In Dissent: What Happened at the Supreme Court This Term?
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Constitutional Scholarship Director and Senior Legal Analyst, Pacific Legal Foundation
Anastasia Boden is Director of Constitutional Scholarship at Pacific Legal Foundation, where she leads the organization’s Supreme Court commentary and directs scholarly analysis in support of the firm’s litigation. She has represented entrepreneurs and small businesses nationwide in challenges to onerous licensing regimes, anti-competitive titling restrictions, Certificate of Need (“competitor’s veto”) laws, and other forms of unnecessary red tape that block economic opportunity.
Prior to this role, Anastasia developed nearly a dozen constitutional challenges to Certificate of Need laws across the country, helping spur legislative reform in Montana, Pennsylvania, and West Virginia. Her victories include a ruling invalidating Houston’s busking restrictions, multiple appellate decisions expanding access to the courts for civil rights plaintiffs, and the legislative repeal of Virginia’s happy-hour advertising ban.
Her writings on law and liberty have been featured in USA Today, The Washington Post, The Wall Street Journal, the Los Angeles Times, the Chicago Tribune, Forbes, and more, and she has appeared on Headline News, CBS News, Fox News, ReasonTV, Newsmax, and John Stossel. In 2020, she was featured on Libertarian Party presidential candidate Jo Jorgensen’s Supreme Court shortlist.
Anastasia earned her BA with dean’s honors from the University of California, Santa Barbara, and her JD from Georgetown University Law Center, where she was research assistant to Professor Randy E. Barnett—the “intellectual godfather” of the constitutional challenge to Obamacare. She is the co-creator of the podcast Dissed, about infamous Supreme Court dissents. She authors the biweekly newsletter SCOTUS Scoop and the column, “In Dissent” for SCOTUSblog.
Associate, Gibson, Dunn & Crutcher LLP
Stephen Hammer is a litigation associate in the Dallas office of Gibson, Dunn & Crutcher.
Before joining the firm, Mr. Hammer served as a law clerk to Chief Justice John G. Roberts, Jr. of the Supreme Court of the United States, Judge Gregory G. Katsas of the United States Court of Appeals for the District of Columbia Circuit, and Judge Jeffrey S. Sutton of the United States Court of Appeals for the Sixth Circuit.
Mr. Hammer graduated magna cum laude from Harvard Law School, where he served as managing editor of the Harvard Journal of Law and Public Policy. Before law school, Mr. Hammer served as an infantry officer in the 82nd Airborne Division of the United States Army. His military decorations include the Bronze Star. Mr. Hammer received an M.Phil. in theology from the University of Oxford, where he studied on a Rhodes scholarship. He received an A.B. summa cum laude in classics from Princeton University and graduated as Latin salutatorian.
Mr. Hammer is a member of the Texas and District of Columbia bars.
Justice, Florida Supreme Court
On January 14, 2026, Governor Ron DeSantis appointed Justice Adam S. Tanenbaum to be the 94th justice of the Supreme Court of Florida.
Justice Tanenbaum served on the First District Court of Appeal from 2019 to 2026 before joining the Supreme Court.
Before his appointment, Justice Tanenbaum served as general counsel for the Florida House of Representatives (2016–2019). In that position, he provided legal advice and counsel to the Speaker of the House and to House members and staff regarding matters of legislative interest. He also advised House members and senior staff regarding ethics laws, public records requirements, House rules, and issues requiring constitutional or statutory interpretation. He also had primary responsibility for handling litigation affecting the House. Previously, Judge Tanenbaum served as general counsel for the Florida Department of State (2015–2016) and chief deputy solicitor general at the Florida Department of Legal Affairs (2014–2015). He moved with his family to Tallahassee from Tampa in 2014.
Judge Tanenbaum grew up in Pinellas County and was student body president and valedictorian at Seminole High School in Seminole, Florida. He spent most of his professional career living in Tampa and Orlando. He has tried jury and non-jury cases and briefed and argued civil and criminal appeals in state and federal courts. He has worked as an assistant federal public defender in Tampa and Orlando (2008–2010; 2012–2014) and as an assistant public defender in Orlando (2005–2006). He practiced as a private complex commercial litigator in Tampa, Orlando, and New York City, including during several stints at Carlton Fields, P.A. (1997–2001; 2001–2002; 2003–2005; 2010–2011). He also taught complex litigation as an adjunct professor at Stetson University College of Law (2001; 2007). He now teaches a spring course on legislative power as an adjunct professor at Florida State University College of Law.
In 1993 Judge Tanenbaum earned a bachelor of arts degree (major in political science and minor in economics), with honors, from the University of Florida, where he was co-valedictorian; recognized with awards for Outstanding Male Leader and Four-Year Scholar; and inducted into Phi Beta Kappa, Florida Blue Key, and the UF Hall of Fame. He graduated cum laude with a law degree from Georgetown University Law Center in 1996 and was selected to be his section’s commencement speaker. He started his legal career as a law clerk to then-U.S. District Judge Stanley Marcus in the Southern District of Florida.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Clinical Professor of Law, Cornell Law School
William A. Jacobson is a Clinical Professor of Law and Director of the Securities Law Clinic.
He is a 1981 graduate of Hamilton College and a 1984 graduate of Harvard Law School. At Harvard he was Senior Editor of the Harvard International Law Journal and Director of Litigation for the Harvard Prison Legal Assistance Project.
Prior to joining the Cornell law faculty in 2007, Professor Jacobson had a highly successful civil litigation and arbitration practice in Providence, Rhode Island, concentrating in investment, employment, and business disputes in the securities industry, including many high profile cases reported in leading newspapers and magazines.
Professor Jacobson has argued cases in numerous federal and state courts, including the Courts of Appeal for the First, Fifth and Sixth Circuits, and the Rhode Island Supreme Court.
Professor Jacobson has a national reputation as a leading practitioner in securities arbitration. He was Treasurer, and is a former member of the Executive Committee and Board of Directors of the Public Investors Arbitration Bar Association, a professional organization of attorneys dedicated to protecting public investors. He frequently is quoted in national media on issues related to investment fraud and investor protection, and in the past has served as one of a small number of private practice attorneys who trained new arbitrators for the Financial Industry Regulatory Authority.
Professor Jacobson is co-author of the Securities Arbitration Desk Reference (Thomson-Reuters), updated annually.
Professor Jacobson also is the founder and publisher of Legal Insurrection, a popular politics and law website. He is frequently quoted in the media on political and legal topics, has authored many Op-Eds in major publications, and appears on television and radio to discuss politics and the law.
Vice President and Deputy Counsel, Wisconsin Institute for Law and Liberty
Professor of Law and J. Philip Johnson Faculty Fellow, University of North Dakota School of Law
Michael S. McGinniss is Professor of Law and J. Philip Johnson Faculty Fellow at the University of North Dakota School of Law, where he joined the faculty in 2010 and served as the Dean from 2019 to 2022. He chairs the executive committee for the Federalist Society's Practice Group on Professional Responsibility and Legal Education.
Before entering the legal academy, Professor McGinniss served for twelve years as a Disciplinary Counsel for the Supreme Court of Delaware. He currently teaches courses on Professional Responsibility, Advanced Legal Ethics, Civil Procedure, and Federal Courts. He also serves as Faculty Advisor for the North Dakota Law Review and the UND Law Federalist Society student chapter.
Professor McGinniss’ research and scholarship interests are wide-ranging and include lawyer and judicial ethics, lawyer discipline and regulation of the profession, constitutional law (especially First Amendment, separation of powers, and federalism), and cultural challenges faced by conservatives in the law schools and the legal profession. His most recent law review article, Declaring Independence to Secure Integrity: The Supreme Court Justices' Code of Conduct, was published in the Federalist Society Review. His article Expressing Conscience with Candor: Saint Thomas More and First Freedoms in the Legal Profession, was published in the Harvard Journal of Law & Public Policy.
Professor McGinniss has spoken to Federalist Society lawyer and student chapters across the country about judicial independence and ethics, especially relating to the federal courts and the United States Supreme Court Justices. In addition, he has spoken to several chapters about rising challenges to ideological diversity and targeting of conservative viewpoints in law schools and the legal profession. Although he is very pleased to speak on these and many other topics that may be of interest to lawyer and student chapters, in 2026-2027, he has particular interest in speaking on the topic “Lawyer Discipline as Political ‘Resistance’: Separation of Powers, Federalism, and the Rule of Law,” concerning his work-in-progress on the weaponization of professional disciplinary processes against conservative lawyers for political and ideological purposes.
Associate Justice, New Hampshire Supreme Court
Law Clerk, U.S. District Court for the District of New Hampshire
Associate Dean for Academic Affairs and Professor of Law, Ave Maria School of Law
Antony “Tony” Kolenc joined the Ave Maria School of Law faculty in 2022 as the Director of the Veterans and Servicemembers Law Clinic (VSLC), which gives students the opportunity to help those who have served in the U.S. Armed Forces, representing them in litigation, administrative proceedings, and veterans treatment courts. Professor Kolenc taught in several law schools after serving over 21 years in the United States Air Force, retiring as a Lieutenant Colonel from the Judge Advocate General’s (JAG) Corps. During his career as a JAG, he litigated both civil and criminal cases before trial and appellate courts, including the Court of Appeals for the Armed Forces and the U.S. Court of Appeals for the Tenth Circuit. He has also taught at the United States Air Force Academy in Colorado Springs and Florida Coastal School of Law as a tenured professor.
Professor Kolenc received his Juris Doctor degree in 1999, graduating at the top of his class from the University of Florida Levin College of Law. While there, he served as a senior editor on the Florida Law Review and as a competitor and coach on the Justice Campbell Thornal Moot Court Board. He also earned his Master of Arts degree in Theology and Christian Ministry from the Franciscan University of Steubenville. His professional writings have focused on matters of constitutional law and military policy, especially focusing on Freedom of Religion. His articles have appeared in several academic legal journals and magazines. He also writes a regular legal column for homeschooling families in Practical Homeschooling Magazine and has penned an award-winning historical fiction trilogy for teens. He and his wife, Alisa, homeschooled their five children. You can learn more about him at www.antonykolenc.com.
Senior Counsel, First Liberty Institute
Christopher J. Motz serves as Senior Counsel with First Liberty Institute. His practice focuses on First Amendment free exercise and Establishment Clause rights of United States service members domestically and internationally, chaplains of varying denominations, veterans, and defense industry contractors. He has also represented Catholic bishops and priests against state officials.
Chris currently serves part-time as a judge advocate in the Air Force Reserve Component, holding the rank of lieutenant colonel. Prior to that, he served as a Marine infantry officer, leading Marines on several combat tours. He has been forward deployed alongside soldiers, sailors, Marines, airmen, and Coast Guardsmen. His advocacy for the religious rights of service members has been published in the Wall Street Journal.
Before joining First Liberty, Chris served as general counsel and chief of staff to a Catholic diocese, where he led the Catholic Church’s efforts to oppose a state constitutional ballot measure reinstating Roe v. Wade, achieving a record-setting 18-point victory, a nationwide first in the wake of the Dobbs decision. Earlier in his career, he led a state Catholic conference, where he steered the successful passage of a state religious freedom restoration act. A member of the Knights of Columbus, he is a past member of the National Diocesan Attorneys Association and the National Association of State Catholic Conference Directors.
He graduated cum laude from the University of St. Thomas School of Law, where he served as editor-in-chief of the Journal of Law and Public Policy, represented a Messianic Jewish prisoner before the U.S. Court of Appeals for the Ninth Circuit with the school’s Religious Liberty Appellate Clinic, and published articles on attorney ethics and legal issues around drone strikes.
Chief Defense Counsel, U.S. Marine Corps
Colonel Iain Pedden currently serves as Chief Defense Counsel of the Marine Corps. His career experience includes trial and appellate litigation, academic instruction, constitutional advocacy, and service-level policy development within the military justice system.
Colonel Pedden’s recent litigation background includes serving as Director of the Appellate Government Division for the Navy and Marine Corps, where he led the representation of the United States in all criminal appeals within the Department of the Navy. He previously served as Chief Victims' Legal Counsel of the Marine Corps, Senior Defense Counsel, and Trial Counsel. His foundational appellate experience includes service as a clerk drafting briefs for the Illinois Attorney General’s Criminal Appeals Division in cases before the Illinois Supreme Court, the Seventh Circuit, and the United States Supreme Court.
Apart from litigation assignments, Colonel Pedden served as Associate Professor of Criminal Law at the U.S. Army Judge Advocate General’s Legal Center and School, teaching evidence and constitutional law. He later served as Branch Head of Military Justice at Headquarters Marine Corps, advising senior leaders on federal legislation, implementing the Military Justice Act of 2016, and drafting policy on criminal justice data-sharing protocols with the FBI. His operational assignments include a combat deployment to Afghanistan and service as a Staff Judge Advocate (general counsel) to the 26th Marine Expeditionary Unit. He went on to command Marines providing security at diplomatic facilities in Scandinavia, Western Europe and the Mediterranean.
Colonel Pedden holds an M.S. from the National War College, an LL.M. (International Law) from the U.S. Army JAG School, and a J.D. from Loyola University Chicago. He holds certifications as Victims’ Legal Counsel and military judge and is admitted to practice in Illinois and before the Navy-Marine Corps Court of Criminal Appeals and the U.S. Court of Appeals for the Armed Forces.
Colonel Pedden’s participation in programming, unless noted otherwise, is in his personal capacity. The views expressed are those of the speaker and do not necessarily represent the views of the Department of War, the Department of the Navy, the Marine Corps, or the U.S. Government.
Special Counsel, Office of the Secretary of Defense, U.S. Department of Defense
Senior Counsel, First Liberty Institute
Jordan Lorence is Senior Counsel in FLI’s Washington, D.C. office, where he represents First Liberty in strategic efforts promoting religious liberty, and works on important First Amendment projects and litigation, including those at the U.S. Supreme Court.
Lorence has a long career of litigating religious liberty cases since 1984. He has worked for many public interest law firms, including Alliance Defending Freedom, Home School Legal Defense Association, the North Star Legal Center and Concerned Women for America.
He has worked on important religious liberty cases. Lorence worked on school choice cases at the Supreme Court, such as Witters v. Washington Department of Services for the Blind (1986), and Trinity Lutheran (2016), which laid the foundation for First Liberty’s crucial win in Carson v. Makin (2022), requiring Maine to include religious schools in its school choice program.
Lorence argued before the U.S. Supreme Court in Regents of the University of Wisconsin v. Southworth (2000). He represented prolife Christian law students from the University of Wisconsin Law School who objected to the University’s requirement that they pay a mandatory student fee that funded the advocacy of student pro-abortion groups. Other Supreme Court cases Lorence has worked on include NIFLA v. Becerra (2018), protecting prolife pregnancy centers from a California statute requiring them to post signs explaining how pregnant women could obtain state-funded abortions; Masterpiece Cakeshop (2017), involving a Christian cake artist sued by the State of Colorado for declining to design a case celebrating the wedding of a same-sex couple and other cases such as Christian Legal Society v. Martinez (2012), Rosenberger v. University of Virginia (1995), Hurley v. GLIB (1995) and Lamb’s Chapel v. Center Moriches Center Moriches School District (1993).
Churches and other religious groups in New York City obtained the right to rent vacant public schools on weekends to conduct worship services after Lorence’s tenacious 20 years of litigation in Bronx Household of Faith. Lorence won protection for churches facing eviction from discriminatory zoning ordinances in Minnesota in Cornerstone Bible Church v. City of Hastings, Minnesota (1991). He also argued at the New Mexico Supreme Court one of the first cases in the nation defending a Christian wedding photographer charged by the State of New Mexico with discrimination for declining to create photos celebrating the commitment ceremony of a lesbian couple in Elane Photography v. Willock (2013).
Lorence defended home schooling families from intrusive school officials during his time working at Home School Legal Defense Association (HSLDA) in the 1980s and 1990s. HSLDA also tasked Lorence with establishing a sister organization in Canada to protect home schooling families there. He traveled extensively in Canada from British Columbia to Prince Edward Island speaking to families how they could protect their right to home school under relevant Canadian law.
Lorence earned his undergraduate degree in journalism from Stanford University and his law degree from the University of Minnesota, his home state. Lorence was born and raised in Minnesota, where he worked one summer building Mighty Dump trucks at Tonka Toys in Mound, Minnesota. For two years immediately after he graduated from law school, Lorence served as the head administrator for a Minnesota Senate committee.
He speaks extensively on First Amendment and other legal issues. Lorence has spoken at least 75 law schools and many legal conferences. Prominent publications such as the Wall Street Journal, the Washington Post and others have printed his opinion pieces on key legal issues involving religious liberty and freedom of speech. He has appeared on such media outlets as Fox News, CNN, National Public Radio, NBC’s Today Show, BBC radio and many others.
Lorence and his wife Marilyn have been married 40 years. They live in the Washington, D.C. area where they raised their seven children.
Director of Property Rights Litigation, Pacific Legal Foundation
Robert Thomas is Pacific Legal Foundation’s director of its Property Rights practice group. He is an expert on property rights, takings, land use, and eminent domain issues.
After more than three decades in private practice in Hawaii and California representing property owners in takings, eminent domain, and land use cases, Robert joined PLF’s team of freedom fighters in 2021.
He has litigated cases in both state and federal court. As counsel for the property owners in County of Hawaii v. C&J Coupe Family Limited Partnership, he helped establish the rule that courts are not mere “rubber stamps” when a local government is taking property by eminent domain. Another case, Hamilton ex rel. Lethem v. Lethem, held that a parent’s liberty interest in raising and disciplining his child included a right to fair procedures, including notice and a judicial hearing before the family court could restrict parent-child contact.
Robert is a frequent speaker on property rights, takings, land use, and eminent domain issues nationwide. He also regularly publishes scholarly and practical articles in his area of practice, most recently including, “Hoist the Yellow Flag and Spam® Up: The Separation of Powers Limitation on Hawaii’s Emergency Authority”, 43 U. Haw. L. Rev. 71 (2020) and “Evaluating Emergency Takings: Flattening the Economic Curve”, 29 Wm. & Mary Bill Rts. J. 1145 (2021).
An elected member of the American Law Institute, Robert received his LLM, with honors, from Columbia Law School, where he was a Harlan Fiske Stone Scholar, and his JD from the University of Hawaii School of Law, where he served as editor of the Law Review. He also serves as the inaugural Joseph T. Waldo Visiting Chair in Property Rights Law at William & Mary Law School in Williamsburg, Virginia, where he teaches upper-division courses in eminent domain, land use, property rights, and property law.
When he’s not working, you might find Robert writing and publishing his blog on land use, property, and takings law, inversecondemnation.com, one of the most widely read blogs on those subjects.
Richard E. Nelson Eminent Scholar Chair in Local Government Professor of Law, University of Florida Levin College of Law
Michael Allan Wolf joined the faculty of the University of Florida Levin College of Law in August, 2003, as the first occupant of the Richard E. Nelson Chair in Local Government Law. Professor Wolf has been teaching and writing for more than three decades in the areas of land-use planning, property, local government, constitutional, environmental, and urban revitalization law; and legal and constitutional history. He earned his B.A. degree from Emory University, his J.D. degree from the Georgetown University Law Center, and his A.M. (history) and Ph.D. (History of American Civilization) degrees from Harvard University. Professor Wolf, who was Professor of Law and History at the University of Richmond, held his first law teaching appointment at Oklahoma City University and has also served as a visiting professor, first at the University of Richmond, then at American University.
Since 2000, Professor Wolf has been the General Editor of Powell on Real Property (17 volumes), the most prominent treatise in the area that is regularly cited by state and federal courts. Other recent books include Land Use Law (with Daniel R. Mandelker, 2015-), The Supreme Court and the Environment: The Reluctant Protector (2012), Land Use Planning and the Environment: A Casebook (with Charles M. Haar, 2010), Powell on Real Property: Michael Allan Wolf Desk Edition (a one-volume abridgement of the treatise, 2009), The Zoning of America: Euclid v. Ambler (2008), and Strategies for Environmental Success in an Uncertain Judicial Climate (editor and contributor, 2005). His writings have also appeared in a wide variety of law and law-related journals (including the Harvard Law Review, Michigan Law Review, and Fordham Law Review), many of them contributions to symposia on topics in land-use regulation, environmental law, eminent domain, and regulatory takings. His commentaries have been featured in national newspapers and on National Public Radio.