The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom
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Chairman and Founding General Counsel, Institute for Justice
William H. (Chip) Mellor serves as chairman and founding general counsel of the Institute for Justice, which he co-founded in 1991. He was IJ’s president and general counsel from 1991 to 2015. He has litigated cutting-edge constitutional cases nationwide protecting economic liberty, property rights, school choice and the First Amendment, notably achieving the first federal appellate court victory for economic liberty under the 14th Amendment since the New Deal by overturning Tennessee’s prohibition on retail casket sales.
Under Mellor’s leadership IJ pioneered a new approach to strategic public interest litigation that combines courtroom advocacy with award-winning media relations, activism and strategic research to secure constitutional protection for individual rights. He grew IJ from a five-person startup into the National Law Firm for Liberty with a staff of nearly 100, including over 40 attorneys, and an annual budget of $20 million. IJ is headquartered in Arlington, Virginia, and has offices in Arizona, Florida, Illinois, Minnesota, Texas and Washington state.
While Mellor was president, IJ litigated five U.S. Supreme Court cases, winning all but one: In Zelman v. Simmons-Harris, IJ successfully defended Cleveland’s school choice program from a lawsuit brought by the teachers’ unions and other school choice opponents, establishing the constitutionality of school vouchers. In Granholm v. Heald, the Supreme Court struck down New York’s ban on interstate wine sales, allowing small wineries and consumers represented by IJ to successfully challenge a government-imposed wholesale wine and liquor monopoly. In Kelo v. City of New London, the Supreme Court ruled against IJ in a controversial 5–4 decision that held private property can be taken for private development. IJ mobilized unprecedented public outrage over the decision to secure legislative reforms or state supreme court decisions in 46 states that strengthened protection for property rights. In Arizona Christian School Tuition Organization v. Winn, the Supreme Court dismissed an Establishment Clause challenge to Arizona’s scholarship tax credit program because the Court recognized that individuals who donate to private, nonprofit scholarship-granting organizations spend their own money—not state funds. In Arizona Freedom Club PAC v. Bennett, the Supreme Court struck down a key provision of Arizona’s system of government-funded campaigns, which showered money on campaigns that took government funding when privately financed and independent speakers opposing them spoke more than the government wanted.
Mellor co-authored with the Cato Institute’s Robert Levy The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom, which examines 12 Supreme Court cases that effectively amended the Constitution and profoundly reshaped the role of government in America. In The Dirty Dozen, Mellor and Levy argue for judicial engagement and for a Supreme Court that will protect individual rights and restore limits on government power.
Mellor launched the Institute for Justice Clinic on Entrepreneurship at the University of Chicago in 1998 and IJ’s Center for Judicial Engagement in 2011.
Mellor’s work has appeared in the Wall Street Journal, Washington Post, New York Times, USA Today, Financial Times, Los Angeles Times, Chicago Tribune, Philadelphia Inquirer, Boston Globe, New York Post, National Law Journal, Reason, National Review, Investor’s Business Daily, and all the major television and radio networks. In a 2012 broadcast of his Fox Business show Stossel, John Stossel named Mellor a “Champion of Freedom.”
Prior to founding IJ, Mellor served as president of the Pacific Research Institute for Public Policy, a nationally recognized think tank located in San Francisco. Under his leadership, the Institute commissioned and published path-breaking books on economic liberty, property rights, and technology and the First Amendment that formed the long-term, strategic litigation blueprint for the Institute for Justice.
Mellor also served in the Reagan Administration as deputy general counsel for legislation and regulations in the Department of Energy, and from 1979 to 1983 he practiced public interest law with Mountain States Legal Foundation in Denver. Mellor received his J.D. from the University of Denver School of Law in 1977. He graduated from Ohio State University in 1973.
Read Mellor’s speech launching the Institute for Justice: “The Quest for Justice: Natural Rights and the Future of Public Interest Law.”
Mellor was awarded the Bradley Prize in 2012, was recognized by the American Bar Association as a Legal Rebel – an individual who remakes their corner of the legal profession – and was profiled in the Wall Street Journal Weekend Interview on January 7, 2012, as well as in Reason magazine in March 2008.
Shareholder, Lawson Huck Gonzalez, PLLC
Jason Gonzalez is an experienced appellate and litigation attorney and regularly consults on executive branch government affairs. He represents businesses and state agencies in state and federal courts in contracts, government procurements, insurance disputes, class actions, tort defense, banking, finance, professional licenses, and elections matters.
Recently, Jason advocated for business association clients in two amicus briefs filed before the Florida Supreme Court, supporting the adoption of the federal summary judgment standard, a development widely viewed as the most significant Florida civil justice system reform in the modern era. In 2019, Florida Politics reported that Jason was representing parties in more pending civil cases at the Florida Supreme Court than any other attorney in the State.
Over the course of his career, Jason has been at the forefront of emerging legal developments, helping to shape Florida’s justice system.
Jason has served on the Florida Supreme Court Nominating Commission, as Chairman of the First District Court of Appeal Judicial Nominating Commission and Chairman of the Second Judicial Circuit Judicial Nominating Commission, as well as two terms as General Counsel and former Executive Board Member of the Republican Party of Florida. Prior to co-founding Lawson Huck Gonzalez, Jason served as General Counsel to the Florida Governor.
In 2010, Jason served as lead counsel for Transocean Ltd. in its Florida Panhandle litigation and regulatory matters immediately following the explosion and sinking of the Deepwater Horizon. Over a two-year period, Jason successfully obtained orders dismissing or removing every one of the more than 70 individual and class action lawsuits filed against Transocean in Florida.
Associate Vice President & Associate Legal Director, Americans United for Separation of Church and State
Alex Luchenitser is the Associate Vice President & Associate Legal Director at Americans United for Separation of Church and State.
Alex has litigated church-state cases throughout the country for Americans United since January 2001. He has led lawsuits challenging religious proselytization of students in public schools, public funding of religious institutions, discriminatory governmental prayer practices, and government-sponsored religious displays. His successful cases include:
Alex has also authored and edited numerous friend-of-the-court briefs filed on behalf of Americans United. After the Covid-19 pandemic began, Alex led Americans United’s efforts to fight lawsuits that sought religious exemptions from public-health orders, filing fifty friend-of-the-court briefs in such cases around the country, including six in the U.S. Supreme Court.
Alex was born in Kyiv, Ukraine, in 1969 and immigrated to the United States in 1977. He received his bachelor’s degree magna cum laude in government and economics from Harvard University in 1991, and he received his Juris Doctor with distinction from Stanford Law School in 1994. After finishing law school, Alex served two one-year judicial clerkships, with Justice Warren W. Matthews Jr. of the Alaska Supreme Court and U.S. Magistrate Judge Wayne D. Brazil of the U.S. District Court for the Northern District of California. Alex then spent four years in private practice in Northern California, participating in the prosecution of class actions on behalf of investors, consumers, and trust beneficiaries.
Alex has spoken about church-state issues in many television and radio appearances and public presentations and has been quoted in numerous major newspapers. His published articles include:
Alex is an active member of the District of Columbia Bar, is an inactive member of the State Bar of California, and has been admitted to practice before the U.S. Supreme Court; the U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Federal, and District of Columbia Circuits; and the U.S. District Courts for the District of Columbia, the Northern District of California, the District of Colorado, the Eastern District of Michigan, and the Eastern District of Wisconsin.
F. Elwood and Eleanor Davis Professor Emeritus of Law, The George Washington University Law School
Professor Lupu joined the law school in 1990. After graduating from law school, where he was case editor of the Harvard Law Review, he practiced law with the Boston firm of Hill & Barlow and then joined the law faculty at Boston University, where he taught from 1973 to 1989. During that time, he also served as a visiting professor at Northeastern University and at the University of California, Berkeley. In 1989–90, he was the professor-in-residence on the Appellate Staff of the Civil Division of the U.S. Department of Justice.
Professor Lupu is a nationally recognized scholar in constitutional law, with an emphasis in his writings on the religion clauses of the First Amendment. Together with his colleague Professor Robert Tuttle, Professor Lupu is the co-author of Secular Government, Religious People (Eerdmans Pub. Co., 2014) and many law journal articles.
David R. and Sherry Kirschner Berz Research Professor of Law and, GWU Law School
Senior Litigation Counsel, American Center for Law and Justice
Walter M. Weber is Senior Counsel for the ACLJ in the Washington, D.C. office. A highly regarded legal writer, Weber received his bachelor’s degree from Princeton University and his law degree from Yale Law School.
Weber emphasizes First Amendment law and has written briefs in many landmark cases at the Supreme Court including NOW v. Scheidler, Lamb’s Chapel v. Center Moriches School District and Bray v. Alexandria Women’s Health Clinic.
Weber has argued more than a dozen times in appeals before federal and state courts. Prior to joining the ACLJ, Weber served as a staff attorney with the Catholic League for Religious and Civil Rights.
United States Court of Appeals, Second Circuit
Dennis Jacobs is the Chief Judge of the United States Court of Appeals for the Second Circuit. He became Chief Judge on October 1, 2006. At the time of his appointment in 1992, he was a partner in the New York law firm of Simpson Thacher & Bartlett.
Judge Jacobs received his B.A. degree from Queens College of the City University of New York in 1964; his M.A. degree from New York University in 1965; and his J.D. degree from the New York University School of Law in 1973.
Judge Jacobs was a lecturer in the English Department of Queens College of the City University of New York from 1967 until 1969. He was in private practice from 1973 with the New York law firm of Simpson, Thacher & Bartlett, serving as a partner there from 1980 until his judicial appointment.
In 1997-2004, Judge Jacobs was a member of the Committee on Judicial Resources of the Judicial Conference of the United States; starting in 1999 he was chair of that committee.
Judge Jacobs is a native of New York City.
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.
Chief Judge, United States Court of Appeals, Eleventh Circuit
William H. Pryor Jr. serves as Chief Circuit Judge on the United States Court of Appeals for the Eleventh Circuit.
In 2013–18, he served on the United States Sentencing Commission and, in 2017–18, served as Acting Chair.
He has taught as a visiting professor at the University of Alabama School of Law and previously taught as an adjunct professor at the Cumberland School of Law of Samford University.
He served as the 45th Attorney General of Alabama from 1997 to 2004. When he took office, he was the youngest attorney general in the nation. In his reelection, he received the highest percentage of votes of any statewide candidate.
He graduated magna cum laude from Tulane Law School where he finished first in the common-law curriculum and was editor in chief of the Tulane Law Review. He then served as a law clerk for Judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit.
He is a member of The American Law Institute and an Adviser for the RESTATEMENT OF THE LAW THIRD, CONFLICT OF LAWS. He is a coauthor with Bryan Garner, Justices Gorsuch and Kavanaugh, and several other judges of a treatise, THE LAW OF JUDICIAL PRECEDENT. He has published in the Yale Law Journal, Columbia Law Review, Virginia Law Review, Notre Dame Law Review, Harvard Journal of Law & Public Policy, Yale Law & Policy Review, George Mason Law Review, Florida Law Review, Alabama Law Review, Case Western Reserve Law Review, and Tulane Law Review. He has published op-eds in The Wall Street Journal, The New York Times, National Review, and USA Today. He has debated at National Lawyers’ Conventions of the Federalist Society (including on National Public Radio) and at the Oxford Union in the United Kingdom. And he is listed among several “widely admired judicial writers” in Bryan Garner’s The Redbook: A Manual on Legal Style.
He is a member of the Tulane Law School Hall of Fame and has received the Defender of the Constitution Award from the Heritage Foundation, the Jurist of the Year Award from the Texas Review of Law & Politics, and the St. Thomas More Award from the St. Thomas More Society of Atlanta. Judge Pryor is also a proud member of the National Society of the Sons of the American Revolution.
Co-Chairman, The Federalist Society for Law and Public Policy Studies
Leonard is Co-Chairman and former Executive Vice President of the Federalist Society, joining the organization over 25 years ago. Since that time he has been instrumental in helping the organization top 70,000, focusing on the growth of lawyers membership, operations and activities advancing limited, constitutional government. In addition to his work at the Society, Leonard has advised President Trump on judicial selection, assisted with the Gorsuch and Kavanaugh Supreme Court selection and confirmation process, and served as a member of the transition team. He also organized the outside coalition efforts in support of the Roberts and Alito U.S. Supreme Court confirmations. Leonard was appointed by President George W. Bush to three terms to the U.S. Commission on International Religious Freedom as chairman. He was also a U.S. Delegate to the UN Council and UN Commission on Human Rights during the Bush Administration. Leonard was the recipient of the 2009 Bradley Prize, along with the other founders and directors of the Federalist Society, for his work in advancing freedom and the rule of law. He is the coeditor of Presidential Leadership: Rating the Best and the Worst in the White House, as well as the author of opinion editorials in the New York Times,The Wall Street Journal, and Washington Post. Leonard holds degrees from Cornell University and Cornell Law School. He presently resides in Northern Virginia, where he and his wife Sally have raised their seven children.
Partner, Friedman Kaplan Seiler & Adelman LLP
The Honorable Robert S. Smith (Ret.) is head of the firm’s appellate practice, and focuses on trials and appeals. Judge Smith joined Friedman Kaplan following his retirement as Associate Judge of the New York State Court of Appeals, New York’s highest court, where he served for more than a decade. During his time on the bench, he wrote scores of opinions and became well known for his judicial scholarship, insight, and intellectual rigor.
Prior to his time on the Court of Appeals, Judge Smith practiced law in New York City, and was a partner with Paul, Weiss, Rifkind, Wharton & Garrison for over 25 years. He has argued dozens of appeals before the federal and New York appellate courts, and two appeals before the United States Supreme Court. His trial experience in complex commercial cases is also extensive. He is a Fellow of the American College of Trial Lawyers.
Since joining Friedman Kaplan, Judge Smith has been active primarily in appeals, trial-level commercial litigation, expert witness testimony, and alternative dispute resolution.
Co-Director, Global Law Scholars Program; Co-Director, Center on, Georgetown University Law Center
Professor Stewart joined the faculty as Visiting Professor of Law following his retirement from the U. S. Department of State, where he served as Assistant Legal Adviser for Private International Law. Previously he had been Assistant Legal Adviser for Diplomatic Law and Litigation, for African Affairs, for Human Rights and Refugees, for Law Enforcement and Intelligence, and for International Claims and Investment Disputes, as well as Special Assistant to the Legal Adviser. Before joining the government, he was in private practice with Donovan Leisure Newton &Irvine in commercial and antitrust litigation. He was Adjunct Professor for over 25 years and received Georgetown's Charles Fahy award for distinguished adjunct faculty teaching in 2003-2004.
Prof. Stewart is President of the American Branch of the International Law Association and a member of the Board of Editors of the American Journal of International Law and the Secretary of State's Advisory Committee on Private International Law. The American Law Institute has selected him to serve as one of the reporters working on the Restatement (Fourth), Foreign Relations Law of the United States. He previously served on the Executive Council of the ABA's Section of International Law and the Executive Council of the American Society of International Law. In 2012 he was re-elected to the Inter-American Juridical Committee, which advises the Organization of American States on juridical matters of an international nature and promotes the progressive development and codification of international law.
Professor Stewart co-directs the Global Law Scholars Program, directs the Center on Transnational Business and the Law, and teaches courses in public and private international law, foreign relations law, international immunities, international criminal law and civil litigation. He co-edited the multi-volume Digest of U.S. Practice in International Law for the years 1990-2003.With Professors Luban and O'Sullivan, he co-authored International and Transnational Criminal Law (Aspen 2nd ed., 2014).
Justice, Michigan Supreme Court
Stephen Markman was appointed Justice of the Michigan Supreme Court on October 1, 1999. He served as the Chief Justice from 2017-2019. Before his appointment, he served as Judge on the Michigan Court of Appeals from 1995-1999. Prior to this, he practiced law with the firm of Miller, Canfield, Paddock & Stone in Detroit.
From 1989-1993, Justice Markman served as United States Attorney, or federal prosecutor, in Michigan, after having been nominated by President George H. W. Bush and confirmed by the United States Senate. From 1985-1989, he served as Assistant Attorney General of the United States, after having been nominated by President Ronald Reagan and confirmed by the United States Senate. In that position, he headed the Department of Justice’s Office of Legal Policy, which served as the principal policy development office within the Department, and which coordinated the federal judicial selection process. Prior to this, he served for seven years as Chief Counsel of the United States Senate Subcommittee on the Constitution, and as Deputy Chief Counsel of the United States Senate Judiciary Committee.
Justice Markman has authored articles for such publications as the University of Michigan Journal of Law Reform, the Detroit College of Law Review, the Stanford Law Review, the University of Chicago Law Review, the American Criminal Justice Law Review, the Barrister’s Law Journal, the Harvard Journal of Law & Public Policy, and the American University Law Review. He has also served as a contributing editor of National Review magazine, and has authored chapters in such books as “In the Name of Justice: The Aims of the Criminal Law,” “Still the Law of the Land,” and “Originalism: A Quarter Century of Debate.”
Justice Markman has taught constitutional law at Hillsdale College since 1993. He has served on the Board of Directors of the Western Michigan University Thomas M. Cooley Law School. He traveled to Ukraine on two occasions on behalf of the State Department, to provide assistance in the development of that nation’s post-Soviet constitution. He is a Fellow of the Michigan Bar Foundation, a Master of the Bench of the Inns of Court, and a member of the One Hundred Club. He has spoken before hundreds of youth, civic, charitable, and legal groups throughout Michigan and nationally, and has coached Little League baseball and basketball. He lives with his wife Mary Kathleen in Mason, and has two sons, James and Charles.
Justice Markman was re-elected to the Supreme Court in 2000, 2004, and 2012. His present term expires January 1, 2021.
Justice in Residence and Visiting Professor of Law, Ave Maria School of Law
Professor Taylor is a retired Chief Justice of the Michigan Supreme Court and served over 16 years as an appellate judge in Michigan. He is a graduate of the University of Michigan and received his J.D. from George Washington University Law School. After service as an officer in the US Navy, he began his legal career as an Assistant Prosecuting Attorney in Michigan and then practiced in a Lansing, Michigan, law firm, Denfield, Timmer and Taylor, for 19 years earning the highest ratings as to competence and character. He has lectured at law schools across the United States, been published in numerous law reviews and was the co-author of a three volume Michigan Practice Guide on Torts. He has served on the Board of Directors of the National Conference of Chief Justices, was a member, and then President, of the Michigan State Board of Law Examiners and served on the Board of Directors of the George Mason University Law School's Law and Economics Center.
Former Michigan Supreme Court Justice
Robert P. Young, Jr., retired justice of the Michigan Supreme Court, promoted initiatives to measure judicial performance, track public satisfaction, adopt best practices, streamline court processes, and implement technologies that expand public access, increase efficiency, and boost productivity of trial courts. From 2018 to 2019 he served as vice president and general counsel at Michigan State University. Mr. Young previously served 18 years as a member of the Michigan Supreme Court, including as chief justice from 2011 to January 2017. Before that, he was a judge of the Michigan Court of Appeals. Mr. Young has served on the boards of many charitable groups, including the Detroit Urban League, United Community Services of Metropolitan Detroit, and Vista Maria, a resource center for abused and neglected young women and girls. A former commissioner of the Michigan Civil Service Commission, he was a trustee of Central Michigan University, University Liggett School, and the Grosse Pointe Academy. Mr. Young is a former chair of the Greater Detroit Chamber of Commerce Leadership Detroit. He had been an adjunct professor at Wayne State University Law School for more than 20 years and more recently taught at Michigan State University Law School.