Knight Professor of Constitutional Law and the First Amendment, Yale Law School
Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School. He is the founder and director of Yale’s Information Society Project, an interdisciplinary center that studies law and new information technologies. He also directs the Abrams Institute for Freedom of Expression, and the Knight Law and Media Program at Yale. Professor Balkin is a member of the American Academy of Arts and Sciences, and founded and edits the group blog Balkinization (http://balkin.blogspot.com/). He is the author of over 100 articles and the author or editor of eleven books. His scholarship ranges over many different subjects, including constitutional theory, technology and Internet law, freedom of speech, jurisprudence, cultural evolution, the theory of ideology, and musical and legal interpretation. His most recent books are Democracy and Dysfunction (University of Chicago Press, 2019)(with Sanford Levinson); Living Originalism (Harvard, Belknap Press, 2011), and Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press 2011).
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Research Director, Independence Institute
David B. Kopel is Research Director at the Independence Institute; Adjunct Scholar at the Cato Institute; and Senior Fellow at the University of Wyoming College of Law, Firearms Research Center. He received his B.A. in history with Highest Honors from Brown University and his J.D. magna cum laude from the University of Michigan Law School.
He is the author of over 20 books, including the textbook Firearm Law and the Second Amendment: Regulation, Rights, and Policy (Aspen Pubs. 4th ed. forthcoming 2026). His scholarship and briefs have been cited 7 Supreme Court cases--including Heller, McDonald, and Bruen--and in 140 lower courts opinions. He is the author of 120 scholarly articles. His shorter articles often appear on The Volokh Conspiracy blog, hosted by Reason magazine. His topics of interest include the right to arms throughout history, the Colorado Constitution, and law enforcement policy.
Harlan Fiske Stone Professor of Constitutional Law, Columbia Law School
A leading administrative and constitutional law scholar, Gillian Metzger ’96 writes and teaches in the areas of administrative law, constitutional law, and federal courts, with an emphasis on federalism and privatization. In 2023-2024, she served as Acting Assistant Attorney General and Deputy Assistant Attorney General in the Office of Legal Counsel in the Department of Justice.
Metzger's recent work covers topics ranging from constitutional attacks on the administrative state to appropriations, administrative law under the Roberts Court, and the role of administrative agencies in a polarized world. In 2015, Metzger won the American Bar Association Administrative Law Section Annual Scholarship Award for “The Constitutional Duty to Supervise,” which examined presidential control and oversight of the modern administrative state. She is a co-editor of Gellhorn & Byse’s Administrative Law: Cases and Comments, 13th ed. (Foundation Press, 2023), a seminal administrative law casebook.
Professor Metzger was recently elected to the American Academy of Arts & Sciences and is a Senior Fellow of the Administrative Conference of the United States. In 2020, she was awarded Columbia University's Faculty Mentorship Award and in 2014, the Law School’s graduating class awarded Metzger the Willis L.M. Reese Prize for Excellence in Teaching, recognizing, among many other accomplishments, her commitment to mentoring new generations of law students.
In 2012, Metzger helped launch Columbia Law School’s Center for Constitutional Governance (CCG)—where she now serves as faculty director—a nonpartisan legal and policy organization devoted to the study of constitutional structure and authority. CCG brings together a diverse group of constitutional scholars to explore policy areas such as health care, civil rights, immigration, financial regulation, and national security.
Metzger also has co-authored and filed numerous amicus briefs in major constitutional and administrative law challenges before the Supreme Court and other courts. Most recently, Metzger filed a brief in Seila Law Center v. CFPB, a separation of powers challenge, and in Kisor v. Wilkie, a case involving judicial deference to agencies. She has also filed briefs in cases involving reproductive rights and the Affordable Care Act, among others.
Previously, Metzger served as vice dean of intellectual life at Columbia Law School. Before joining the Law School, she worked as an attorney with the Brennan Center for Justice. Metzger also clerked for U.S. Supreme Court Justice Ruth Bader Ginsburg ’59 and Judge Patricia M. Wald of the U.S. Circuit Court of Appeals for the District of Columbia. In 2018, Metzger moderated a panel discussion with Justice Ginsburg on impact litigation at Columbia Law School.
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Smith has authored over 40 articles on campaign finance reform, appearing in academic publications such as the Yale Law Journal and Georgetown Law Journal, and popular publications such as The Wall Street Journal, USA Today, and National Review. He has appeared on The O’Reilly Factor, Hardball with Chris Matthews, Bill Moyers Journal, the Lehrer News Hour, Fox News Special Report, ABC News, Washington Journal, and numerous other national and local television and radio programs.
As an FEC Commissioner, Smith won plaudits for his integrity and refusal to put partisan interests ahead of his duties, as well as his steadfast support for free speech. For his honesty and integrity, the Wall Street Journal dubbed him, “the only honorable man in this bordello.” Smith now serves as the Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law at Capital University Law School. He has won numerous awards for his scholarship and teaching, and is a past member of the Advisory Committee to the American Bar Association’s Standing Committee on Election Law. He currently serves on the Editorial Board of the Election Law Journal, and the Editorial Advisory Board of the Harvard Journal of Law and Public Policy. Smith also serves on the Board of Trustees of the Buckeye Institute for Public Policy Studies, is a senior fellow at the Goldwater Institute and is a member of the Board of Scholars of the Mackinac Center for Public Policy. Smith is a cum laude graduate of Harvard Law School and Kalamazoo College and holds an honorary doctorate from Augustana College.
Partner, King & Spalding, LLP
Mr. Ashley C. Parrish is a partner in the Washington, D.C. office of King & Spalding, and a member of the firm’s national appellate and strategic counseling practice group. He focuses his practice on appellate, administrative, and constitutional law; on the preparation of high-risk cases for eventual appeal; and on strategic, complex litigation.
Mr. Parrish frequently collaborates with the leaders of his firm’s litigation and Washington, D.C.-based regulatory practices, and, in particular, works closely with his firm’s global energy practice to serve the needs of his firm’s energy industry clients. He has handled appeals and complex litigation matters involving a wide range of subject matters in courts across the country, including significant matters before the U.S. Supreme Court, almost all of the federal courts of appeals, and a variety of state appellate courts. Mr. Parrish regularly advises clients in federal administrative law and practice, and has experience in a diverse range of substantive areas of law (including energy, bankruptcy, products liability, labor, environmental, health care, and telecommunications).
After graduating from law school, Mr. Parrish served as a law clerk to the Honorable Emilio M. Garza on the U.S. Court of Appeals for the Fifth Circuit (1998-1999).
J.D., University of Chicago Law School
B.A., Political Science, University of Washington-Seattle Campus
B.A., Economics, University of Washington-Seattle Campus
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Partner, Holtzman Vogel
From small claims and county court matters to the U.S. Supreme Court, Kent has represented clients in a variety of forums. Kent’s experience in both trial and appellate courts is diverse and varied: from assisting local Florida clients relating to beach and coastal issues, private property rights, takings, contract disputes, class action defense, toxic tort claims, and business litigation to challenging federal halibut fishing regulations in Alaska. Kent assists clients in a variety of trial or appellate cases. His goal is to use his experience to bring a fresh voice and perspective to every case.
Kent grew up in Columbia, South Carolina and moved to Tallahassee immediately after law school. For more than a decade, Kent has enjoyed the outdoor activities in the Florida Panhandle, including hunting, fishing, diving, and farming. During season, Kent coaches his son’s baseball team.
Legal Fellow, Center for the Separation of Powers, Pacific Legal Foundation
Alison Somin joined Pacific Legal Foundation in May 2020 as a legal fellow in the Center for the Separation of Powers and part of the equality before the law practice group.
Before joining the Pacific Legal Foundation team, Alison was a special assistant and counsel for over a decade to Gail Heriot, a member of the bipartisan United States Commission on Civil Rights. She also has deep roots in the liberty movement. Alison was a Koch Associate at the National Federation for Independent Business Legal Foundation and, during law school, completed summer clerkships at the Institute for Justice and the Charles G. Koch Charitable Foundation. She holds a J.D. from Emory University School of Law and an A.B. in history from Dartmouth College.
Her work has been published in the San Francisco Chronicle, the Daily Journal, Texas Journal of Law and Politics, and The Federalist Society’s Engage magazine and blog.
She lives in northern Virginia with her husband Ilya; two children; and golden retriever Willow. In her spare time, she enjoys reading, baking and cooking, children’s art projects, and training and exercising Willow.
Senior Litigation Counsel, New Civil Liberties Alliance
Throughout his 40-year career in private law practice in Washington, D.C., Richard Samp has specialized in appellate litigation with a focus on constitutional law. He served as Chief Counsel of the Washington Legal Foundation for more than 30 years. He has participated directly in more than 200 cases before the U.S. Supreme Court. Mr. Samp is a graduate of Harvard College and the University of Michigan Law School and clerked for a federal judge in Detroit.
Assistant Professor of Law, Ave Maria School of Law
Professor Govern began his legal career as an Army Judge Advocate, serving 20 years during peacetime and war in assignments that spanned the world. He has also served as an Assistant Professor of Law at the United States Military Academy and has taught at California University of Pennsylvania. Professor Govern has published widely and spoken frequently on international and comparative law, national security and homeland security law, military operations, and professional ethics.
Senior Attorney, Institute for Justice
Michael Bindas is a senior attorney with the Institute for Justice (IJ) and leads IJ’s educational choice team. In this role, he oversees a talented group of IJ attorneys who help policymakers design constitutionally defensible educational choice programs and who defend educational choice programs in courtrooms nationwide. He joined IJ in 2005.
Michael was part of IJ’s litigation team in Espinoza v. Montana Department of Revenue, in which the U.S. Supreme Court held the exclusion of religious options from Montana’s educational choice program unconstitutional, and he led IJ’s defense of the Choice Scholarship Program for elementary and secondary students in Douglas County, Colorado. He also successfully challenged Washington’s denial of special education services to children in religious schools, as well as the state’s exclusion of sectarian options from its state work study program. Currently, he leads IJ’s team in Carson v. Makin, challenging Maine’s exclusion of religious options from its educational choice program.
Prior to leading IJ’s educational choice team, Michael litigated extensively to secure economic liberty, property rights, and freedom of speech throughout the nation. He was counsel of record at the U.S. Supreme Court for Kimbrough Fine Wine & Spirits in Tennessee Wine and Spirits Retailers Association v. Thomas, a successful challenge to Tennessee’s durational residency requirements for retail liquor licenses. He also led successful challenges to the municipal sign codes of St. Louis, Mo. and Norfolk, Va., after those cities attempted to silence protests of their abusive eminent domain practices.
Prior to joining IJ, Michael spent three years as an attorney with Perkins Coie LLP. He is a former law clerk to Judge Rhesa Hawkins Barksdale of the U.S. Court of Appeals for the Fifth Circuit and served as an engineer officer in the United States Army and Pennsylvania Army National Guard before beginning his legal career.
Michael received his law degree cum laude from the University of Pennsylvania Law School in 2001, where he served as Articles Editor for the Journal of Constitutional Law and was elected to the Order of the Coif. He received his undergraduate degree from the United States Military Academy at West Point in 1995.
Executive Vice President, Mackinac Center for Public Policy
Michael J. Reitz is executive vice president of the Mackinac Center for Public Policy, where he oversees execution of the Center's strategic plan. The Mackinac Center is an independent, nonprofit research and educational institute based in Midland, Michigan, with the mission of improving the quality of life for all Michigan citizens by promoting sound solutions to state and local policy questions.
Prior to joining the Mackinac Center in 2012, Reitz spent eight years with the Freedom Foundation in Washington state as its general counsel and director of labor policy. Reitz established the Freedom Foundation’s Theodore L. Stiles Center for Liberty, where he litigated for accurate elections, defended the First Amendment rights of individuals, fought against governmental abuses of power and wrote extensively on constitutional law. Reitz championed a number of reforms to modify public-sector collective bargaining and to protect workers from coercive union monopolies.
An advocate of accountable government, Reitz has worked actively to promote transparency in state and local government, serving on the board of the Michigan Coalition for Open Government, a nonprofit organization that educates citizens about their rights to access public records and attend public meetings. While in Washington state, Reitz led a research and litigation effort to expose the governor's secretive practice of withholding records under claims of executive privilege.
Reitz frequently comments on public policy issues and has been cited by The Wall Street Journal, the Los Angeles Times, The Boston Globe, The Seattle Times and other publications. He is a co-author of "To Protect and Maintain Individual Rights," a reference guide to the Declaration of Rights in the Washington Constitution. Reitz received his law degree from Oak Brook College of Law and Government Policy. He is a member of the Washington bar and is admitted to practice before the U.S. Supreme Court and the U.S. Court of Appeals for the Ninth Circuit.
Professor, Gonzaga University School of Law
Law clerk for Justice Stephen Bistline, Idaho Supreme Court, 1979-80; in private practice with Lukins & Annis, P.S., Spokane, (1980-84); assistant professor, Oklahoma City University (1984-87); Senior Fellow, Discovery Institute, Seattle, Washington.
Senior Attorney, Institute for Justice
Michael Bindas is a senior attorney with the Institute for Justice (IJ) and leads IJ’s educational choice team. In this role, he oversees a talented group of IJ attorneys who help policymakers design constitutionally defensible educational choice programs and who defend educational choice programs in courtrooms nationwide. He joined IJ in 2005.
Michael was part of IJ’s litigation team in Espinoza v. Montana Department of Revenue, in which the U.S. Supreme Court held the exclusion of religious options from Montana’s educational choice program unconstitutional, and he led IJ’s defense of the Choice Scholarship Program for elementary and secondary students in Douglas County, Colorado. He also successfully challenged Washington’s denial of special education services to children in religious schools, as well as the state’s exclusion of sectarian options from its state work study program. Currently, he leads IJ’s team in Carson v. Makin, challenging Maine’s exclusion of religious options from its educational choice program.
Prior to leading IJ’s educational choice team, Michael litigated extensively to secure economic liberty, property rights, and freedom of speech throughout the nation. He was counsel of record at the U.S. Supreme Court for Kimbrough Fine Wine & Spirits in Tennessee Wine and Spirits Retailers Association v. Thomas, a successful challenge to Tennessee’s durational residency requirements for retail liquor licenses. He also led successful challenges to the municipal sign codes of St. Louis, Mo. and Norfolk, Va., after those cities attempted to silence protests of their abusive eminent domain practices.
Prior to joining IJ, Michael spent three years as an attorney with Perkins Coie LLP. He is a former law clerk to Judge Rhesa Hawkins Barksdale of the U.S. Court of Appeals for the Fifth Circuit and served as an engineer officer in the United States Army and Pennsylvania Army National Guard before beginning his legal career.
Michael received his law degree cum laude from the University of Pennsylvania Law School in 2001, where he served as Articles Editor for the Journal of Constitutional Law and was elected to the Order of the Coif. He received his undergraduate degree from the United States Military Academy at West Point in 1995.
Executive Vice President, Mackinac Center for Public Policy
Michael J. Reitz is executive vice president of the Mackinac Center for Public Policy, where he oversees execution of the Center's strategic plan. The Mackinac Center is an independent, nonprofit research and educational institute based in Midland, Michigan, with the mission of improving the quality of life for all Michigan citizens by promoting sound solutions to state and local policy questions.
Prior to joining the Mackinac Center in 2012, Reitz spent eight years with the Freedom Foundation in Washington state as its general counsel and director of labor policy. Reitz established the Freedom Foundation’s Theodore L. Stiles Center for Liberty, where he litigated for accurate elections, defended the First Amendment rights of individuals, fought against governmental abuses of power and wrote extensively on constitutional law. Reitz championed a number of reforms to modify public-sector collective bargaining and to protect workers from coercive union monopolies.
An advocate of accountable government, Reitz has worked actively to promote transparency in state and local government, serving on the board of the Michigan Coalition for Open Government, a nonprofit organization that educates citizens about their rights to access public records and attend public meetings. While in Washington state, Reitz led a research and litigation effort to expose the governor's secretive practice of withholding records under claims of executive privilege.
Reitz frequently comments on public policy issues and has been cited by The Wall Street Journal, the Los Angeles Times, The Boston Globe, The Seattle Times and other publications. He is a co-author of "To Protect and Maintain Individual Rights," a reference guide to the Declaration of Rights in the Washington Constitution. Reitz received his law degree from Oak Brook College of Law and Government Policy. He is a member of the Washington bar and is admitted to practice before the U.S. Supreme Court and the U.S. Court of Appeals for the Ninth Circuit.
Professor, Gonzaga University School of Law
Law clerk for Justice Stephen Bistline, Idaho Supreme Court, 1979-80; in private practice with Lukins & Annis, P.S., Spokane, (1980-84); assistant professor, Oklahoma City University (1984-87); Senior Fellow, Discovery Institute, Seattle, Washington.
The Individual Health Care Mandate and Enumerated Powers
Jack M. Balkin, Randy E. Barnett, David B. Kopel, Gillian E. Metzger, Bradley A. Smith
Faculty Division
Shortly after the health care reform bill was signed into law, the attorneys general of...
NRG Power Marketing v. Maine Public Utilities Commission - Post-Decision SCOTUScast
Ashley C. Parrish
SCOTUScast 08-06-10 featuring Ashley C. Parrish
On January 13, 2010, the Supreme Court announced its decision in NRG Power Marketing v....
Individual Property Takings: Stop the Beach Renourishment v. Florida Department of Environmental Protection
Thomas W. Merrill, James S. Burling, Kent Safriet
Environmental Law Practice Group
In Stop the Beach Renourishment, the U.S. Supreme Court unanimously held that the Florida Supreme...
Title IX
Alison E. Somin
New Federal Initiatives Project
Brought to you by the Civil Rights Practice GroupThe Federalist Society takes no position on...
ABA Watch August 2010
Table of Contents
Profile of Members of the ABA Standing Committee on the Federal JudiciaryABA Honorees at Annual...
Graham County Soil & Water Conservation District v. United States ex rel. Wilson - Post-Decision SCOTUScast
Richard A. Samp
SCOTUScast 08-04-10 featuring Richard A. Samp
On March 30, 2010, the Supreme Court announced its decision in Graham County Soil &...
Dillon v. United States - Post-Decision SCOTUScast
Kevin H. Govern
SCOTUScast 07-30-10 featuring Kevin H. Govern
On June 17, 2010, the Supreme Court announced its decision in Dillon v. United States. ...
Holder v. Humanitarian Law Project - Post-Decision SCOTUScast
D Broyles
SCOTUScast 07-29-10 featuring D. Scott Broyles
On June 21, 2010, the Supreme Court announced its decision in Holder v. Humanitarian Law...
The Washington Supreme Court and the State Constitution: A 2010 Assessment
Michael Bindas, Michael J. Reitz, David K. DeWolf
White Paper on Washington State Supreme Court
The Washington State Supreme Court plays an important role, often affecting the lives of Washington's...
The Washington Supreme Court and the State Constitution: A 2010 Assessment
Michael Bindas, Michael J. Reitz, David K. DeWolf
White Paper on Washington State Supreme Court
The Washington State Supreme Court plays an important role, often affecting the lives of Washington's...