Judge, United States Court of Appeals, Ninth Circuit
Biography
Judge Nelson was confirmed to the Ninth Circuit in October 2018,as the youngest Circuit Judge to serve from Idaho and he has chambers in his hometown of Idaho Falls.Prior to his confirmation, Judge Nelson served for nine years as General Counsel of Idaho Falls-based Melaleuca, Inc., a consumer goods company. He previously worked in Washington, DC, where he served in all three branches of the federal government, including as Special Counsel for Supreme Court nominations to the Ranking Member of the Senate Judiciary Committee; Deputy General Counsel to the White House Office of Management and Budget; Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice; and a law clerk to Judge Henderson of the United States Court of Appeals for the D.C. Circuit. He has argued in most of the federal courts of appeals and worked on dozens of Supreme Court briefs. He started in the Washington, DC office of Sidley Austin as an appellate lawyer, after clerking for Judges Mosk and Brower of the Iran-U.S. Claims Tribunal at The Hague, and fornow-Judge Tom Griffith, then-Senate Legal Counsel, during the impeachment trial of President Clinton. Judge Nelson earned his B.A. from Brigham Young University and his J.D., with honors, from BYU Law School. Judge Nelson has been a member of the Federalist Society since 1998.
Chief Judge, United States Court of Appeals, Sixth Circuit
Biography
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
Senior Legal Fellow and Manager, National Security Law Program, The Heritage Foundation
Biography
Charles “Cully” Stimson is a widely recognized expert in national security, homeland security, crime control, drug policy and immigration. A senior legal fellow at The Heritage Foundation since 2007, Stimson became Manager of the National Security Law Program in Heritage’s Institute for Constitutional Government in April 2013 after serving as Heritage’s chief of staff for a year.
Stimson writes and lectures on policy issues such as the law of armed conflict, terrorist detainee policy and interrogations, the Geneva Conventions, military commissions, the Patriot Act and FISA, criminal law and the death penalty, immigration and the war on drugs. As chief of staff to then-Heritage President Edwin J. Feulner, he was a key adviser on public policy matters as well as manager of Feulner’s office staff and Heritage’s day-to-day operations.
Stimson’s many research papers, op-eds and articles include special reports such as “Adult Time for Adult Crime,” a comprehensive study on the constitutionality of life sentences for teen-age murderers, and Sexual Assault in the Military: Understanding the Problem and How to Fix It, a ground-breaking paper detailing the inner workings of the military justice system compared to its civilian counterpart. His work on criminal and immigration law has been cited in briefs before the U.S. Supreme Court.
He testifies before the U.S. Senate and House on national security issues, and recently testified before the Senate Armed Services Committee on the Law of Armed Conflict, Law of War, and the 2001 Authorization for Use of Military Force.
Before joining the think tank in 2007, Stimson served as Deputy Assistant Secretary of Defense for Detainee Affairs. He advised then-Secretaries of Defense Donald Rumsfeld and Robert Gates and coordinated the Pentagon’s global detention policy and operations, including at Guantanamo Bay and in Iraq and Afghanistan. He was chairman of detainee-related panels such as the Defense Senior Leadership Oversight Committee, and the Special Detainee Follow Up Group. He represented the United States before the U.N. in Geneva, Switzerland in May 2006 where he led the DOD delegation in defense of the United States’ Second Period Report on the Convention Against Torture.
An accomplished trial lawyer, Stimson worked as a prosecutor at the local, state and federal levels, where he concentrated on violent crimes such as homicide, sexual assault and domestic violence. A third generation naval officer, Cully also served as a military prosecutor, defense counsel, and recently served as Deputy Chief Judge of the Navy-Marine Corps Trial Judiciary. He continues to serve, with the rank of Captain, as the Commanding Officer of the Preliminary Hearing Unit.
Stimson’s thousands of media interviews and appearances include Fox News Channel, MSNBC, CNN, BBC, NPR and C-SPAN. He has been quoted by most major newspapers, including The Washington Post, Wall Street Journal, New York Times, Los Angeles Times, and London Times.
A businessman and educator by training, Stimson is Vice Chairman of his family’s commercial real estate company in Seattle. Before 9/11, he was a Vice President at a New York-based global financial services and insurance brokerage firm where ran the private equity mergers and acquisitions D.C. operation.
Stimson holds a law degree from the George Mason University School of Law, where he later taught as an Adjunct Professor of Law. He is a graduate of Kenyon College, where he was Captain of the men’s varsity soccer team and an All-Conference player. He also studied at Harvard and Exeter universities. An avid soccer player and triathlete, he serves as Chairman of the Board of the United States Soccer Foundation, the charitable giving arm of U.S. Soccer.
Solicitor General, Mississippi Attorney General's Office
Biography
Scott G. Stewart is the Solicitor General of Mississippi. He has litigated and presented oral argument in the U.S. Supreme Court, in all regional federal courts of appeals, and in trial-level courts across the country. Stewart previously served as a Deputy Assistant Attorney General in the U.S. Department of Justice and worked in private practice as a litigator. He served as a law clerk to Justice Clarence Thomas of the Supreme Court of the United States and to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. Stewart graduated from Princeton University and Stanford Law School.
Judge, United States Court of Appeals, Ninth Circuit
Biography
Judge Daniel A. Bress is a Circuit Judge on the United States Court of Appeals for the Ninth Circuit, with chambers in San Francisco. A native of Gilroy, California, Judge Bress graduated magna cum laude from Harvard College and received his J.D. degree from the University of Virginia School of Law, where he served as Editor-in-Chief of the Virginia Law Review. Following law school, Judge Bress clerked for the Honorable J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit, and the Honorable Antonin Scalia of the Supreme Court of the United States. Judge Bress was then a lawyer private practice, first at Munger Tolles & Olson and later at Kirkland & Ellis LLP, where he was a litigation partner. Judge Bress has also taught law school courses at the University of Virginia School of Law and the Columbus School of Law at Catholic University. Judge Bress was nominated and confirmed to the Ninth Circuit in 2019.
Judge, United States Court of Appeals, Sixth Circuit
Biography
Eric Murphy has been a Judge on the United States Court of Appeals for the Sixth Circuit since March 2019. He previously served as the ninth State Solicitor of Ohio. In that role, Eric briefed and argued appellate cases on behalf of Ohio and its state agencies and officers in the U.S. Supreme Court, the U.S. Court of Appeals for the Sixth Circuit, and the Ohio Supreme Court. Before his appointment as State Solicitor, Eric practiced appellate litigation at Jones Day. After graduation from law school, he served as a law clerk for Justice Anthony M. Kennedy of the Supreme Court of the United States, and Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit. He received his law degree from the University of Chicago and his undergraduate degree from Miami University.
David Lat is a lawyer turned writer. He publishes Original Jurisdiction, a newsletter on Substack about law and legal affairs, and he writes for newspapers and magazines, including the New York Times, Washington Post, and Wall Street Journal. Prior to launching Original Jurisdiction, David founded Above the Law, one of the nation's most widely read legal news websites, and Underneath Their Robes, a popular blog about federal judges that he wrote under a pseudonym. He is also the author of a novel set in the world of the federal courts, Supreme Ambitions. Before entering the media world, David worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz, in New York; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. David graduated from Harvard College and Yale Law School, where he served as an editor of the Yale Law Journal.
Director of the Center for Judicial Engagement, Institute for Justice
Biography
Anthony Sanders is the Director of the Center for Judicial Engagement (CJE) at the Institute for Justice and a senior attorney. He joined IJ in 2010. As CJE’s director, he educates the public about the proper role of judges in enforcing constitutional limits on the size and scope of government. As a senior attorney he litigates cutting-edge constitutional cases protecting economic liberty, private property, freedom of speech and other individual liberties in both federal and state courts across the country.
One area of Anthony’s expertise is on using state constitutions to protect individual rights. He is the author of the book, published by University of Michigan Press, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters. He has also written several law review articles on state constitutional law, unenumerated rights, judicial review, economic liberty, property rights, international law, and other subjects. His work has appeared in publications such as the Iowa Law Review, Minnesota Law Review, American University Law Review, and Rutgers Law Review, and he has published opinion pieces in leading media outlets across the country. Further, he frequently speaks to various audiences on these matters and others, including judicial engagement, free speech, civil forfeiture, and the continuing importance of Magna Carta. Additionally, he hosts the weekly Short Circuit podcast, which often records live in front of law student audiences.
Anthony has litigated several cases in various state courts on state constitutional protections, as well as in federal courts on matters such as economic liberty, free speech, administrative law, and fines and fees abuse. Prior to joining IJ, Anthony served as a law clerk to Justice W. William Leaphart on the Montana Supreme Court. Anthony also worked for several years in private practice in Chicago where he was an active member of the Chicago Bar Association and chaired its Civil Rights Committee.
Anthony received his law degree cum laude from the University of Minnesota Law School in 2004, where he served as an articles submission editor for the Minnesota Law Review. He received his undergraduate degree from Hamline University in St. Paul, Minnesota, and his master’s degree from the University of Wisconsin-Madison. A dual U.S. and U.K. citizen, Anthony grew up on the islands of Vashon in Washington State, and Alderney in the British Channel Islands.
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.
Speaker Information
Richard F. Duncan
Welpton & Wise Professor of Law, University of Nebraska College of Law
Biography
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.”
William S. Boyd Professor of Law, University of Nevada, Las Vegas, William S. Boyd School of Law
Biography
Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las Vegas, William S. Boyd School of Law. Professor Griffin, who teaches constitutional law, is known for her interdisciplinary work in law and religion. She holds a Ph.D. in Religious Studies from Yale University and a J.D. from Stanford Law School. She is author of the Foundation Press casebook Law and Religion: Cases and Materials (5th edition, 2022) with Andrew L. Seidel. Practicing Bioethics Law (2d ed. 2021) is co-authored with Joan H. Krause, Dan K. Moore Distinguished Professor of Law at the University of North Carolina School of Law. She and University of Pennsylvania Professor Marci Hamilton published Learning Constitutional Law (Cognella Press, 2023).
She wrote the recent book chapter, Bambi Trauma—Surviving TBI Twice, in Traumatic Brain Injury—Challenges (Dr. Ioannis Mavroudis & Alin Ciobica, eds., IntechOpen, 2024), https://www.intechopen.com/online-first/1179800#. And Catholic Sexual Abuse in Louisiana is in the University of Detroit Mercy Law Review, volume 101, p. 375 (2024).
Another article is What Did Those Sixteen Justices Say?, 58 Willamette L. Rev. 163 (2022). A book chapter entitled Rewritten Opinion, Means v. United States Conference of Catholic Bishops, is in the book Feminist Judgments: Rewritten Health Law Opinions (S. Mohapatra & L. Wiley, eds., Cambridge University Press, 2022). Other recent articles include What is Ethical Discharge?, 10:3 Narrative Inquiry in Bioethics 193 (2020); What Can We Expect of Law and Religion in 2020?, 79 SMU L. Rev. F. 73 (2020); Traumatic Brain Injury: Compassionate Care, Not Clinical Nihilism, 6:2 Journal of Hospital Ethics 87 (Fall 2019) (with Carole S. Anhalt); Conquering Brain Injury, 34:5 Journal of Head Trauma Rehabilitation 366 (2019), Religious Freedom, Human Rights, and Peaceful Coexistence, 50 Loyola University Chicago Law Journal 77 (2018), Pre-or Post Mortem?, 18 Nevada Law Journal 221 (2017). Her rewritten opinion about the abortion funding case, Harris v. McRae, 448 U.S. 297 (1980), is in Feminist Judgments: Rewritten Opinions of the United States Supreme Court (L. Berger, B. Crawford & K. Stanchi, eds., Cambridge University Press, 2016).
Griffin has written numerous amicus briefs defending children's and employees' religious freedom. She blogs for Justia's Verdict column, and posts occasionally on Petrie-Flom’s health law blog.
Other writings include Marriage Rights and Religious Exemptions in the United States, Oxford Handbooks Online (2017), Beyond the Basketball Court: How Brittney Griner’s In My Skin Illustrates Title IX’s Failure to Protect LGBT Athletes at Religious Institutions, 34 Law and Inequality 489 (2016), A Word of Warning from A Woman: Arbitrary, Categorical, and Hidden Religious Exemptions Threaten LGBT Rights, 7 Ala. C.R. & C.L.L. Rev. 97 (2015), and The Catholic Bishops vs. the Contraceptive Mandate, Religions 2015, 6, 1411–1432.
