Legal Fellow and Manager, Supreme Court and Appellate Advocacy Program, The Heritage Foundation
Zack is a Legal Fellow and Manager of the Supreme Court and Appellate Advocacy Program in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Stephen Cranney has a dual PhD in sociology and demography from the University of Pennsylvania and is a freelance data scientist in the Washington, DC, area.
Director of the Center for Judicial Engagement, Institute for Justice
Anthony Sanders is the Director of the Center for Judicial Engagement (CJE) at the Institute for Justice and a senior attorney. He joined IJ in 2010. As CJE’s director, he educates the public about the proper role of judges in enforcing constitutional limits on the size and scope of government. As a senior attorney he litigates cutting-edge constitutional cases protecting economic liberty, private property, freedom of speech and other individual liberties in both federal and state courts across the country.
One area of Anthony’s expertise is on using state constitutions to protect individual rights. He is the author of the book, published by University of Michigan Press, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters. He has also written several law review articles on state constitutional law, unenumerated rights, judicial review, economic liberty, property rights, international law, and other subjects. His work has appeared in publications such as the Iowa Law Review, Minnesota Law Review, American University Law Review, and Rutgers Law Review, and he has published opinion pieces in leading media outlets across the country. Further, he frequently speaks to various audiences on these matters and others, including judicial engagement, free speech, civil forfeiture, and the continuing importance of Magna Carta. Additionally, he hosts the weekly Short Circuit podcast, which often records live in front of law student audiences.
Anthony has litigated several cases in various state courts on state constitutional protections, as well as in federal courts on matters such as economic liberty, free speech, administrative law, and fines and fees abuse. Prior to joining IJ, Anthony served as a law clerk to Justice W. William Leaphart on the Montana Supreme Court. Anthony also worked for several years in private practice in Chicago where he was an active member of the Chicago Bar Association and chaired its Civil Rights Committee.
Anthony received his law degree cum laude from the University of Minnesota Law School in 2004, where he served as an articles submission editor for the Minnesota Law Review. He received his undergraduate degree from Hamline University in St. Paul, Minnesota, and his master’s degree from the University of Wisconsin-Madison. A dual U.S. and U.K. citizen, Anthony grew up on the islands of Vashon in Washington State, and Alderney in the British Channel Islands.
Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Senior Vice President, Strategic Initiatives & Special Counsel to the President, Alliance Defending Freedom
Ryan Bangert serves as senior vice president for strategic initiatives and special counsel to the president at Alliance Defending Freedom. He oversees ADF’s regulatory practice, government relations, and corporate engagement teams. He also advises executive leadership with strategic initiatives and appears as counsel for ADF clients.
Before joining ADF, Bangert served as deputy first assistant attorney general and deputy for legal counsel in the office of the Texas attorney general. In those roles, he oversaw the state’s Special Litigation Unit, which handled critical litigation against the federal government, and oversaw multiple divisions within the office. Prior to that, he served as deputy for civil litigation for Missouri Attorney General Josh Hawley, overseeing the state’s civil litigation divisions, including the consumer protection and antitrust divisions, with over 200 attorneys and staff. During his time in government service, Bangert handled a diverse array of matters involving Big Tech, election law, civil rights, multistate antitrust and consumer protection investigations, and many other issues.
Prior to his government service, Bangert was a litigation partner at Baker Botts L.L.P., where he was a member of the firm’s commercial litigation and appellate practice sections. A seasoned trial attorney, The Texas Lawyer ranked the verdict Bangert achieved in the Janvey v. Maldonado case as the #1 verdict in the securities category for 2015-2019, and The National Law Journal ranked it in its “Top 100 Verdicts of 2015.” He was named a “Texas Rising Star” for multiple years by Texas Lawyer and Law and Politics magazines. While at Baker Botts, he was a volunteer attorney for ADF and served as amicus counsel in numerous cases, including Trinity Lutheran v. Comer and Salazar v. Buono, receiving the firm’s Opus Justitae Award in recognition of his outstanding commitment to pro bono service.
Bangert earned his J.D. from Southern Methodist University, where he was a Hatton Sumner’s scholar and graduated first in his class. He also participated in ADF’s Blackstone program and is a Blackstone Fellow. Following law school, he clerked for the Honorable Patrick E. Higginbotham on the Fifth Circuit Court of Appeals.
Bangert is a member of the Philadelphia Society and Federalist Society. He is admitted to practice law in Texas, California (inactive), Missouri (inactive), the U.S. Supreme Court and numerous federal district and appellate courts. A frequent op-ed contributor, his work has appeared in National Review, Daily Wire, The Hill, Washington Examiner, The Federalist, Fox News, and RealClear Religion. He speaks nationally on constitutional, cultural, and religious liberty issues.
Arthur B. Hanson Professor of Law, William & Mary Law School
Paul J. Schierl Professor of Law, University of Notre Dame Law School
Professor Richard W. Garnett teaches and writes in the areas of constitutional law, criminal law, the First Amendment, and law and religion. He is a leading authority on questions and debates regarding religious freedom and church-state relations, and is the founding director of Notre Dame Law School’s Program on Church, State, and Society.
Garnett clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold. He earned his J.D. from Yale Law School in 1995 and his B.A., summa cum laude, from Duke University in 1990. He joined the faculty in 1999 after practicing law in Washington, D.C. with Miller, Cassidy, Larroca & Lewin.
Senior Vice President, Strategic Initiatives & Special Counsel to the President, Alliance Defending Freedom
Ryan Bangert serves as senior vice president for strategic initiatives and special counsel to the president at Alliance Defending Freedom. He oversees ADF’s regulatory practice, government relations, and corporate engagement teams. He also advises executive leadership with strategic initiatives and appears as counsel for ADF clients.
Before joining ADF, Bangert served as deputy first assistant attorney general and deputy for legal counsel in the office of the Texas attorney general. In those roles, he oversaw the state’s Special Litigation Unit, which handled critical litigation against the federal government, and oversaw multiple divisions within the office. Prior to that, he served as deputy for civil litigation for Missouri Attorney General Josh Hawley, overseeing the state’s civil litigation divisions, including the consumer protection and antitrust divisions, with over 200 attorneys and staff. During his time in government service, Bangert handled a diverse array of matters involving Big Tech, election law, civil rights, multistate antitrust and consumer protection investigations, and many other issues.
Prior to his government service, Bangert was a litigation partner at Baker Botts L.L.P., where he was a member of the firm’s commercial litigation and appellate practice sections. A seasoned trial attorney, The Texas Lawyer ranked the verdict Bangert achieved in the Janvey v. Maldonado case as the #1 verdict in the securities category for 2015-2019, and The National Law Journal ranked it in its “Top 100 Verdicts of 2015.” He was named a “Texas Rising Star” for multiple years by Texas Lawyer and Law and Politics magazines. While at Baker Botts, he was a volunteer attorney for ADF and served as amicus counsel in numerous cases, including Trinity Lutheran v. Comer and Salazar v. Buono, receiving the firm’s Opus Justitae Award in recognition of his outstanding commitment to pro bono service.
Bangert earned his J.D. from Southern Methodist University, where he was a Hatton Sumner’s scholar and graduated first in his class. He also participated in ADF’s Blackstone program and is a Blackstone Fellow. Following law school, he clerked for the Honorable Patrick E. Higginbotham on the Fifth Circuit Court of Appeals.
Bangert is a member of the Philadelphia Society and Federalist Society. He is admitted to practice law in Texas, California (inactive), Missouri (inactive), the U.S. Supreme Court and numerous federal district and appellate courts. A frequent op-ed contributor, his work has appeared in National Review, Daily Wire, The Hill, Washington Examiner, The Federalist, Fox News, and RealClear Religion. He speaks nationally on constitutional, cultural, and religious liberty issues.
Arthur B. Hanson Professor of Law, William & Mary Law School
Paul J. Schierl Professor of Law, University of Notre Dame Law School
Professor Richard W. Garnett teaches and writes in the areas of constitutional law, criminal law, the First Amendment, and law and religion. He is a leading authority on questions and debates regarding religious freedom and church-state relations, and is the founding director of Notre Dame Law School’s Program on Church, State, and Society.
Garnett clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold. He earned his J.D. from Yale Law School in 1995 and his B.A., summa cum laude, from Duke University in 1990. He joined the faculty in 1999 after practicing law in Washington, D.C. with Miller, Cassidy, Larroca & Lewin.
State Court Docket Watch: Tennessee v. Deberry
Zack Smith
Tennessee Supreme Court grapples with whether no penalty is the same thing as a "lesser penalty."
Does a state statute only mean what it says and nothing more? In a...
Measuring and Evaluating Public Responses to Religious Rights Rulings
Creighton Roland Meland, Stephen Cranney
Federalist Society Review, Volume 23
The story of Jack Phillips and his cake shop—Masterpiece Cakeshop—is by now familiar. Jack Phillips...
State Court Docket Watch: Ohio v. O'Malley
Anthony Sanders
Ohio Supreme Court refuses to adopt a standard for addressing excessive fines claims.
In 2019, in Timbs v. Indiana, the U.S. Supreme Court declared that the Excessive Fines...
The Meaning of "Regulate Commerce" to the Constitution's Ratifiers
Robert G. Natelson
Federalist Society Review, Volume 23
I. Previous Scholarship[1] A. Views of “Commerce”: Traditional and “Mega” The Constitution grants Congress power...
Topics
On the Constitutionality of Guantanamo Tribunals
The ABA’s Gellhorn-Sargentich Law Student Essay Award for 2022 has been won by Laura Stanley...
Litigation Update: Volokh et al v. James
Eugene Volokh
In early December, Prof. Eugene Volokh, Rumble Canada, and Locals Technology filed a complaint in...
Litigation Update: Volokh et al v. James
Eugene Volokh
In early December, Prof. Eugene Volokh, Rumble Canada, and Locals Technology filed a complaint in...
United States v. Texas - Post-Argument SCOTUScast
Ilya Somin
Ilya Somin
On November 29, 2022, the Supreme Court heard oral argument in United States v. Texas....
Parental Rights and Religious Liberty: Examining New Conflicts Between Parents and the State
Ryan L. Bangert, James Dwyer, Richard W. Garnett
The Supreme Court has articulated that parents have the unenumerated right rooted in the Fourteenth Amendment...
Parental Rights and Religious Liberty: Examining New Conflicts Between Parents and the State
Ryan L. Bangert, James Dwyer, Richard W. Garnett
The Supreme Court has articulated that parents have the unenumerated right rooted in the Fourteenth Amendment...