Kicking the ACA “Habit”: Free Exercise, RFRA, and The Little Sisters of the Poor
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Professor of Law, High Point School of Law
Scott Gaylord directs High Point Law’s Appellate Litigation Clinic and serves as a Professor of Law, teaching Constitutional Law and related upper-level elective courses. The Appellate Clinic works with students to write and file briefs in significant court cases, including appeals before the United States Supreme Court.
Professor Gaylord is a prominent Constitutional Law scholar with an impressive background in both academia and legal practice. He has authored or co-authored 18 substantial law review articles, co-authored a Constitutional Law casebook, and has written more than 35 amicus briefs to the U.S. Supreme Court and federal circuit courts on prominent national cases involving religious liberty and free speech. He is a frequent speaker on constitutional law and First Amendment topics at law schools across the country and has regularly provided commentary on ongoing constitutional issues to national media outlets, including th eNew York Times, USA Today, the Diane Rehm Show, NPR, The National Constitution Center, and Bloomberg Law.
Professor Gaylord also started an appellate advocacy clinic at his former law school and currently serves on the North Carolina Chief Justice’s Commission on Professionalism, along with holding many other service and leadership roles. Prior to joining the academy in 2007, he practiced complex civil and commercial litigation with the Charlotte firm of Robinson Bradshaw & Hinson, and he clerked for Judge Edith H. Jones on the United States Court of Appeals for the Fifth Circuit.
Professor Gaylord earned his B.A. in philosophy and English, summa cum laude, from Colgate University, his Ph.D. in philosophy from the University of North Carolina at Chapel Hill, and his J.D. from Notre Dame Law School, where he also graduated summa cum laude.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Professor of Law, High Point School of Law
Scott Gaylord directs High Point Law’s Appellate Litigation Clinic and serves as a Professor of Law, teaching Constitutional Law and related upper-level elective courses. The Appellate Clinic works with students to write and file briefs in significant court cases, including appeals before the United States Supreme Court.
Professor Gaylord is a prominent Constitutional Law scholar with an impressive background in both academia and legal practice. He has authored or co-authored 18 substantial law review articles, co-authored a Constitutional Law casebook, and has written more than 35 amicus briefs to the U.S. Supreme Court and federal circuit courts on prominent national cases involving religious liberty and free speech. He is a frequent speaker on constitutional law and First Amendment topics at law schools across the country and has regularly provided commentary on ongoing constitutional issues to national media outlets, including th eNew York Times, USA Today, the Diane Rehm Show, NPR, The National Constitution Center, and Bloomberg Law.
Professor Gaylord also started an appellate advocacy clinic at his former law school and currently serves on the North Carolina Chief Justice’s Commission on Professionalism, along with holding many other service and leadership roles. Prior to joining the academy in 2007, he practiced complex civil and commercial litigation with the Charlotte firm of Robinson Bradshaw & Hinson, and he clerked for Judge Edith H. Jones on the United States Court of Appeals for the Fifth Circuit.
Professor Gaylord earned his B.A. in philosophy and English, summa cum laude, from Colgate University, his Ph.D. in philosophy from the University of North Carolina at Chapel Hill, and his J.D. from Notre Dame Law School, where he also graduated summa cum laude.
Judge, United States Court of Appeals for the Eleventh Circuit
Andrew Brasher served as a United States District Judge for the Middle District of Alabama. Before taking the bench in May 2019, Judge Brasher was the Solicitor General of the State of Alabama, where he argued cases before the United States Supreme Court, the United States Court of Appeals for the Eleventh Circuit, and the Alabama Supreme Court. He previously served for several years as the Deputy Solicitor General and practiced in the litigation and white-collar criminal defense practice groups in the Birmingham, Alabama office of Bradley Arant Boult Cummings LLP. Upon graduation from law school, Judge Brasher served as a law clerk to Judge William H. Pryor Jr. of the United States Court of Appeals for the Eleventh Circuit. Judge Brasher earned his B.A., summa cum laude, from Samford University and his J.D., cum laude, from Harvard Law School, where he was a member of the Harvard Law Review.
Senior Attorney, DC, Pacific Legal Foundation
Steve Simpson joined PLF in 2019 to head up its Separation of Powers practice group.
Steve’s career in public interest law started at the Institute for Justice in 2001, where he litigated free speech, campaign finance, and economic liberty cases. Among other high-profile cases in which Steve was involved, he was co-counsel in Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, IJ’s successful Supreme Court challenge to Arizona’s public financing law for political campaigns. He was the lead litigator in SpeechNow.org v. FEC, a joint effort between IJ and the Institute for Free Speech that led to the creation of super PACs. And he was co-counsel in Swedenburg v. Kelly, IJ’s successful Supreme Court challenge to New York’s ban on the interstate shipping of wine.
In 2013, Steve moved into the policy arena as the Ayn Rand Institute’s director of Legal Studies, where he spent five years writing and speaking on a wide variety of legal and cultural issues. From there, he moved back into law as senior litigation counsel at the New Civil Liberties Alliance in Washington, D.C.
Steve has spoken and written on a wide variety of legal and policy issues. He has testified in Congress and briefed congressional staffers. He has been interviewed on scores of television and radio programs, including PBS News Hour, Stossel, and The Rubin Report. His writings have appeared in many publications, including The Wall Street Journal and The Washington Post. In 2014, Steve was a Lincoln Fellow at the Claremont Institute. He is the editor of Defending Free Speech (ARI Press, 2016).
Steve earned his law degree magna cum laude from New York Law School in 1994. Following law school, he clerked for a federal district judge in the Southern District of Florida and spent several years as a litigator at Shearman & Sterling.
When he’s not at work or spending time with his wife and three daughters, Steve can usually be found mucking around in the woods at his cabin on Shenandoah Mountain.
Chief Legal + Administrative Officer, Waystar Health
Matthew R. A. Heiman leads all legal and corporate governance matters for Waystar. Over the last two decades, he has worked in corporate and government sectors, gaining deep experience in the areas of corporate governance, litigation, risk management, security, and compliance.
Most recently, Matthew was Vice President, Corporate Secretary & Associate General Counsel at Johnson Controls where he helped establish a new corporate secretary department and led the integration of legal departments following the company’s merger with Tyco International. Prior to its merger with Johnson Controls, Matthew held a number of positions with Tyco International including Vice President, Chief Compliance & Audit Officer. Before Tyco, Matthew was a lawyer with the National Security Division at the U.S Department of Justice. He was a legal advisor to the Coalition Provisional Authority in Baghdad, Iraq and practiced as a trial lawyer with the law firm of McGuireWoods.
Matthew holds a BA and JD from Indiana University and is a member of the International Institute for Strategic Studies. He is a Senior Fellow at George Mason University’s National Security Institute.
Founder and Executive Director, National Security Institute; Assistant Professor of Law, Antonin Scalia Law School, George Mason University
Jamil N. Jaffer is the Founder and Executive Director of the National Security Institute at the Antonin Scalia Law School at George Mason University where he also serves as an Assistant Professor of Law, Director of the National Security Law and Policy Program, and Director of the Cyber, Intelligence, and National Security LLM Program. Jamil also teaches classes on counterterrorism, intelligence, surveillance, cybersecurity, and other national security matters, as well as a summer course held abroad with U.S. Supreme Court Justice Neil M. Gorsuch. Jamil is also affiliated with Stanford University’s Center for International Security and Cooperation and previously served as a Visiting Fellow at the Hoover Institution from 2016 to 2019.
Jamil is also a Venture Partner with Paladin Capital Group, where he assists the firm with investments across the full range of its themes and theses, including a focus on dual-use national security technologies. Jamil also serves on the board of directors of RangeForce, a cybersecurity training and readiness platform startup and Tozny, a digital identity startup, and on the advisory boards of U.S. Strategic Metals, North America’s largest primary producer of cobalt, a critical mineral used in EV batteries, aerospace, and other national security applications; and Constella Intelligence, a deep and dark web intelligence startup. Jamil also serves as an advisor to Beacon Global Strategies, a strategic advisory firm and Duco, a technology platform startup that connects corporations with geopolitical and international business experts. Jamil is also the managing director of Trigraph Caveat Capital, a private investment vehicle.
Among other things, Jamil currently serves on the Board of Directors for the Greater Washington Board of Trade, the Board of Advisors for the Global Cyber Alliance, and the Advisory Board of the Foundation for the Defense of Democracies’ Center on Cyber and Tech Innovation, the Executive Committee of the Reagan Institute Strategy Group. Jamil is also a Fellow at the Academy for Judaic, Christian, and Islamic Studies, an advisor to the Concordia Summit, and is a member of the Board of Directors for the Center for Intelligence Policy, the Board of Directors of Speech First, and the Executive Committee of the International Law and National Security Practice Group of the Federalist Society.
Immediately prior to his current positions, from 2015-2021, Jamil served as a senior business leader at IronNet Cybersecurity, helping take the company from a bootstrapped first-year technology products startup through two rounds of venture capital fundraising, growing from 40 employees to over 300, and through its listing on New York Stock Exchange. In his role as IronNet's Senior Vice President for Strategy, Partnerships & Corporate Development, Jamil worked directly for the co-CEOs of the company, Gen (ret.) Keith B. Alexander, the former Director of the National Security Agency and Founding Commander of U.S. Cyber Command, and Bill Welch, the former COO of Zscaler and Duo; in that role, Jamil led all of the company’s strategic and technology partnership efforts, including developing go-to-market and technology integration plans with some of the largest cloud platforms and cybersecurity companies in the market, evaluating potential acquisition targets, and developing overall corporate strategy and thought leadership around collective security and collaborative defense in the cyber arena.
Prior to his time at IronNet, Jamil served on the leadership team of the Senate Foreign Relations Committee as Chief Counsel and Senior Advisor under Chairman Bob Corker (R-TN), where he worked on key national security and foreign policy issues, including leading the drafting of the proposed Authorization for the Use of Military Force against ISIS in 2014 and 2015, the AUMF against Syria in 2013, and revisions to the 9/11 AUMF against al Qaeda. Jamil was also the lead architect of the Iran Nuclear Agreement Review Act and two sanctions laws against Russia for its first intervention in Ukraine.
Prior to joining SFRC, Jamil served as Senior Counsel to the House Permanent Select Committee on Intelligence under Chairman Mike Rogers (R-MI) where he led the committee’s oversight of NSA surveillance, NRO intelligence issues, and NGA analytic and collection matters, as well as intelligence community-wide counterterrorism issues. Jamil was also the lead architect of the Cyber Intelligence Sharing and Protection Act, the nation’s first cyber threat intelligence sharing legislation that was signed into law in 2015.
In the Bush Administration, Jamil served in the White House as an Associate Counsel to the President, handling Defense Department, State Department, and intelligence community matters, and serving as one of the White House Counsel’s primary representatives to the National Security Council Deputies Committee.
Prior to the White House, Jamil served on the leadership team of the Justice Department’s National Security Division as Counsel to the Assistant Attorney General for National Security, where he focused on counterterrorism and intelligence matters. At NSD, Jamil helped lead the division’s work on In re: Directives, the first ever two-party litigated matter in the FISA Court and the second case before the FISA Court of Review in its 30-year history. Jamil also led NSD’s efforts on the President’s Comprehensive National Cybersecurity Initiative (CNCI), including the drafting of NSPD-54/HSPD-23, and related classified matters, and advised the National Security Agency (NSA) and U.S. Cyber Command’s predecessor organization, the Joint Function Component Command for Network Warfare (JFCC-NW), on matters related to cyber intelligence collection and offensive cyber activities. For his work on these matters, Jamil was awarded the Assistant Attorney General’s Award for Special Initiative and was among the group of lawyers awarded the Director of National Intelligence’s 2008 Legal Award (Team of the Year – Cyber Legal).
Jamil also served in other positions in the Justice Department, including in the Office of Legal Policy, where he worked on the confirmations of Chief Justice John G. Roberts, Jr. and Justice Samuel A. Alito, Jr. to the United States Supreme Court.
Jamil also served as a lawyer in private practice at Kellogg Huber, a Washington, DC-based litigation boutique, as a policy advisor to Congressman Bob Goodlatte (R-VA), and as a staff member or senior advisor on a number of political campaigns, including two presidential campaigns and a presidential transition team. While in law school, Jamil was a member of the University of Chicago Law Review, managing editor of the Chicago Journal of International Law, and National Symposium Editor of the Harvard Journal of Law & Public Policy. Following law school, Jamil served as a law clerk to Judge Edith H. Jones of the United States Court of Appeals for the Fifth Circuit and, later in his career, as a law clerk to then-Judge Neil M. Gorsuch when he first joined the United States Court of Appeals for the Tenth Circuit as well as a law clerk to Justice Neil Gorsuch when he joined the U.S. Supreme Court.
Jamil has published multiple op-eds and academic articles on national security, foreign policy, cybersecurity, counterterrorism, encryption, and intelligence matters, and is the co-author of a book chapter with former NSA Director Gen. (Ret.) Keith B. Alexander on national security and the press in National Security, Leaks, and the Freedom of the Press: The Pentagon Papers Fifty Years On (2021) and a book chapter with former CIA Director Gen. (ret.) Mike Hayden on ISIS, al Qaeda, and other international terrorist groups in Choosing to Lead: American Foreign Policy for a Disordered World (2015). Jamil has also written book chapters on cybersecurity and surveillance, as well as op-eds and policy papers with former Attorney General Michael B. Mukasey, former National Counterterrorism Center Director Matt Olsen, and Congressman Mike Waltz (R-FL), among others.
Jamil has previously taught graduate-level courses in intelligence law and policy at George Washington University’s Elliott School of International Affairs and the National Intelligence University, served an outside advisor to the Cyberspace Solarium Commission, and has recently testified before committees of the U.S. Senate and House of Representatives on China, cybersecurity, counterterrorism, and other national security matters. Jamil has also recently appeared on a range of national television and radio outlets including CNN, Fox News, Fox Business, MSNBC, Bloomberg, PBS, Voice of America, and National Public Radio, and in various print and online publications, including the Wall Street Journal, New York Times, and the Washington Post on a range of national security matters including cybersecurity, counterterrorism, surveillance, encryption, privacy, and foreign policy issues.
Jamil holds degrees from UCLA (BA, cum laude), the University of Chicago Law School (JD, with honors), and the United States Naval War College (MA, with distinction).
Professor of Law, Roger Williams University School of Law
As an expert in National Security Law, Professor Peter Margulies focuses on the delicate balance between liberty, equality, and security in issues involving law and terrorism. Professor Margulies has written almost a dozen articles discussing the War on Terror. He currently works with RWU Law Professor Jared Goldstein, along with litigators from the law firm Edwards Angell Palmer & Dodge, in representing two Afghan detainees. Professor Margulies led a national conference entitled “Legal Dilemmas in A Dangerous World: Law, Terrorism and National Security” held at RWU.
Professor Margulies also has an extensive background in immigration law and has represented Haitian refugees and conducted outreach to community legal service providers.
Peter Marguiles teaches Immigration Law, National Security Law and Professional Responsibility. He has filed amicus briefs in high-visibility cases with the U.S. Supreme Court and has been frequently cited in the New York Times, the National Law Journal and other media outlets.
Managing Director, Lexpat Global Services
Adam R. Pearlman is the Founder and Managing Director of Lexpat Global Services, an international law and consulting services firm specializing in security, defense, investigations, compliance, and training. A Special Advisor to and member of the Executive Committee of the Federalist Society’s International and National Security Law Practice Group, he is National Security Law expert and a proven senior leader with more than fifteen years of experience across the U.S. Departments of Justice, Defense, and State, in the White House, and with the U.S. Federal Judiciary.
Most recently, he served as the Senior Advisor for Legal Policy in the State Department’s Bureau of Counterterrorism, where he counseled senior officials on matters covering the entire spectrum of programs and operations to counter terrorism and violent extremism. While participating in sensitive diplomatic engagements and helping to coordinate military operations, he also advised in the development of sanctions policy and initiatives to build legal and operational capacity in partner nations. Mr. Pearlman also managed the Bureau’s participation in federal litigation and led U.S. delegations in multilateral forums concerning criminal justice and rule of law.
A former Associate Deputy General Counsel of the Department of Defense, Mr. Pearlman was agency counsel for complex civil and criminal national security matters in federal and military courts, and led the Supreme Court and appellate unit of the team dedicated to litigating classified counterterrorism cases. His earlier service in the Department of Justice spanned four litigating divisions and the Office of the Deputy Attorney General. His diverse experience included reviewing complex international transactions and mergers, and advising on immigration removal proceedings, human rights abuses, and terrorist financing investigations. Mr. Pearlman also served with distinction in Iraq as an early advisor to the Iraqi High Tribunal’s prosecution of Saddam Hussein. He was a law clerk for The Honorable Royce C. Lamberth, and during law school interned in the White House Counsel’s Office.
Mr. Pearlman is a Term Member of the Council on Foreign Relations, a Visiting Fellow at the National Security Institute at George Mason University’s Antonin Scalia Law School, a member of the American Bar Association’s Africa Law Initiative Council, and a member of the Center for Strategic & International Studies’ Project on Nuclear Issues. He is a former National Security Fellow at the Foundation for Defense of Democracies, vice chairman of the ABA Section of International Law’s committees on national security, and aerospace and defense, and also previously served as a liaison to the Board of Directors of the ABA’s Rule of Law Initiative. He has been co-editor of the U.S. Intelligence Community Law Sourcebook since 2011 and has published articles in the Harvard National Security Journal, Stanford Law & Policy Review, and Intelligence & National Security.
Mr. Pearlman earned his B.A., with honors, from UCLA, and his J.D., with honors, from The George Washington University Law School, where he was a member of the International Law Review. He also earned a Master of Science of Strategic Intelligence degree from the National Intelligence University, where he was the inaugural recipient of the Kornblum Award for national security law and ethics. Mr. Pearlman speaks and reads Portuguese at the intermediate level and holds certificates in international human rights law from the University of Oxford and in U.S. and international anti-corruption law from American University’s Washington College of Law. He is admitted to the State Bars of California and Virginia, as well as to the Bar of the United States Supreme Court.
Fellow, National Security Institute, Antonin Scalia Law School, George Mason University
Vince Vitkowsky chaired the Executive Committee of the Federalist Society’s International and National Security Law and Policy Practice Group for over a decade. He is also a Fellow at the National Security Institute of George Mason University Law School. Vince spent 45 years in private practice, primarily in AmLaw 100/200 firms and their spin-offs. His practice included domestic and international commercial arbitration and litigation, as well as cyber risks and liabilities. Vince's current focus is on national security policy, artificial intelligence, cybersecurity, and counterterrorism. He has often written and spoken on national security and other public policy issues. Among other affiliations, Vince has been an Adjunct Fellow at the Center for Law and Counterterrorism of the Foundation for the Defense of Democracies, a member of the Executive Committee of the American Branch of the International Law Association, and Co-Chair of the Committee on Interventions and Trial Observations of the International Bar Association’s Human Rights Institute. He received his B.A. from Northwestern University and his J.D. from Cornell Law School.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Professor of Law, Antonin Scalia Law School, George Mason University
Eric R. Claeys is Professor of Law at the Antonin Scalia Law School, George Mason University. He has written widely in the fields of property, private law, and constitutional law. Professor Claeys’s current research interests focus on flourishing- and labor-based natural rights justifications for property—in American property theory, in intellectual property, and in contemporary regulation of shale gas exploration and hydraulic fracturing. He is a member of the American Law Institute, he serves on the ALI’s Members’ Consultative Group for the first Restatement of Copyright, and he also serves as an adviser to the Restatement (Fourth) of the Law of Property.
Professor Claeys received his JD from the University of Southern California Gould School of Law. He received his AB from Princeton University, and he is a former visiting fellow and current member of Princeton’s Politics Department’s James Madison Program in American Ideals and Institutions. After law school, Professor Claeys clerked for the Hon. Melvin Brunetti, U.S. Court of Appeals for the Ninth Circuit, and the Hon. William H. Rehnquist, Chief Justice of the United States.
Professor Claeys’s main teaching interests include Property, Torts, Jurisprudence, and Intellectual Property. In recent years, he has also taught Water Law, Remedies, Estates and Trusts, Trade Secrecy, Constitutional Law, Torts, and Oil and Gas law. Spring 2018, he is teaching Torts and Jurisprudence as a Visiting Professor at Harvard Law School.
Judge, U.S. Court of Appeals, District of Columbia Circuit
Judge Sentelle was appointed United States Circuit Judge in October 1987, served as Chief Judge from February 11, 2008 until February 11, 2013, and took senior status on February 12, 2013. He is a 1968 graduate of the University of North Carolina Law School. Following law school, he practiced with the firm of Uzzell & DuMont until he became an Assistant U.S. Attorney in Charlotte, N.C. in 1970. From 1974 to 1977, he served as a North Carolina State District Judge but left the bench in 1977 to become a partner with the firm of Tucker, Hicks, Sentelle, Moon & Hodge. In 1985, Judge Sentelle joined the U.S. District Court, Western District of North Carolina, in Asheville, where he served until his appointment to the D.C. Circuit. Judge Sentelle was the Presiding Judge of the Special Division for the Purpose of Appointing Independent Counsels (1992-2006). He also served as the Chair of the U.S. Judicial Conference's Executive Committee (2010-2013). Judge Sentelle served for over 20 years as President of the Edward Bennett Williams Inn of the American Inns of Court.
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.