SB 1070: The Impact on Arizona Employers
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Justice, Washington State Supreme Court
Attorney General, Kansas
Attorney General Kris Kobach was raised in Topeka, Kansas where he graduated from Washburn Rural High School. He completed his undergraduate studies in government at Harvard University, graduating first in his department and summa cum laude. A Marshall Scholarship recipient, he received his Ph.D. in politics from the University of Oxford. Kobach received his J.D. from Yale Law School, serving as notes development editor of the Yale Law Journal.
Kobach clerked for the Tenth Circuit Court of Appeals and shortly thereafter became a professor of constitutional law at the University of Missouri - Kansas City School of Law. Kobach received a White House Fellowship from President George W. Bush. He served in the United States Department of Justice under Attorney General John Ashcroft as Counsel to the Attorney General.
He has litigated some of the most high-profile cases in the country, including defending statutes and ordinances against the ACLU on multiple occasions. In 2012, Kobach brought the first challenge to President Obama’s DACA amnesty on behalf of 10 ICE agents. His victory in federal district court paved the way for Texas to defeat the Obama Justice Department in its litigation.
Kobach served as the 31st Kansas Secretary of State, 2011-2019. He lives near Lecompton with his wife, Heather, and their five children.
John Henry Wigmore Professor of Law, Northwestern University School of Law
Professor Allen is the John Henry Wigmore Professor of Law at Northwestern University, in Chicago, IL. He did his undergraduate work in mathematics at Marshall University and studied law at the University of Michigan. He is an internationally recognized expert in the fields of evidence, procedure, and constitutional law. He has published five books and approximately eighty articles in major law reviews. The New York Times referred to him as one of nation's leading experts on evidence and procedure. He has been quoted in national news outlets hundreds of times, and appears regularly on national broadcast media on matters ranging from complex litigation to constitutional law to criminal justice.
Professor Allen began his career at the State University of New York, and has held professorships at the University of Iowa and Duke University prior to coming to Northwestern. He has lectured on his research at distinguished universities across the world, among them Columbia University, Cornell University, University of Chicago, University of Virginia, University of Pennsylvania, University of Michigan, Duke University, Oxford University, University of London, Leiden University, the Royal Netherlands Academy of Arts and Sciences, University of Edinburgh, University of British Columbia, the University of Paris (Sorbonne), Parma University, Turin University, Pavia University, University of Adelaide, Australia, and Victoria University of Wellington, New Zealand, and UNAM, Mexico City. In 1991, he was the University Distinguished Visiting Scholar, at the University of Adelaide, South Australia. One of his books has been translated into Chinese by the Ministry of Education of the People's Republic of China, and he has been invited to China for a series of lectures in the summer of 2004 and the spring of 2005. He has also been invited to lecture by the governments of Mexico and Trinidad/Tobago. For the last ten years, his research has focused on the nature of juridical proof. He has been involved as a consultant on numerous cases involving complex litigation in the United States and abroad.
He is a member of the American Law Institute, has chaired the Evidence Section of the Association of American Law Schools, and was Vice-chair of the Rules of Procedure and Evidence Committee of the American Bar Association's Criminal Justice Section. He has served as a Commissioner of the Illinois Supreme Court, assigned to the Attorney Registration and Disciplinary Commission. He is presently on the Boards of the Constitutional Rights Foundation-Chicago, and the Yeager Society of Scholars of Marshall University. He is, or has served, on various boards and committees of civic and cultural institutions in Chicago.
Partner, Earth and Water Law; retired Yale Law School professor (1981-2025), Yangtze River Distinguished Professor, Guangzhou Law School, ChinaDistinguished Adjunct Professor at Antonin Scalia Law School
E. Donald Elliott is a Florence Rogatz Visiting Professor of Law at Yale Law School and a leading academic scholar, as well as practitioner, in the fields of administrative and environmental law. He is “one of the most well-known, well-regarded environmental law professors in the nation,” according to John Cruden, former President of the Environmental Law Institute and Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice during the Obama administration. Elliott has been on the Yale Law faculty since 1981 and currently teaches courses in environmental law, energy law, administrative law and civil procedure. He is also senior of counsel in the Washington D.C. office of Covington & Burling LLP, and co-chair of the firm's Environmental Practice Group. From 2003 until he joined Covington in 2013, he was a partner in Willkie Farr & Gallagher LLP, chairing the firm’s worldwide Environment, Health and Safety Department.
From 1989 to 1991, Elliott served as Assistant Administrator and General Counsel of the U.S. Environmental Protection Agency (EPA). In 1993, he was named to the first endowed chair in environmental law and policy at any major American law school, the Julien and Virginia Cornell Chair in Environmental Law and Litigation at Yale Law School. From 2003-2009, he was a member of the National Academy of Sciences Board on Environmental Studies and Toxicology, which advises the federal government on environmental issues. Elliott also testifies frequently in Congress on environmental issues.
He has served as a consultant on improving the relationship of law and science to the Federal Courts Study Committee, which was chartered by Congress to make recommendations for improving the federal courts, and to the Carnegie Commission for Law, Science and Government. He co-chaired the National Environmental Policy Institute’s Committee on Improving Science at EPA.
Elliott is a Senior Fellow of the Administrative Conference of the United States (ACUS) and an elected member of the American College of Environmental Lawyers and the American Law Institute. He serves on the Board of the Connecticut Fund for the Environment and as chair of its legal committee, as well on the Advisory Board for NYU’s Institute for Policy Integrity. He is a former member of the boards of the Environmental Law Institute, and the Center for Clean Air Policy. He is the author or coauthor of seven books and has published more than 70 articles in professional journals. He was named one of the top 25 environmental attorneys in the United States by the National Law Journal and is highly ranked in Chambers USA: Leading Lawyers for Business; Best Lawyers in America; D.C. Super Lawyers; Who’s Who in American Law; and Who’s Who in the World.
He earned both his B.A., summa cum laude and Phi Beta Kappa, and his J.D. from Yale. Following graduation, he was a law clerk for Gerhard Gesell in the U.S. District Court for the District of Columbia, and for Chief Judge David Bazelon of the U.S. Court of Appeals for the District of Columbia Circuit.
Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
United States Attorney General
Attorney General Merrick B. Garland was sworn in as the 86th Attorney General of the United States on March 11, 2021. As the nation’s chief law enforcement officer, Attorney General Garland leads the Justice Department’s 115,000 employees, who work across the United States and in more than 50 countries worldwide. Under his leadership, the Department of Justice is dedicated to upholding the rule of law, keeping our country safe, and protecting the civil rights of all Americans.
Immediately preceding his confirmation as Attorney General, Attorney General Garland was a judge of the United States Court of Appeals for the District of Columbia Circuit. He was appointed to that position in 1997, served as Chief Judge of the Circuit from 2013-20, and served as Chair of the Executive Committee of the Judicial Conference of the United States from 2017-20. In 2016, President Obama nominated him for the position of Associate Justice of the United States Supreme Court.
Before becoming a federal judge, Attorney General Garland spent a substantial part of his professional life at the Department of Justice. He served in both career and non-career positions under five Attorneys General, including as Special Assistant to the Attorney General, Assistant United States Attorney, Deputy Assistant Attorney General in the Criminal Division, and Principal Associate Deputy Attorney General. In those roles, his responsibilities spanned the work of the Department, including criminal, civil, and national security matters. They also included direct supervision of investigations and prosecutions of national importance, including the Oklahoma City bombing, Unabomber, and Montana Freemen cases.
Earlier in his career, Attorney General Garland was a partner in the law firm of Arnold & Porter, where his practice involved civil and criminal litigation, antitrust, and administrative law. He also taught antitrust at Harvard Law School and published law review articles on both antitrust and administrative law.
Attorney General Garland graduated summa cum laude from Harvard College and magna cum laude from Harvard Law School. Following law school, he clerked for Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit, and for Justice William J. Brennan, Jr., of the United States Supreme Court.
Louis and Harriet Ancel Professor of Law and Public Policy, Northwestern University School of Law
Martin H. Redish, the Louis and Harriet Ancel Professor of Law and Public Policy at Northwestern University School of Law, teaches and writes on the subjects of federal jurisdiction, civil procedure, freedom of expression and constitutional law. In addition, he is Senior Counsel to the law firm of Sidley Austin LLP.
Professor Redish received his AB with highest honors in political science from the University of Pennsylvania and his JD magna cum laude from Harvard Law School.
Described in a review of his book, The Federal Courts in the Political Order, as "without a doubt the foremost scholar on issues of federal court jurisdiction in this generation," Professor Redish is the author or co-author of more than 80 articles and 15 books. Professor Redish's book entitled, The Logic of Persecution: Free Expression and the McCarthy Era, was published by Stanford University Press in the summer of 2005. His book entitled Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit, was published by Stanford University Press in 2009. Professor Redish was recently listed in a study conducted by William S. Hein & Company as the sixteenth most cited legal scholar of all time. He has also been consistently recognized by the Institute for Scientific Information for being among the most highly cited researchers worldwide. As a visiting professor at the University of Michigan Law School he won the L. Hart Wright Outstanding Teacher Award. He has also won the Robert Childress Memorial Award for Teaching Excellence, the Dean's Teaching Award, the First Year Course Professor Award, and the Student Bar Association Faculty Appreciation Award at Northwestern.
Professor Redish has appeared as an expert witness before numerous congressional committees. In addition, he has made frequent appearances in the national media, including the Today Show, ABC and NBC National News, CNN, Court TV, CSPAN and National Public Radio.
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.
Senior Litigation Counsel, New Civil Liberties Alliance
Jacob Huebert is Senior Litigation Counsel at the New Civil Liberties Alliance. He previously served as President and Director of Litigation of the Liberty Justice Center, where he successfully litigated cases to protect constitutional rights, including the landmark Janus v. AFSCME case, in which the U.S. Supreme Court upheld government employees’ First Amendment right to choose for themselves whether to pay money to a union. Jacob was also previously a Senior Attorney at the Goldwater Institute, where he litigated cases on free speech, property rights, and the Second Amendment.
Jacob and his work have appeared in numerous national media outlets, including the Wall Street Journal, New York Times, and Fox News Channel. He is also the author of a book, Libertarianism Today.
Jacob holds a B.A. in economics from Grove City College and a J.D. from the University of Chicago Law School. After law school, he served as a clerk to Judge Deborah Cook of the U.S. Court of Appeals for the Sixth Circuit. Jacob has served as an adjunct law professor at several law schools, teaching courses in advanced appellate advocacy, the law of payments, legal writing, and jurisprudence. Before working in public interest law, Jacob was a litigator in private practice.
Trustees Professor of Law, Capital University Law School
Professor Mark P. Strasser has been named Trustees Professor of Law at Capital University Law School. This appointment recognizes Professor Strasser's extraordinary and sustained commitment to legal scholarship. Nationally recognized for his scholarship in family law, Professor Strasser is the author of numerous books and articles in the areas of family law, bioethics, and constitutional law. His most recent books include On Same-Sex Marriages, Civil Unions, and the Rule of Law: Constitutional Interpretation at the Crossroads (Praeger Publishers/Greenwood Publishing Group, 2002), Marriage and Same-Sex Unions: A Debate (Praeger Publishers, 2003), co-edited with Lynn Wardle, David Coolidge and William Duncan and Questions and Answers: Family Law (LexisNexis, 2003). Professor Strasser frequently presents papers at conferences across the country and internationally. His recent lectures have taken place at New York University Law School; the International Lesbian and Gay Law Association Conference in Turin, Italy; the Medical College of Wisconsin; Queen's University in Kingston, Canada; the University of Texas at Austin; Brigham Young University Law School; and Albany Law School. He also spoke before the Vermont House Judiciary Committee on interstate implications of Vermont recognizing same-sex marriages or domestic partnerships.
Professor Strasser is a former professor of philosophy and taught at Illinois State University, University of Texas at Arlington, and Washington University in St. Louis. A member of Capital University Law School's faculty since 1993, Professor Strasser teaches Constitutional Law, Torts, Family Law, Jurisprudence, and a seminar on Sexual Diversity and the Law. Professor Strasser was the Visiting Tyler Haynes Chair Professor of Law at the University of Richmond School of Law in 2001 and a Visiting Professor of Law at the University of Maryland School of Law during the 1999-2000 academic year.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
Regents Professor, University System of Maryland
Professor Graber held a faculty position in the Department of Government and Politics at the University of Maryland, College Park from 1993-2007 and taught at the University of Maryland School of Law as an adjunct professor beginning in the fall of 2002. In 2004, he was appointed Professor of Government and Law at the School of Law, a title he held until May 1, 2015 at which time he received an appointment as the Jacob A. France Professor of Constitutionalism. In 2016, he was named Regents Professor, one of only seven Regents Professors in the history of the University System of Maryland and the only Regents Professor on the UMB campus. He served as associate dean for research and faculty development from 2010 to 2013. He has also been one of the organizers of the annual Constitutional Law "Schmooze", which attracts scholars from across the country to the law school.
He is the author of A New Introduction to American Constitutionalism, forthcoming in 2013 from Oxford University Press, and co-editor (with Keith Whittington and Howard Gillman) of American Constitutionalism: Structures and Powers and American Constitutionalism: Rights and Powers, both also from Oxford University Press. He is presently working on Forged in Failure, a book that will examine how much constitutional change in the United States has been caused by the failure of constitutional practices to function as expected.
Professor Graber is also the author of scores of articles, including "The Non-Majoritarian Problem: Legislative Deference to the Judiciary" in Studies in American Political Development, "Naked Land Transfers and American Constitutional Development", published in the Vanderbilt Law Review and "Resolving Political Questions into Judicial Questions: Tocqueville’s Aphorism Revisited", published by Constitutional Commentary.
During fall 2013, he was a visiting faculty member at the University of Virginia School of Law.
President, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty, Catholic University; Visiting Professor, Harvard Law School
Mark joined the Becket team in 2011 and splits his time as Associate Professor at The Catholic University of America, Columbus School of Law, and as Visiting Professor at Harvard Law School. Mark teaches constitutional law, religious liberty, torts, and evidence. He has been voted Teacher of the Year three years in a row by the Law School’s Student Bar Association.
Mark has broad experience litigating First Amendment religious exercise and free speech cases. He has represented the winning parties in a variety of Supreme Court First Amendment cases including Hobby Lobby, Little Sisters, Wheaton College, and Holt. In January 2014, Mark argued before the Supreme Court in McCullen v. Coakley, a First Amendment challenge to a Massachusetts speech restriction outside of abortion clinics. The Justices ruled in favor of his clients 9-0. Mark also led a successful eight-year litigation battle against Governor Blagojevich’s effort to force religious pharmacists to distribute the morning-after and week-after pills.
Mark’s academic writing focuses on the First and Fourteenth Amendments, and has appeared in a variety of prestigious journals, including the Harvard Law Review.
Mark is a widely sought after speaker on constitutional issues, particularly concerning abortion and the First Amendment. Professor Rienzi has been invited to discuss these issues at Harvard Law School, Columbia University Law School, Georgetown University Law Center, Boston College Law School, Notre Dame Law School, the National Press Club, and the Capitol. He has been quoted on constitutional law issues on NPR, in the Washington Times, The New York Daily News, and the Chicago Sun-Times. Mark has also been featured on the Kelly File, Fox News Sunday, Your World with Neil Cavuto, Geraldo at Large, CNN Tonight, CNN Live, Andrea Mitchell Reports, and Wall Street Journal Live.
Prior to joining Becket, Mark served as counsel for the litigation department and the intellectual property litigation practice group of WilmerHale LLP. His practice focused on complex civil and appellate litigation with a particular emphasis on intellectual property and First Amendment issues. Prior to joining WilmerHale, he served as law clerk to the Hon. Stephen F. Williams, senior circuit judge for the U.S. Court of Appeals for the D.C. Circuit. Prior to that, Mark was an editor of the Harvard Law Review, and earned his J.D. from Harvard Law School and B.A. from Princeton University, both with honors.
U.S. Court of Appeals, District of Columbia Circuit (1983-1989); U.S. Solicitor General (1989-1993)
Kenneth Starr is a former United States Federal Court of Appeals Judge, U.S. Solicitor General, and Independent Counsel. He is the former President and Chancellor of Baylor University where he held the Louise L. Morrison Chair of Constitutional Law at Baylor University Law School.
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.