The Future of the Electoral College
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Author, The Indispensable Electoral College: How the Founders’ Plan Saves Our Country from Mob Rule and Enlightened Democracy: The Case for the Electoral College
Tara Ross is nationally recognized for her expertise on the Electoral College. She is the author of Why We Need the Electoral College (2019), The Indispensable Electoral College: How the Founders’ Plan Saves Our Country from Mob Rule (2017), We Elect A President: The Story of our Electoral College (2016), and Enlightened Democracy: The Case for the Electoral College (2d ed. 2012). She is also the author of She Fought Too: Stories of Revolutionary War Heroines (2019), and a co-author of Under God: George Washington and the Question of Church and State (2008) (with Joseph C. Smith, Jr.). Her Prager University video, Do You Understand the Electoral College?, is Prager’s most-viewed video ever, with more than 60 million views.
Tara often appears as a guest on a variety of talk shows nationwide, and she regularly addresses civic, university, and legal audiences. She’s contributed to several law reviews and newspapers, including the National Law Journal, USA Today, the Washington Examiner, The Hill, The Washington Times, and FoxNews.com. She’s appeared before institutions such as the Cooper Union, Brown University, the Dole Institute of Politics, and Mount Vernon. She’s appeared on Fox News, CSPAN, NPR, and a variety of other national and local shows.
Tara is a retired lawyer and a former Editor-in-Chief of the Texas Review of Law & Politics. She obtained her B.A. from Rice University and her J.D. from the University of Texas School of Law. She resides in Dallas with her husband and children.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Senior Counsel, The Becket Fund for Religious Liberty
Senior Counsel Hannah Smith joined Becket in 2007 following two clerkships at the U.S. Supreme Court for Justices Clarence Thomas and Samuel A. Alito, Jr.
Ms. Smith was a member of the Becket legal team that secured victories in key U.S. Supreme Court religious liberty cases, including Holt v. Hobbs, 574 U.S. ___ (Jan. 20, 2015), where a unanimous Court held in an opinion authored by Justice Alito that the Religious Land Use and Institutionalized Persons Act requires prison officials to accommodate peaceful expressions of religious devotion; Burwell v. Hobby Lobby, 134 S. Ct. 2751 (June 30, 2014), where the Court held in a 5-4 opinion authored by Justice Alito that family-owned businesses enjoy religious liberty rights under the Religious Freedom Restoration Act and that the HHS mandate violated the Act; and Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 132 S. Ct. 694 (2012), where a unanimous Court held in an opinion authored by Chief Justice Roberts that the “ministerial exception” under the First Amendment protects a church’s right to choose its own ministers.
Ms. Smith contributed to Becket's Supreme Court filings in Little Sisters of the Poor v. Burwell (2015); Houston Baptist University v. Burwell (2015); Stormans v. Wiesman (2015); Michigan Catholic Conference v. Burwell (2015); Obergefell v. Hodges (2015); University of Notre Dame v. Burwell (2014); Wheaton College v. Burwell, 134 S. Ct. 2806 (2014); Little Sisters of the Poor v. Sebelius, 134 S. Ct. 1022 (2014); Bronx Household of Faith v. New York City Board of Education (2014), Elmbrook School District v. Doe (2014), Big Sky Colony v. Montana Department of Labor and Industry (2013), Sossamon v. Texas (2011), Arizona Christian School Tuition Association v. Winn (2011), Bronx Household of Faith v. New York City Board of Education (2011), Utah Highway Patrol Association v. American Atheists (2011), Christian Legal Society v. Martinez (2010), and Salazar v. Buono (2010).
Ms. Smith has been featured on CNN, Fox News, The O'Reilly Factor, The Sean Hannity Show, C-Span, EWTN, Al Jazeera America, the Wall Street Journal, the Washington Post, the Los Angeles Times, U.S. News and World Report, the Associated Press, National Review Online, Bloomberg News, NPR, BBC, the Laura Ingraham Show, the Rush Limbaugh Show, the Hugh Hewitt Show, BYU Radio, and many other publications and radio shows. She has been invited to speak on religious liberty at Harvard Law School, Princeton University, Stanford Law School, University of Pennsylvania Law School, Southern Methodist University Law School, Brigham Young University Law School, American University Washington College of the Law, and Central European University. And she has given briefings on religious liberty issues at the U.S. Capitol, the State Department, the Heritage Foundation, the Ethics and Public Policy Center, the Federalist Society for Law and Public Policy Studies, the American Bar Association, and the National Constitution Center.
Ms. Smith received her B.A. from Princeton University, concentrating in the Woodrow Wilson School of Public and International Affairs. She graduated with honors from Brigham Young University Law School and was elected to the Order of the Coif. She served as Executive Editor of the BYU Law Review, as a research assistant for the BYU International Center for Law and Religion Studies, and as president of the BYU Federalist Society. BYU awarded her its Alumni Achievement Award for her work in the defense of religious freedom. Ms. Smith also received the J. Reuben Clark Law Society's Women-in-Law Leadership Award for her national leadership in defending religious liberty and advancing the contributions of Mormon women to the law.
Following law school and in between clerkships, she was an associate in private practice at Williams & Connolly and Sidley Austin in Washington D.C., representing clients before state and federal courts and the U.S. Supreme Court in civil, criminal, and constitutional cases. Her private practice religious liberty work included the U.S. Supreme Court petition for certiorari in Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints v. First Unitarian Church of Salt Lake City (2003), as well as matters on behalf of Brigham Young University, the Church of Jesus Christ of Latter-day Saints, and the Roman Catholic Archdiocese of Washington D.C.
Ms. Smith served as a full-time volunteer missionary for the Church of Jesus Christ of Latter-day Saints in France and Switzerland. She currently serves as a member of the J. Reuben Clark Law Society International Board and as a member of the Deseret News Editorial Advisory Board. She writes on religious liberty issues in the Deseret News. Hannah and her husband John are happily married with 4 wonderful children.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Former Congressman, Vice-President, U.S. Association of Former Members of Congress
The Honorable Martin Frost served in the U.S. House of Representatives from 1979-2005.
With 26 years of legislative experience, he is regarded as a preeminent political analyst among his peers. He held numerous leadership positions in his party and is also considered to be one of its top strategists, an innovative lawmaker who is able to craft bipartisan legislation, and a strong fundraiser for fellow Democrats. He is also the co-author, with Congressman Tom Davis (V-RA) of The PARTISAN DIVIDE: Congress in Crisis, which looks at how to solve the gridlock in Washington. In his presentations, Martin Frost addresses our current political climate, what to expect from Congress after the election, and what it takes to achieve bi-partisan cooperation.n, and what it takes to achieve bi-partisan cooperation.
Early in his political career, Frost served six years on the House Budget Committee and was chairman of the Health Task Force from 1985–1988. During the 1996 and 1998 elections, Frost was the chair of the Democratic Congressional Campaign Committee, a position he utilized to help his party gain 14 seats in the House. In 1999, he earned the distinguished role of chairman of the House Democratic Caucus, the party’s third-highest leadership role. During his last term, Frost held noteworthy positions as the ranking member of the House Rules Committee and highest ranking Southerner in the House Democratic Leadership. He was also the senior southern democrat in the House and the dean of the Texas congressional delegation.
Frost earned his bachelor’s degree in journalism and history from the University of Missouri-Columbia. Following his graduation from Georgetown Law School, he practiced in Dallas until his election in 1978. In 2005, Frost was a fellow at the Institute of Politics at the John F. Kennedy School of Government at Harvard, and in 2006, the Woodrow Wilson International Center for Scholars named him a public policy scholar.
Trustee Professor of Law, New York Law School
From 1972-79, Schoenbrod served as one of the leaders of the Natural Resources Defense Council, where he campaigned to reduce lead in gasoline, resurrect the then-decrepit New York City subway, and protect the environment of Puerto Rico. Previously, he was Director of Program Development at the community development project that Senator Robert Kennedy established in Bedford Stuyvesant. He has also been a senior fellow at the Cato Institute and the American Enterprise Institute.
His books include
D.C. Confidential: Inside the Five Tricks of Washington (Encounter Books, 2017) with forewords by Governor Howard Dean and Senator Mike Lee;
Breaking the Logjam: Environmental Protection That Will Work (Yale University Press, 2010)(with Richard B. Stewart and Katrina M. Wyman);
Saving Our Environment from Washington: How Congress Grabs Power, Shirks Responsibility, and Shortchanges the People (Yale University Press, 2005);
Democracy by Decree: What Happens When Courts Run Government (Yale University Press, 2003) (with Ross Sandler); and
Power Without Responsibility: How Congress Abuses the People Through Delegation (Yale University Press, 1993).
In addition to writing scholarly articles, he has frequently contributed opinion pieces to the Wall Street Journal, The Hill, the New York Times, and other publications.
He has an undergraduate degree from Yale College, a graduate degree in economics from Oxford University, which he attended as a Marshall Scholar, and a law degree from Yale Law School.
Laurence H. Silberman Chair in Constitutional Governance, American Enterprise Institute; Executive Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. He also directs the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
He writes on regulation and constitutional government for a variety of publications. He practiced law in Washington, D.C., after clerking for the D.C. Circuit's Judge David Sentelle. He also has been chairman of the ABA's Administrative Law Section.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court.
Associate Professor of Law, The Ohio State University Moritz College of Law
Associate Dean for Faculty and Intellectual Life, Ohio State University Moritz College of Law
Ric Simmons is the Associate Dean for Faculty and Intellectual Life and the Jacob E. Davis and Jacob E. Davis II Chair in Law at Moritz. He teaches Evidence, Criminal Law, Criminal Procedure, and Computer Crime and Surveillance.
An accomplished legal scholar, Professor Simmons’ research focuses on the intersection of the Fourth Amendment and new technology. He has written about the use of big data in the criminal justice system, searches of cell phones and other electronic devices, and hyper-intrusive surveillance devices. He has also written about the privatization of the criminal justice system and the role of the prosecutor. Professor Simmons is the author of Smart Surveillance: How to Interpret the Fourth Amendment in the Twenty-First Century (Cambridge Press 2019), and Private Criminal Justice: How Private Parties are Enforcing Criminal Law and Transforming Our Justice System (2023), and he has co-authored four casebooks and two hornbooks. His scholarship has also appeared in leading legal journals, including the Duke Law Journal, the Boston University Law Review, and the George Washington Law Review.
Before coming to Moritz, Simmons was an acting assistant professor at New York University School of Law. Before that, he clerked for the Honorable Laughlin E. Waters of the Central District of California and then served for four years as an assistant district attorney for New York County.
Professor Simmons is a national expert on the grand jury and served on the Ohio Supreme Court’s Grand Jury Task Force. He has also been a recipient of the Ohio State University Alumni Award for Distinguished Teaching and has won the Morgan E. Shipman Outstanding Professor Award six times.
Associate Dean for Faculty; Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law, The Ohio State University Mortiz College of Law
Professor Daniel Tokaji is an authority on the law of elections and democracy. He teaches courses on Election Law, Civil Rights, Civil Procedure, Comparative Law, Constitutional Law, Federal Courts, Legislation and Regulation, and the U.S. Legal System. His scholarship addresses questions of voting rights, racial justice, free speech, and the role of the courts in American democracy.
Professor Tokaji is the author of Election Law in a Nutshell (2d ed. 2016), and co-author of Election Law: Cases and Materials (6th ed. 2017) and The New Soft Money (2014). He has written numerous articles and book chapters on a wide variety of election and voting issues, including voting rights, voter ID, voter registration, redistricting, campaign finance regulation. Recent articles include “Gerrymandering and Association,” 59 William & Mary Law Review 2159 (2018), and “Denying Systemic Equality: The Last Words of the Kennedy Court,” 13 Harvard Law & Policy Review 539 (2019). His current research focuses on the challenges facing democracies around the globe, including the free speech issues surrounding digital disinformation and the need for trustworthy electoral institutions.
Media outlets frequently seek Professor Tokaji’s expertise on election and voting issues. He has been quoted in The New York Times, Los Angeles Times, The Columbus Dispatch, USA TODAY, and appeared on TODAY, FOX News, NBC News, and National Public Radio and many other media outlets.
A graduate of Harvard College and the Yale Law School, Professor Tokaji clerked for the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. Before arriving at Ohio State, he was a staff attorney with the ACLU Foundation of Southern California and Chair of California Common Cause.
Professor Tokaji has litigated many civil rights, civil liberties, and election law cases. He was lead counsel in a case that struck down an Ohio law requiring naturalized citizens to produce a certificate of naturalization when challenged at the polls. He also served as counsel in litigation challenging the state’s voting purges. He was also an attorney for plaintiffs in cases that kept open the window for simultaneous registration and early voting in Ohio’s 2008 general election, and that challenged punch-card voting systems in Ohio and California after the 2000 election.
Dean and Iwan Foundation Professor of Law, University of Illinois College of Law
Dean Amar joined the College of Law as its dean in 2015, after having been a professor of law for many years at law schools in the University of California System, most recently the UC Davis School of Law, where he served as Senior Associate Dean for Academic Affairs. Amar is one of the most eminent and frequently cited authorities in constitutional law, federal courts, and civil procedure. He has produced several books and over 60 articles in leading law reviews. He is a co-author (along with Akhil Reed Amar and Steven Calabresi) of the upcoming edition of the six-volume Treatise on Constitutional Law (West Publishing Co., 6th ed. 2021) pioneered by Ron Rotunda and John Nowak, as well as the hardbound and soft-cover one-volume hornbooks that derive from it. He is also a co-author (along with Jonathan Varat) of Constitutional Law: Cases and Materials (Foundation Press, 15th ed. 2017), a co-author on multiple volumes of the Wright & Miller Federal Practice and Procedure Treatise (West Publishing Co. 2006), and a co-author (along with John Oakley) of a one-volume treatise on American Civil Procedure (Kluwer, 2008). He writes a biweekly column on constitutional matters for Justia.com and a monthly column on legal education for abovethelaw.com, is a frequent commentator on local and national radio and TV, and has penned dozens of op-ed pieces for major newspapers and magazines.
A strong proponent of public and professional engagement, Amar is an elected member of the American Law Institute and has served as a consultant for, among others, the National Association of Attorneys General, the United States Department of Justice, the California Attorney General’s Office, the ACLU of Southern California, and the Center for Civic Education. For one year he chaired the Civil Procedure Section of the Association of American Law Schools.
Amar earned his bachelor’s degree from UC Berkeley and his juris doctor from Yale Law School, where he was an articles editor for the Yale Law Journal. He then clerked for Judge William A. Norris of the United States Court of Appeals for the Ninth Circuit and for Justice Harry A. Blackmun of the United States Supreme Court before joining Gibson, Dunn & Crutcher, where he handled a variety of complex civil and white-collar criminal matters. It appears that dean Amar was the first person of South Asian heritage to clerk at the U.S. Supreme Court, and was the first American-born person of Indian descent to serve as a dean of a major American law school. Follow Dean Amar’s bi-weekly column on Justia.com and his monthly column on Above the Law, and read archived posts from his FindLaw.com column.
Professor of Law, Notre Dame Law School
Professor Derek Muller is a nationally-recognized scholar in the field of election law. His research focuses on the role of states in the administration of federal elections, the constitutional contours of voting rights and election administration, the limits of judicial power in the domain of elections, and the Electoral College.
He has published more than two dozen academic works, and his op-eds have appeared in the New York Times, the Los Angeles Times, and the Wall Street Journal. He has testified before Congress, and he is a contributor at the Election Law Blog. He is a co-author on a Federal Courts casebook published by Carolina Academic Press. He is also the co-reporter on a new Restatement of the Law, Election Litigation, an effort led by the American Law Institute.
Professor Muller teaches Election Law, Civil Procedure, and Evidence.
Senior Attorney, Institute for Justice
Paul Avelar is the Managing Attorney of the Institute for Justice Arizona Office. He joined the Institute in March 2010 and litigates free speech, property rights, economic liberty, school choice and other constitutional cases in federal and state courts.
As the head of IJ’s national Braiding Freedom Initiative, Paul represents natural hair braiders across the country to protect their right to earn an honest living. The Initiative uses lawsuits, activism and research to remove laws that require potential braiders to undergo hundreds of costly training hours just to braid hair. Since IJ launched the Braiding Freedom Initiative in 2014, 12 additional states have freed braiders from unnecessary licensing burdens. Paul drafted the model Natural Hair Braiding Protection Act, which has been adopted in Arkansas, Indiana, Iowa, Kentucky, Nebraska, New Hampshire, Texas and South Dakota. He is currently representing braiders in Missouri, where state laws infringe upon their right to earn an honest living.
In his free speech work, Paul has challenged numerous laws that trample First Amendment rights. In Arizona Freedom Club PAC v. Bennett, he represented candidates and independent groups in a successful U.S. Supreme Court challenge to the “matching funds” provision of Arizona’s publicly financed elections system. He represented grassroots groups and individuals in Arizona, Mississippi and Washington, where state laws burdened their political speech by requiring them to register with the government, to navigate complex regulations and to face fines and possible criminal penalties merely because they talked about political issues. In Washington, Paul protected a lawyer’s right to defend, pro-bono, the First Amendment rights of political speakers. Through litigation and legislation, Paul leads the fight against abusive civil forfeiture laws in Arizona and elsewhere.
Paul also co-authored the most comprehensive published study of economic liberty protections in the Arizona Constitution. The Chief Justice of the Arizona Supreme Court appointed Paul to the Task Force on the Review of the Role and Governance Structure of the State Bar of Arizona, where he dissented from the majority report and called on leaders to substantially reform the Bar and state regulation of the practice of law. He often speaks at law schools across the country about constitutional issues and his work at IJ.
Prior to joining IJ-AZ, Paul worked as an attorney in Philadelphia. He clerked for Judge Roger Miner on the 2nd U.S. Circuit Court of Appeals, Justice Andrew Hurwitz on the Arizona Supreme Court, and Judge Daniel Barker on the Arizona Court of Appeals.
Paul graduated manga cum laude from the Arizona State University College of Law in 2004 and was elected to the Order of the Coif. He received his undergraduate degree from Princeton University in 2000.
U.S. District Court, District of Arizona
John Tuchi is a federal judge for the United States District Court for the District of Arizona. Prior to joining the court, he was an assistant U.S. attorney for the District of Arizona.
Adjunct Professor, Sandra Day O'Connor College of Law
Wayne A. Abernathy, Wild Bells
Wayne A. Abernathy is a former U.S. Treasury Assistant Secretary for Financial Institutions under President George W. Bush, receiving the Alexander Hamilton Award in recognition of his service. In that office he was also a member of the Board of Directors of the Securities Investor Protection Corporation. Prior to his work at the Treasury, Mr. Abernathy served as Staff Director of the Senate Banking Committee, under Chairman Phil Gramm.
Following his service at the Treasury, Mr. Abernathy worked for 15 years on the staff of the American Bankers Association, as Executive Vice President for Financial Institutions Policy and Regulatory Affairs.
Previous experience with the Senate Banking Committee includes serving as Staff Director of the Subcommittee on Securities during 1995-1998. From 1989 until 1994, Mr. Abernathy was a Republican economist for the committee. He previously worked as a senior legislative assistant for Senator Gramm during 1987-1989 and as an economist for the Banking Committee’s Subcommittee on International Finance and Monetary Policy during 1981-1986, under Chairman Jake Garn.
Mr. Abernathy earned his bachelor’s degree in International Studies from The Johns Hopkins University in 1978. In 1980, he received a master’s degree in International Studies from the School of Advanced International Studies of The Johns Hopkins University.
Retired, Winston & Strawn LLP
Jerry Loeser is of counsel in the Chicago office of Winston & Strawn, and his practice focuses on banking regulation. He has extensive experience in counseling financial services clients on, among other things, bank acquisitions, privacy, financial modernization, the USA PATRIOT Act, Basel II and III, lending limits, capital, trust, affiliate transactions, and Federal Reserve, OCC, FDIC, and CFPB regulations.
Prior to working at large corporate law firms, Jerry was chief regulatory and compliance counsel for Comerica Bank, where he also served as senior vice president and deputy general counsel and as general counsel of its retail bank division. Before that, he served as chief regulatory in-house counsel at Wells Fargo & Co. Jerry began his legal career advising the Board of Governors of the Federal Reserve System in Washington, D.C.