only living professor to have won the University’s unofficial triple crown — the Sterling Chair for scholarship, the DeVane Medal for teaching, and the Lamar Award for alumni service.
Amar’s work has won awards from both the American Bar Association and the Federalist Society, and he has been cited by Supreme Court justices across the spectrum in more than 50 cases — tops among scholars under age 70. According to both Fred Shapiro’s landmark 2021 study of lifetime scholarly citations and Heinonline’s most recent tabulation of lifetime law-review citations, Amar is America’s second most-cited legal scholar still under age 70. He is a member of the American Academy of Arts and Sciences and has written widely for popular publications, including The New York Times, The Washington Post, The Wall Street Journal, Time, and The Atlantic. He was an informal consultant to the popular TV show The West Wing and his scholarship has been showcased on many broadcasts, including The Colbert Report, Morning Joe, AC360, Velshi, Fox News @ Night with Shannon Bream, Fareed Zakaria GPS, Erin Burnett Outfront, and Constitution USA with Peter Sagal.
He is the author of more than a hundred law review articles and several books, including The Bill of Rights (1998 — winner of the Yale University Press Governors’ Award), America’s Constitution (2005 — winner of the ABA’s Silver Gavel Award), America’s Unwritten Constitution (2012 — named one of the year’s 100 best nonfiction books by The Washington Post), and The Constitution Today (2016 — named one of the year’s top ten nonfiction books by Time magazine). The first volume of his ambitious trilogy on American constitutional history from the Founding to the present, The Words That Made Us: America’s Constitutional Conversation, 1760-1840, came out in May 2021. The second volume, Born Equal: Remaking America’s Constitution, 1840-1920, will be published in September 2025 and is already available for pre-order. All together, his nonfiction books have won two starred reviews from Publishers Weekly and three starred reviews from Kirkus—tops, it is believed, among legal scholars under age 70. Together with Vikram David Amar (YLS ’88), he has a bi-weekly column on the Supreme Court on the distinguished website SCOTUSblog. Along with Andy Lipka, he co-hosts a popular and free weekly podcast, Amarica’s Constitution, whose listeners are eligible for CLE credit in most American jurisdictions. A wide assortment of his articles and op-eds and video links to many of his public lectures and free online courses may be found at akhilamar.com.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina School of Law
William (Bill) Marshall joined the Carolina Law faculty in 2001 and serves as the William R. Kenan Jr. Distinguished Professor of Law. His teaching and research interests include the first amendment, presidential power, election law, federal jurisdiction, federal judicial selection, civil procedure, and media law. Marshall is the author of numerous book chapters, articles, and essays on free speech, separation of powers, the Establishment Clause, and the Free Exercise Clause. His work has appeared in the Harvard Law Review, the Yale Law Journal, the Supreme Court Review, and the University of Chicago Law Review, among others.
Marshall received his law degree from the University of Chicago and his undergraduate degree from the University of Pennsylvania. Marshall was Deputy Counsel to the President and Deputy Assistant to the President during the Clinton Administration and also served as the Solicitor General for the State of Ohio. He has taught at the Northwestern, Boston University, Vanderbilt, Ohio State, DePaul, Case Western Reserve, William and Mary, and the University Connecticut law schools. Prior to beginning his teaching career, Marshall was a Special Assistant Attorney General for the State of Minnesota.
Judge, United States Court of Appeals, Ninth Circuit
Lawrence VanDyke serves as a circuit judge on the U.S. Court of Appeals for the Ninth Circuit. Prior to that appointment in January 2020, he served as a Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice. Before that, he served consecutively as the Solicitor General of two western states – Nevada and Montana. At the beginning of his legal career, he worked as an attorney in the Appellate and Constitutional Issues practice group at Gibson Dunn & Crutcher, LLP.
Judge VanDyke received his law degree magna cum laude from Harvard Law School, where he was an editor on the Harvard Law Review. He has engineering and theology undergraduate degrees and a masters degree in engineering management. He served as a law clerk to the Honorable Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit. Judge VanDyke and his wife Cheryl live in Reno, Nevada, and they have three children.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Lori Windham is vice president and senior counsel at Becket, where she has represented clients on cutting-edge religious freedom issues since 2005. She has represented parties before the Supreme Court, arguing Becket’s unanimous victory on behalf of foster families in Fulton v. Philadelphia, as well as working with the Becket team on its Supreme Court victories in Hosanna-Tabor, Hobby Lobby, and Little Sisters of the Poor. She won a victory for the world’s largest religious media network in EWTN v. Azar, staving off millions of dollars in government fines under unlawful the HHS mandate. She has won more than a dozen victories in federal appellate courts, including successful defense of cities and school districts sued for accommodating religion, victories for houses of worship facing discrimination in the land use process, and overturning a multimillion-dollar judgment against a major evangelical ministry. She recently won a first-in-the-nation injunction for an adoption agency threatened with shutdown for its religious beliefs.
Recognized in Washington as an expert on religious freedom issues, Lori has testified in Congressional oversight hearings before the U.S. House of Representatives Judiciary Committee and before the U.S. Commission on Civil Rights. Outside Washington, Lori is sought-after speaker on First Amendment law, including appearances at Yale Law School, Harvard Law School, Stanford Law School, Georgetown University Law Center, Central European University, and many others.
In addition to these venues, Lori also defends her clients in the media, including television appearances on CBS This Morning, Hardball, CNN Tonight, On the Record, America’s Newsroom, Opinion Journal, and many others. Her work has been covered by the New York Times, Wall Street Journal, Washington Post, and dozens of other papers. She is also a regular guest on radio, with appearances on shows ranging from Sean Hannity to NPR.
Lori has successfully represented a wide array of clients, including a Santeria priest prohibited from making animal sacrifices, synagogues prohibited from building on their own land, and religious student organizations penalized for their religious speech. One of her most challenging cases involved travel to a remote farming community to ensure that members of the local Amish community were not jailed for using their traditional building methods.
Lori is a graduate of Harvard Law School and earned her B.A. summa cum laude at Abilene Christian University. She has served on the Board of Visitors of Abilene Christian University and received the ACU Young Alumnus of the Year award for her work at Becket. She sits on the board of Dominion Christian School and the visiting committee of the Fund for American Studies’ Summer Law Fellowship.
Sterling Professor of Law, Yale Law School
Akhil Reed Amar is Sterling Professor of Law and Political Science at Yale University, where he teaches constitutional law in both Yale College and Yale Law School. After graduating from Yale College, summa cum laude, in 1980 and from Yale Law School in 1984, and clerking for Judge (later Justice) Stephen Breyer, Amar joined the Yale faculty in 1985 at the age of 26. He is Yale’s only living professor to have won the University’s unofficial triple crown — the Sterling Chair for scholarship, the DeVane Medal for teaching, and the Lamar Award for alumni service.
Amar’s work has won awards from both the American Bar Association and the Federalist Society, and he has been cited by Supreme Court justices across the spectrum in more than 50 cases — tops among scholars under age 70. According to both Fred Shapiro’s landmark 2021 study of lifetime scholarly citations and Heinonline’s most recent tabulation of lifetime law-review citations, Amar is America’s second most-cited legal scholar still under age 70. He is a member of the American Academy of Arts and Sciences and has written widely for popular publications, including The New York Times, The Washington Post, The Wall Street Journal, Time, and The Atlantic. He was an informal consultant to the popular TV show The West Wing and his scholarship has been showcased on many broadcasts, including The Colbert Report, Morning Joe, AC360, Velshi, Fox News @ Night with Shannon Bream, Fareed Zakaria GPS, Erin Burnett Outfront, and Constitution USA with Peter Sagal.
He is the author of more than a hundred law review articles and several books, including The Bill of Rights (1998 — winner of the Yale University Press Governors’ Award), America’s Constitution (2005 — winner of the ABA’s Silver Gavel Award), America’s Unwritten Constitution (2012 — named one of the year’s 100 best nonfiction books by The Washington Post), and The Constitution Today (2016 — named one of the year’s top ten nonfiction books by Time magazine). The first volume of his ambitious trilogy on American constitutional history from the Founding to the present, The Words That Made Us: America’s Constitutional Conversation, 1760-1840, came out in May 2021. The second volume, Born Equal: Remaking America’s Constitution, 1840-1920, will be published in September 2025 and is already available for pre-order. All together, his nonfiction books have won two starred reviews from Publishers Weekly and three starred reviews from Kirkus—tops, it is believed, among legal scholars under age 70. Together with Vikram David Amar (YLS ’88), he has a bi-weekly column on the Supreme Court on the distinguished website SCOTUSblog. Along with Andy Lipka, he co-hosts a popular and free weekly podcast, Amarica’s Constitution, whose listeners are eligible for CLE credit in most American jurisdictions. A wide assortment of his articles and op-eds and video links to many of his public lectures and free online courses may be found at akhilamar.com.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina School of Law
William (Bill) Marshall joined the Carolina Law faculty in 2001 and serves as the William R. Kenan Jr. Distinguished Professor of Law. His teaching and research interests include the first amendment, presidential power, election law, federal jurisdiction, federal judicial selection, civil procedure, and media law. Marshall is the author of numerous book chapters, articles, and essays on free speech, separation of powers, the Establishment Clause, and the Free Exercise Clause. His work has appeared in the Harvard Law Review, the Yale Law Journal, the Supreme Court Review, and the University of Chicago Law Review, among others.
Marshall received his law degree from the University of Chicago and his undergraduate degree from the University of Pennsylvania. Marshall was Deputy Counsel to the President and Deputy Assistant to the President during the Clinton Administration and also served as the Solicitor General for the State of Ohio. He has taught at the Northwestern, Boston University, Vanderbilt, Ohio State, DePaul, Case Western Reserve, William and Mary, and the University Connecticut law schools. Prior to beginning his teaching career, Marshall was a Special Assistant Attorney General for the State of Minnesota.
Judge, United States Court of Appeals, Ninth Circuit
Lawrence VanDyke serves as a circuit judge on the U.S. Court of Appeals for the Ninth Circuit. Prior to that appointment in January 2020, he served as a Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice. Before that, he served consecutively as the Solicitor General of two western states – Nevada and Montana. At the beginning of his legal career, he worked as an attorney in the Appellate and Constitutional Issues practice group at Gibson Dunn & Crutcher, LLP.
Judge VanDyke received his law degree magna cum laude from Harvard Law School, where he was an editor on the Harvard Law Review. He has engineering and theology undergraduate degrees and a masters degree in engineering management. He served as a law clerk to the Honorable Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit. Judge VanDyke and his wife Cheryl live in Reno, Nevada, and they have three children.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Lori Windham is vice president and senior counsel at Becket, where she has represented clients on cutting-edge religious freedom issues since 2005. She has represented parties before the Supreme Court, arguing Becket’s unanimous victory on behalf of foster families in Fulton v. Philadelphia, as well as working with the Becket team on its Supreme Court victories in Hosanna-Tabor, Hobby Lobby, and Little Sisters of the Poor. She won a victory for the world’s largest religious media network in EWTN v. Azar, staving off millions of dollars in government fines under unlawful the HHS mandate. She has won more than a dozen victories in federal appellate courts, including successful defense of cities and school districts sued for accommodating religion, victories for houses of worship facing discrimination in the land use process, and overturning a multimillion-dollar judgment against a major evangelical ministry. She recently won a first-in-the-nation injunction for an adoption agency threatened with shutdown for its religious beliefs.
Recognized in Washington as an expert on religious freedom issues, Lori has testified in Congressional oversight hearings before the U.S. House of Representatives Judiciary Committee and before the U.S. Commission on Civil Rights. Outside Washington, Lori is sought-after speaker on First Amendment law, including appearances at Yale Law School, Harvard Law School, Stanford Law School, Georgetown University Law Center, Central European University, and many others.
In addition to these venues, Lori also defends her clients in the media, including television appearances on CBS This Morning, Hardball, CNN Tonight, On the Record, America’s Newsroom, Opinion Journal, and many others. Her work has been covered by the New York Times, Wall Street Journal, Washington Post, and dozens of other papers. She is also a regular guest on radio, with appearances on shows ranging from Sean Hannity to NPR.
Lori has successfully represented a wide array of clients, including a Santeria priest prohibited from making animal sacrifices, synagogues prohibited from building on their own land, and religious student organizations penalized for their religious speech. One of her most challenging cases involved travel to a remote farming community to ensure that members of the local Amish community were not jailed for using their traditional building methods.
Lori is a graduate of Harvard Law School and earned her B.A. summa cum laude at Abilene Christian University. She has served on the Board of Visitors of Abilene Christian University and received the ACU Young Alumnus of the Year award for her work at Becket. She sits on the board of Dominion Christian School and the visiting committee of the Fund for American Studies’ Summer Law Fellowship.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
Erik Money is a third-year law student at the University of St. Thomas School of Law (Minnesota).
Assistant Professor of Law, Capital University Law School
Nathaniel M. Fouch is an Assistant Professor of Law at Capital University Law School in Columbus, Ohio. He previously clerked at every level of the state judiciary, including for Justice Pat DeWine of the Ohio Supreme Court. Professor Fouch was the founding president of both the Dayton Lawyers Chapter of the Federalist Society and the Dayton Catholic Lawyers Guild. He earned his B.A. from Berea College and his J.D. cum laude from the University of St. Thomas School of Law. His work on the Ohio Constitution and state constitutionalism has been cited by the Ohio Supreme Court. Professor Fouch lives in Dayton, Ohio, with his wife, Theresa, and their three young children.
A Seat at the Sitting - November 2025
Thomas C. Berg, Zac Morgan, Jacob Schuman, Logan Spena, Erica Zunkel
The November Docket in 90 Minutes or Less
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
A Seat at the Sitting - November 2025
Thomas C. Berg, Zac Morgan, Jacob Schuman, Logan Spena, Erica Zunkel
The November Docket in 90 Minutes or Less
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
The Roots, Applications, and Trajectory of the Church Autonomy Doctrine
Thomas C. Berg, Leslie C. Griffin, Alex J. Luchenitser, Branton J. Nestor, Amanda Salz
The First Amendment’s Religion Clauses guarantee religious entities the freedom to make certain internal governance...
The Roots, Applications, and Trajectory of the Church Autonomy Doctrine
Thomas C. Berg, Leslie C. Griffin, Alex J. Luchenitser, Branton J. Nestor, Amanda Salz
The First Amendment’s Religion Clauses guarantee religious entities the freedom to make certain internal governance...
Religious Liberty Apologetics
Thomas C. Berg
Federalist Society Review, Volume 25
Nick Reaves and Matthew Krauter have written a fine review, in this journal,[1] of my...
Panel 2 - Better Believe It: Free Exercise and the First Amendment
Thomas C. Berg, Justin Edward Butterfield, James C. Ho, D. John Sauer
Leading the charge for abolition during the Civil War-era, among others, were abolitionists with deeply...
Panel 2 - Better Believe It: Free Exercise and the First Amendment
Thomas C. Berg, Justin Edward Butterfield, James C. Ho, D. John Sauer
Leading the charge for abolition during the Civil War-era, among others, were abolitionists with deeply...
Religious Liberty after Fulton v. City of Philadelphia
Akhil Reed Amar, Thomas C. Berg, William P. Marshall, Lawrence VanDyke, Lori Windham
2021 National Lawyers Convention
The 2021 National Lawyers Convention took place November 11-13, 2021 at the Mayflower Hotel in...
Religious Liberty after Fulton v. City of Philadelphia
Akhil Reed Amar, Thomas C. Berg, William P. Marshall, Lawrence VanDyke, Lori Windham
2021 National Lawyers Convention
The 2021 National Lawyers Convention took place November 11-13, 2021 at the Mayflower Hotel in...
Credentials Not Required: Why an Employee’s Significant Religious Functions Should Suffice to Trigger the Ministerial Exception
Thomas C. Berg, Erik Money, Nathaniel M. Fouch
Federalist Society Review, Volume 20
Note from the Editor: The Federalist Society takes no positions on particular legal and public...