Religious Liberty vs. the Contraceptive Mandate: Why the Hobby Lobby Decision Should have Been Unanimous
Classroom AMacon, Georgia 31207
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Welpton & Wise Professor of Law, University of Nebraska College of Law
Professor Rick Duncan is the Welpton & Wise Professor of Law at the University Of Nebraska College Of Law. He is a graduate of the Cornell Law School and served as an editor of the Cornell Law Review. He teaches Constitutional Law with a special emphasis on the law of religious freedom, free speech, and federalism. Duncan has written numerous books, articles, and commentaries on a wide variety of legal topics. His recent publications include an article on Justice Scalia’s legacy, another on Kermit Gosnell and Roe v. Wade, a piece on the Electoral College and Federalism, a 2019 piece on Masterpiece Cakeshop and the First Amendment, and three recent articles on the “no compelled speech” doctrine as a First Amendment defense against authoritarianism and tyranny. His most recent article, on School Choice and the First Amendment, will be published in 2023 in Case Western Law Review. He is also the co-author of a book on Secured Transactions under Article 9 of the UCC. He served as Chairman of the Nebraska Advisory Committee to the U.S. Commission on Civil Rights during the Reagan Administration. He also loves to speak at Federalist Society meetings around the country on life, liberty, and the pursuit of federalism.
Duncan has five children, five grandchildren, and a wonderful wife who help him pursue happiness. He loves lifting weights (particularly going heavy on the incline bench press), attending Broadway musicals and plays, including Hamilton: An American Musical which he has seen 12 times (possibly a Nebraska record). He regularly reads both the Bible and the New York Times because it is important to keep up with what both sides have to say. He loves following major league baseball, especially the San Diego Padres. And his favorite legal aphorism is “first come rights then comes government to secure those rights.”
Professor of Law, University of Arizona James E. Rogers College of Law
Founder and Principal, Fillmore Global Strategies LLC
Ambassador Nathan A. Sales is the founder and principal of Fillmore Global Strategies LLC, a consultancy that provides legal and strategic advisory services on matters at the intersection of law, policy, and diplomacy.
From 2017 to 2021, Ambassador Sales served at the U.S. Department of State as Under Secretary for Civilian Security, Democracy, and Human Rights (acting). He oversaw nine bureaus and offices led by Senate-confirmed principals, with 1,300 employees and a combined foreign assistance budget of more than $5 billion annually, and the mission of preventing and countering threats to civilian security, including terrorism, mass atrocities, and violations of human rights and the rule of law.
Concurrently, Ambassador Sales was Ambassador-at-Large and Coordinator for Counterterrorism. After being nominated by the President and unanimously confirmed by the U.S. Senate, he was sworn in on August 10, 2017. He served as the principal adviser to the Secretary of State on international counterterrorism matters, and led the State Department’s Counterterrorism Bureau, a 200-person team with an annual foreign assistance budget of $400 million. He was also the Special Presidential Envoy to the Global Coalition to Defeat ISIS, leading U.S. relations with the 83-member Coalition and efforts to ensure the lasting defeat of ISIS in the Middle East and around the world.
While at the State Department, Ambassador Sales led the elements of the U.S. government’s China strategy promoting democratic values and human rights, including with respect to Hong Kong and Xinjiang. He oversaw the development and implementation of a wide range of U.S. government sanctions, including Global Magnitsky actions and Executive Order 13,936, targeting those responsible for undermining Hong Kong’s freedoms and autonomy. Ambassador Sales was the architect of the landmark 2017 UN Security Council Resolution 2396 on terrorist travel, and successfully pressed NATO to make counterterrorism a core Alliance mission. He led diplomatic engagements to persuade a dozen key partners in Europe and the Americas to designate Hizballah as a terrorist organization in its entirety. He launched the Western Hemisphere Counterterrorism Ministerial, in which heads of state and minister-level officials meet bianually to coordinate efforts against terrorist threats in the region. He led the U.S. government’s international efforts to combat white supremacist terrorism. Under his leadership, the State Department imposed terrorism sanctions on the Russian Imperial Movement – the first-ever U.S. designation of white supremacist terrorists.
Before joining the State Department, Ambassador Sales was Of Counsel at the law firm Kirkland & Ellis LLP (formerly Bancroft PLLC). He was also a tenured law professor, teaching and writing in the fields of administrative law, constitutional law, and national security law. His scholarship has been cited by the U.S. Supreme Court multiple times.
Ambassador Sales previously was Deputy Assistant Secretary for Policy at the U.S. Department of Homeland Security. He led DHS’s efforts to draft and implement legislation that strengthened the security of and expanded the Visa Waiver Program (which allows citizens of certain countries to travel to the United States without a visa). He headed the U.S. delegation in talks with seven countries to implement the new security measures and was the Secretary of Homeland Security’s Special Envoy to South Korea.
Ambassador Sales also served at the Office of Legal Policy at the U.S. Department of Justice, where he worked on regulatory initiatives, counterterrorism, and judicial confirmations. In 2005, he managed DOJ’s “war room” for the confirmation of Chief Justice John Roberts. He received the Attorney General’s Award for Exceptional Service – the Justice Department’s highest honor – for his role in drafting the USA PATRIOT Act, as well as the Attorney General’s Distinguished Service Award for his work on judicial confirmations.
In addition to his work at Fillmore Global Strategies, Ambassador Sales is a nonresident senior fellow at the Atlantic Council and a senior advisor at the Soufan Group, a global intelligence and security consultancy. He serves on a number of advisory boards, including for the Counter-Extremism Project (a nonprofit and nonpartisan international policy organization formed to combat the growing threat from extremist ideologies), the Secure Community Network (the official safety and security organization for the North American Jewish community), and the Sue J. Henry Center for Pre-Law Education at Miami University.
An Ohio native, Ambassador Sales received his B.A., summa cum laude, from Miami University in Oxford, Ohio, where he was elected to Phi Beta Kappa. He earned his J.D., magna cum laude, from Duke Law School, where he was Research Editor of the Duke Law Journal and joined the Order of the Coif. After law school, he clerked for the Honorable David B. Sentelle of the U.S. Court of Appeals for the DC Circuit.
U.S. Court of Appeals, Ninth Circuit
Jay Scott Bybee is a federal judge on the United States Court of Appeals for the Ninth Circuit. He has published numerous articles in law journals and has taught in law school. His primary research interests are in constitutional and administrative law.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Wisconsin Court of Appeals, District II
Brian Hagedorn is a judge on the Wisconsin Court of Appeals, District II. He was appointed by Republican Governor Scott Walker on July 31, 2015. Hagedorn won election to a full six-year term in 2017. His current term will expire on July 31, 2023.
Hagedorn earned an undergraduate degree in philosophy from Trinity International University in 2000 and his J.D. from Northwestern University School of Law in 2006. While at Northwestern, Hagedorn was the president of the school's chapter of the Federalist Society.
Professor of Law and Public Policy, Pepperdine University Caruso School of Law
Greg McNeal is an award winning entrepreneur, professor, and investor. He co-founded AirMap, a multinational aerospace and defense company honored as one of the “World’s Most Innovative Companies” by Fast Company and ranked as an Inc.com 25 Most Disruptive Company. The company also received a Los Angeles Business Journal Innovation Award, and a Consumer Electronics Show “Innovation Award.” The company was acquired in 2021.
He invests in and advises companies and entrepreneurs in SAAS, Defense, AI, and entertainment. The companies he founded or serves on the corporate board of have raised over $100 million in funding with his direct participation in the process. Those investors include Microsoft, Flexport, Sony, Qualcomm, Rakuten, Baidu, Airbus, and top global financial services and venture capital funds including Greycroft, Social Capital, General Catalyst, Lux Capital, Bullpen Capital, Bay Bridge Ventures, Teamworthy Ventures, Operate Studio, TenOneTen, Temasek, Macquarie Group, Graph Ventures and many others. The companies he advises have raised substantially more funding, in part due to his advice and mentorship.
He is a tenured Professor of Law and Public Policy at Pepperdine University and a faculty member with the Palmer Center for Entrepreneurship and the Law and teaches courses in technology, public policy, internet, and privacy law.
As a public policy and legal expert, Greg has worked with the White House, the Department of Defense, the State Department, and independent regulatory agencies on matters related to technology, law and policy. He has on multiple occasions testified before Congress and state legislatures about entrepreneurship and emerging technology and has aided state legislators, cities, municipalities, and executive branch officials in drafting legislation and ordinances related to technological advances and has been appointed by Cabinet officials to serve on Federal Rulemaking Committees.
He is a frequent keynote speaker at industry events and academic conferences related to technology, law, and public policy. He advises venture capital firms and other investors, start-ups, law enforcement, consulting firms, and Fortune 500 companies about the legal and regulatory issues associated with emerging technologies.
He regularly appears on television and radio to discuss technology and business, wrote a column on business and technology for Forbes and has authored Op-Eds for the New York Times, the Washington Post, and The Washington Times, among others. In his early career he worked on national security, international criminal law and counterterrorism matters and served as an Army officer.
U.S. Court of Appeals for the D.C. Circuit (ret.) and former U.S. Senator
James L. Buckley was born in New York City in 1923, grew up in rural Connecticut, and received his B.A. degree from Yale. Following service as a naval officer in World War II, he returned to New Haven to secure his law degree. After several years in private practice, he joined a group of small companies engaged in oil exploration abroad. He was elected to the United States Senate in 1970 as the candidate of New York's Conservative Party. He failed of re-election; but he has since served as an under secretary of state in the Reagan administration, as president of Radio Free Europe/Radio Liberty in Munich, Germany, and, most recently, as a judge on the U.S. Court of Appeals for the District of Columbia Circuit. He retired in 2000 and now resides in Bethesda, Maryland.
Lecturer in Law, University of Chicago Law School
Robert Gasaway is a Lecturer in Law at the University of Chicago Law School. He was formerly a Partner at Kirkland & Ellis LLP in their Washington office. He has represented and advised corporate clients on a wide variety of matters before federal courts, state courts, federal administrative agencies, and federal and state legislative bodies. Mr. Gasaway focuses his practice on appellate litigation, representing clients in the preparation of integrated, multiforum trial and appellate strategies in high-risk sets of related cases.
Founding Partner, Boyden Gray & Associates
Ambassador C. Boyden Gray is the founding partner of Boyden Gray & Associates, a law and strategy firm in Washington, D.C., focused on constitutional and regulatory issues.
Mr. Gray worked in the White House for twelve years, first as counsel to the Vice President during the Reagan administration and then as White House Counsel to President George H.W. Bush. In the Reagan administration, he was Counsel to the Presidential Task Force on Regulatory Relief, for which he wrote the original Executive Order 12291 requiring cost-benefit analysis and White House review of regulations (later renumbered as current EO 12866). In the George H.W. Bush Administration, Mr. Gray was in charge of judicial selection and was also instrumental in the enactment of the Clean Air Act Amendments of 1990, the Energy Policy Act of 1992, and a cap-and-trade system for acid rain emissions. In 1993, he received the Presidential Citizens Medal. Under President George W. Bush, Mr. Gray was U.S. Ambassador to the European Union and U.S. Special Envoy to Europe for Eurasian Energy.
Mr. Gray practiced law for 25 years at the law firm of Wilmer, Cutler & Pickering and was chairman of the Administrative Law and Regulatory Practice Section of the American Bar Association from 2000 to 2002. Early in his career, Mr. Gray helped to develop the Business Roundtable and served as its first counsel. He is an adjunct professor at Antonin Scalia Law School and a former adjunct professor at NYU Law School (teaching energy and environmental law). Mr. Gray is on the Board of Directors of the Atlantic Council, the Federalist Society, Reason Foundation, and the Trust for the National Mall.
Mr. Gray earned his A.B. magna cum laude from Harvard, where he was an editor of the Crimson, and his J.D. with high honors from the University of North Carolina at Chapel Hill, where he was editor-in-chief of the Law Review. Mr. Gray served in the United States Marine Corps, and after law school, he clerked for Earl Warren, Chief Justice of the United States Supreme Court.
Senior Fellow, Mises Institute
Alex J. Pollock is a Senior Fellow with the Mises Institute, providing thought and policy leadership on financial issues and the study of financial systems. His work includes cycles of booms and busts, financial crises with their political responses, housing finance, government-sponsored enterprises, risk and uncertainty, central banking, banking and financial regulation, corporate governance, retirement finance, student loans, and the politics of finance.
He previously served as the Principal Deputy Director of the Office of Financial Research in the U.S. Treasury Department 2019-2021. He was a Distinguished Senior Fellow with the R Street Institute 2015-2019 and 2021, and a resident fellow at the American Enterprise Institute, 2004-2015. Among the many aspects of his AEI work, he developed the One Page Mortgage Form to give borrowers in clear form the key information they need in order to know what they are committing themselves to. He was President and CEO of the Federal Home Loan Bank of Chicago from 1991 to 2004. There he invented the Mortgage Partnership Finance program, which successfully created front-end mortgage credit risk sharing beginning in 1997. His decades of banking experience include being a Visiting Scholar at the Federal Reserve Bank of St. Louis, 1991.
Pollock was a director of the CME Group 2004-2019 and of Ascendium Education Group 1989-2019. He is a director and past-chairman of the Great Books Foundation and a past president of the International Union for Housing Finance.
He is the co-author of Surprised Again! - The COVID Crisis and the New Market Bubble (2022), and the author of Finance and Philosophy—Why We’re Always Surprised (2018) and Boom and Bust: Financial Cycles and Human Prosperity (2011), as well as numerous articles and Congressional testimony.
Pollock is a graduate of Williams College, the University of Chicago, and Princeton University.
His work is available on alexjpollock.com.
Vice President for Legal Affairs, Cato Institute
Roger Pilon is the Cato’s Institute’s vice president for legal affairs, the founding director of Cato’s Robert A. Levy Center for Constitutional Studies, the inaugural holder of Cato’s B. Kenneth Simon Chair in Constitutional Studies, and the founding publisher of the Cato Supreme Court Review.
Prior to joining Cato, Pilon held five senior posts in the Reagan administration, including at State and Justice, and was a national fellow at Stanford’s Hoover Institution. In 1989 the Bicentennial Commission presented him with its Benjamin Franklin Award for excellence in writing on the U.S. Constitution. In 2001 Columbia University’s School of General Studies awarded him its Alumni Medal of Distinction. Pilon lectures and debates at universities and law schools across the country and testifies often before Congress.
His writing has appeared in the Wall Street Journal, the Washington Post, the New York Times, the Los Angeles Times, Legal Times, National Law Journal, Harvard Journal of Law and Public Policy, Stanford Law and Policy Review, and elsewhere. He has appeared on ABC’s Nightline, CBS’s 60 Minutes II, Fox News Channel, NPR, CNN, MSNBC, CNBC, C-SPAN, and other media.
Pilon holds a BA from Columbia University, an MA and a PhD from the University of Chicago, and a JD from the George Washington University School of Law.
Author, Sharia-ism Is Here: The Battle to Control Women and Everyone Else
Joy Brighton is a former Wall Street trader who today is part of an international team of experts concerned about the non-transparent risks of the Shariah-compliant Islamic finance investment market. She speaks with legal, policy, grassroots, and legislative leaders who are concerned about the challenge to America's national security, civil and women's rights, First Amendment freedoms, and free capital financial markets posed by Shariaism, the political movement of radical Islam. She is the author of Shariaism is Here: The Battle for Control of Women and Everyone Else, released January 2014.
Ms. Brighton is a graduate of Columbia Business School and has been a fixed-income salesperson and trader for Lehman Brothers, a mortgage pipeline hedge trader for Chase Home Mortgage, and an adjunct Professor of Securities and Investments at Fairleigh Dickinson University and Ramapo College. Later, as a graduate of Fordham University with a Master's in Psychological Counseling, Ms. Brighton worked as an executive coach catering to investment professionals and a college mental health counselor.
District Judge, United States District Court, Northern District of Texas
Matthew J. Kacsmaryk serves as United States District Judge for the Northern District of Texas.
He previously served in the (1) private, (2) government, and (3) nonprofit sectors:
Judge Kacsmaryk is an Honors graduate of the University of Texas Law School, where he joined the Federalist Society and served as an Executive Editor of the Texas Review of Law & Politics. Judge Kacsmaryk co-founded the Fort Worth Lawyers Chapter in 2012, coordinated the 2018 Texas Chapters Conference hosted by the Fort Worth Lawyers Chapter, and presently serves on its Advisory Board.